John Papi v. Jeffrey Bennett, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC# 19-301

Dated: February 1, 2021

Bar Number: 007223

On January 22, 2021, the Board of Overseers’ Fee Arbitration Commission conducted a hearing in the above-captioned matter. The dispute concerned fee issues detailed within Petitioner, John Papi’s fee Petition. The members of the Commission were Daniel J. Stevens, Esq.; Kristina M. Donovan, Esq.; and public member Timothy Smith, CPA. The hearing occurred via Zoom. The Petitioner was present and testified. The Respondent was present and testified. Brooke Bailey, a staff member at Respondent’s office also testified. 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 Panel finds that a reasonable fee for Respondent's work on the matters relating to Petitioners two disputes with the Town of Gorham total $35,506.90 and that payments totaling $35,182.90 have been made by or on behalf of Petitioner. As a result, Petitioner is hereby ordered to pay Respondent the balance of $324.00.

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 have subscribed to this award on February 1, 2021.

Daniel J. Stevens, Esq.
Chair, Panel 2
Fee Arbitration Commission