Johnny A. Gray v. Anthony P, Shusta II, Esq.

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Disposition: Award to Petitioner

Issued by: Fee Arbitration Commission

Docket #: FAC# 19-369

Dated: May 12, 2020

Bar Number: 003424

A telephonic hearing in the above matter was held on May 11, 2020, before a duly authorized Fee Arbitration Panel of the Fee Arbitration Commission of the Board of Overseers of the Bar. This Panel was designated to hear the controversy existing between the above-named parties as set forth in the Petitioner’s Petition. The members of this Panel were Chair Brett D. Baber, Esq.; Julia A. Sheridan, Esq.; and public member Paul F. Bolin, The Petitioner appeared by phone and testified. The Petitioner’s witness Crystal Comeau appeared and testified as well. The Respondent is deceased. The attorney for the estate filed written submissions only and did not appear. Based upon the evidence introduced, and considering the factors set forth in Rules 1.5 of the Rules of Professional Conduct, the Panel finds that Mr. Gray is entitled to a refund of $2,230.

In order to preserve the confidentiality of the written materials and the testimony submitted at the hearing, the findings of fact and conclusions are not set forth in the Award and Determination. This Award and Determination is accompanied, however, by a separate supplemental document which sets forth the findings of facts and conclusions of the Panel. By ruling of the Chair, the attached supplemental document shall not be considered part of the award, which is a public document. In accordance with Maine Bar Rule 7(h), the supplemental document shall be confidential and shall not be open to the public or disclosed to any person except as otherwise set forth in Maine Bar Rule 7(h).

The Award and Determination is in full settlement of all claims submitted to the Arbitration Panel.

The undersigned has subscribed to this award on May 12, 2020.

Brett D. Baber, Esq.
Chair, Panel 4
Fee Arbitration Commission