Margaret Farrin v. Christopher J. Whalley, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: 13-095

Dated: July 2, 2013

Bar Number: 007370

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 June 20, 2013, at Augusta, Maine. Both the Petitioner and Respondent appeared and testified and Respondent's assistant, LeeAnne Spoon testified by telephone.

Based upon the testimony and the evidence submitted, the Panel finds that Respondent's fees are reasonable pursuant to Rule l.5 of the Rules of Professional Conduct. Therefore, Petitioner owes Respondent the sum of $2,809.72.1

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 A ward 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.

IN WITNESS WHEREOF, the undersigned have subscribed to this award on July 2, 2013.

1The Panel declines to award interest on balances due because there was no written agreement providing for interest.

Daniel J. Stevens, Esq., Chair

Christopher L. Mann, Esq. Attorney Member

Cathy A. DeMerchant, Lay Member