Margaret Lane v. Alton C. Stevens, Esq.

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Disposition: Award to Petitioner

Issued by: Fee Arbitration Commission

Docket #: FAC #20-116

Dated: November 23, 2020

Bar Number: 000194

On November 09, 2020, the Board of Overseers’ Fee Arbitration Commission conducted a hearing in the above-captioned matter. The dispute concerned fee issues detailed within Petitioner, Margaret Lane’s fee Petition. The members of the Commission were Brett D. Baber, Esq.; Carrie Folsom, Esq.; and public member Nancy Y. Harrison. The hearing occurred telephonically. The Petitioner was present and testified. The Respondent was also present and testified. The hearing was scheduled for one hour. The hearing was not concluded in the time allotted. The Panel Chair advised the parties that they could submit any final arguments by 11/16/20. Neither party offered any additional submissions. Thereafter, the Panel reconvened on November 19, 2020 at 1:00 pm to deliberate the matter. Based upon the evidence admitted, the Commission finds as follows:

Assessing the findings in conjunction with the factors set forth in Rule 1.5 of the Rules of Professional Conduct, the Commission finds that a reasonable attorney’s fee under the circumstances is $9,140.00, together with the mediator’s fee of $1,104. Accordingly, a refund of $6,756 is due from the Respondent to the Petitioner.

Pursuant to Maine Bar Rule 7(h), in order to preserve the confidentiality of the written materials and the testimony admitted at the hearing, the Commission has not enumerated its findings of fact and conclusions within this Award and Determination. The Award and Determination is accompanied, however, by a separate supplemental document which sets forth the findings of facts and conclusions of the Commission. 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).

This Award and Determination is in full settlement of all claims submitted to the Fee Arbitration Commission.

The undersigned have subscribed to this award on November 23, 2020.

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