Heather Maillet v. Melanie R. Portas, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC #19-417

Dated: December 28, 2020

Bar Number: 008979

On December 1, 2020, the Board of Overseers’ Fee Arbitration Commission conducted a hearing in the above-captioned matter. The dispute concerned fee issues detailed within Petitioner, Heather Maillet’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 present and testified through her counsel, Jon Plourde, Esq. The hearing was not concluded at the end of the scheduled time. A second hearing was scheduled for December 22, 2020. Neither party was available to attend the hearing due to scheduling conflicts. The Panel Chair invited the parties to submit written final statements in lieu of the scheduled hearing. Based upon the evidence admitted, the Commission finds as follows: Respondent is entitled to an additional fee of $3978.41

Assessing the findings in conjunction with the factors set forth in Rule 1.5 of the Rules of Professional Conduct, the Panel finds that Respondent's additional fees are reasonable.

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 28, 2020.

Brett D. Baber, Esq.
Chair, Panel 3
Fee Arbitration Commission