Nancy I. Brown v. Dale F. Thistle

Download Download Decision (PDF)

Disposition: Award to Petitioner

Issued by: Fee Arbitration Commission

Docket #: FAC#15-148

Dated: November 3, 2015

Bar Number: 007483

Public member Cathy A. DeMerchant, Michael J. Levey, Esq., and Christopher L. Mann, Chair, constitute 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 September 17, 2015, at Augusta, Maine. Both pro-se Petitioner and Respondent with counsel, Josh Tardy Esq., appeared and testified. Respondent submitted an exhibit. Based upon the evidence introduced and the testimony, the Panel finds as follows:

Measuring the findings with the factors set forth in Rules 1.5 of the Rules of Professional Conduct, the Panel finds that Petitioner has carried her burden to establish that a portion of the fees is unreasonable. Judgment in the amount of $5,195.91 is hereby awarded to the Petitioner.

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 7(h), 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 7(h).

The Award and Determination is in full settlement of all claims submitted to the Arbitration Panel.

Dated: November 3, 2015

Christopher L. Mann, Esq., Panel Chair