Shawn Benjamin v. Thaddeus V. Day, Esq.
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Disposition: Award to Respondent
Issued by: Fee Arbitration Commission
Docket #: 13-220
Dated: October 16, 2013
Bar Number: 008472
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 August 27, 2013, at Portland, Maine. Although duly notified of the date and place of the hearing, the Petitioner was not present and did not testify. The Respondent did appear and filed written submissions. Based upon the evidence introduced, the Panel finds as follows:
Petitioners' claim for a refund of fees is denied. Fees, costs and accrued interest in the amount of $5,928.46 are awarded to the 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.
Rufus E. Brown, Esq., Chair
Daniel J. Mitchell, Esq. Attorney Member
Michael B. Reynolds, Lay Member