Brittany G. Favre v. Charles W. Taitt, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC #20-088

Dated: January 5, 2021

Bar Number: 004324

On December 15, 2020, the Board of Overseers’ Fee Arbitration Commission conducted a hearing in the above-captioned matter. The dispute concerned fee issues detailed within Petitioner, Brittany G. Favre’s fee Petition. The members of the Commission were Chair Carrie Folsom, Esq.; Zachary I. Greenfield, Esq.; and public member Cheryl Brandt. The hearing occurred telephonically. The Petitioner was present and testified. The Respondent was also present and testified. Based upon the evidence admitted, the Commission finds as follows:

Respondent was hired by Petitioner to represent her in a moderately complex family matter case. Respondent’s submitted materials included a form fee agreement, but the copy was not signed, and at the Hearing, Respondent admitted that it was his recollection that it had not been signed. Therefore, there was no written fee agreement, and there being no dispute that Petitioner hired Respondent to render legal services, the issue before the Board was the reasonableness of Respondent’s fees. The parties agreed that the total fee was $7,692.00, that Petitioner had paid $4,750.00 toward that balance, and thus that a remaining balance due was $2,942.00.

Assessing the findings in conjunction with the factors set forth in Rule 1.5 of the Rules of Professional Conduct, the Panel finds that fees charged by Respondent to Petitioner for legal services was reasonable, and therefore Petitioner owes Respondent the remaining balance due of $2,942.00.

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 has subscribed to this award on January 5, 2021.

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