Paul Finley v. Robert Sandy, Esq.

Download Download Decision (PDF)

Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC#14-394

Dated: March 18, 2015

Bar Number: 000811

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 February 10, 2015, at Augusta, Maine. The Petitioner, Paul M. Finley, and Respondent appeared and testified. Based upon the evidence introduced and testimony, the Panel finds as follows:

  1. There was a fee agreement between the parties, and the burden of proof is therefore on Petitioner to demonstrate that the fees charged by Respondent were unreasonable.
  2. Petitioner paid Respondent a retainer in the sum of Six Hundred Dollars ($600.00).
  3. The reasonable fee in this matter is Eight Hundred Ninety-one Dollars ($891.00).
  4. Therefore, Petitioner owes Respondent Two Hundred Ninety-one Dollars ($291.00), plus interest.

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 fact 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 has subscribed to this Award on March 18, 2015.

Christopher Mann, Esq., Panel Chair
Peter T. Marchesi, Esq., Panel Member
Sandra Hodge, Public Member