Hugh Cummings v. Lawrence A. Lunn, Esq.

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Disposition: Award to Petitioner

Issued by: Fee Arbitration Commission

Docket #: FAC #19-346

Dated: December 14, 2020

Bar Number: 002358

On December 8, 2020, the Board of Overseers’ Fee Arbitration Commission conducted a hearing in the above-captioned matter. The dispute concerned fee issues detailed within Petitioner, Hugh Cummings’s fee Petition. The members of the Commission were Carrie Folsom, Esq.; Kenda Scheele, Esq.; and public member Sandra Hodge. The hearing occurred telephonically. The Petitioner was present and testified by telephone. The Respondent did not appear and did not file any written submissions. Based upon the evidence admitted, the Commission finds as follows:

Petitioner hired Respondent to render legal services to him in connection with his divorce. There was no written fee agreement between them. Petitioner stated that the total legal fee charged was $15,817.00, and that he had paid $15,371.00. In the absence of any billing statements from either party, its not clear which figure reflects the total billing. However, due to the complete lack of participation herein by Respondent, either by submitting a written response to the Petition or failing to participate in the hearing, the Board finds that the fees were not reasonable for the services rendered, and directs that Petitioner is due a refund in his requested amount of $4,446.00.

Assessing the findings in conjunction with the factors set forth in Rule 1.5 of the Rules of Professional Conduct, the Panel finds as foresaid.

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 December 14, 2020.

Carrie Folsom, Esq.
Chair, Panel 2
Fee Arbitration Commission