Elaine P. Gosselin v. Jens-Peter W. Bergen, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC#14-367

Dated: December 9, 2014

Bar Number: 003930

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 designated to hear the controversy existing between the above named parties as set forth in the Petitioner's Petition. A hearing was held on November 20. 2014, at York, Maine. The Petitioner was present and testified. The Respondent appeared, testified, and filed written submissions. Based upon the evidence introduced, the Panel finds as follows:

The parties entered into a written fee agreement. The Panel found the Respondent's bill to be fair and reasonable for the work done on behalf of the Petitioner.

Measuring the findings with the factors set forth in Rules 1.5 of the Rules of Professional Conduct, the Panel finds that Elaine Gosselin has not carried her burden to show that Jens-Peter Bergen's fees and costs are unreasonable. Therefore, Elaine Gosselin owes Jens-Peter Bergen the sum of $2,478.00, the unpaid balance of the total bill.

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.

The undersigned have subscribed to this award on December 9, 2014.

Michael H. Ayotte, Esq., Panel Chair
Susan E. Driscoll, Esq., Panel Member
Rick Dacri, Public Member