David Bryant Tarr v. Alice A. Neal, Esq.

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Disposition: Award to Petitioner

Issued by: Fee Arbitration Commission

Docket #: FAC# 14-116

Dated: April 14, 2014

Bar Number: 004161

The undersigned, constituting a duly authorized Fee Arbitration Panel of the Fee Arbitration Commission of the Board of Overseers of the Bar, having been designated to hear the controversy existing between the above-named parties as set forth in the Petitioner's petition. A hearing was held on the 17th day of April 2014, at Biddeford, Maine, at which time testimonial evidence was heard along with a review of written submissions. The Petitioner presented evidence via telephone conference. The Respondent did not respond to the petition, did not submit documents or exhibits and did not appear at the hearing.1 Based on the testimony and evidence submitted, the Panel finds as follows:

That there was a written fee agreement between the Petitioner and Respondent. Based upon factors set forth in Rule 1.5 the Panel finds the amount charged by the Respondent to be reasonable. The petitioner paid a $2,000 retainer and does not dispute that $1,068 of that retainer for which he was provided a detailed bill was properly charged. The Petitioner is requesting that the unearned balance of $932 be returned.

In conclusion, the Commission finds in favor of the Petitioner and awards him $932. Respondent is ordered to return the $932 balance of Petitioner's retainer within thirty days of receipt of this award.

This Award and Determination is in full settlement of all claims submitted to this arbitration.

IN WITNESS WHEREOF, the undersigned have subscribed to this Award this 17th day of April 2014.

Michael Ayotte, Esq., Chairman

Arthur H. Dumas, Esq.

Richard Dacri

1 Due to some confusion in the scheduling of the hearing, which may have caused the Respondent to appear for the hearing at 1:00 PM, the Respondent was paged by the clerk to determine if she was in the courthouse for the 1PM scheduled time. The Respondent was not in the building.