Ronald F. Brody v. Jed Davis, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: 13-118

Dated: July 3, 2013

Bar Number: 001686

The undersigned constitutes a duly authorized Fee Arbitration Panel of the Fee Arbitration Commission of the Board of Overseers of the Bar. This Panel was designed to hear the controversy existing between the above named parties as set forth in the Petitioner's Petition. A hearing was held on June 20, 2013, at Augusta, Maine. The Petitioner and the Respondent were both present and testified. Based upon the evidence introduced, the Panel finds as follows:

There was a written fee agreement that governed the representation involved in the Petition. The agreement called for hourly rate billing at $250 per hour for attorney time, $165 per hour for associate attorney time, $65 per hour for paralegal time and payment of expenses. The total amount billed/sought by Respondent from Petitioner is $6,143.50 for time and $130.56 in costs. Based upon the factors set forth in Rule 1.5, the panel finds the amount sought by Respondent for his time to be reasonable. Of that amount, Petitioner has already paid $4,293.50. The Respondent seeks from the Petitioner the balance of $1,850.00 and the Panel awards amount of $1,850.00 to Respondent.

In order to preserve the confidentiality of the written materials and the testimony submitted at the hearing, the findings of fact and conclusions are not set forth in the Award and Determination. This Award and Determination is accompanied, however, by a separate supplemental document which sets forth the findings of facts and conclusions of the Panel. 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 9(j), 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 9(j).

The Award and Determination is in full settlement of all claims submitted to the Arbitration Panel.

Daniel J. Stevens, Esq., Chair

Christopher L. Mann, Esq. Attorney Member

Cathy A. DeMerchant, Lay Member