Lori A. Roberts v. Scott David Giese

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Disposition: Award to Petitioner

Issued by: Fee Arbitration Commission

Docket #: FAC#14-391

Dated: December 9, 2014

Bar Number: 004294

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 did not appear or file any written submissions. Based upon the evidence introduced, the Panel finds as follows:

The Petitioner paid the Respondent $1,000.00 for legal services to be performed. The Respondent did not provide any services.

Measuring the findings with the factors set forth in Rules 1.5 of the Rules of Professional Conduct, the Panel finds that the Respondent has not carried his burden to show that the legal fees charged to the Petitioner were reasonable. Therefore, the Respondent shall reimburse the Petitioner the sum of $1,000.00.

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