Pamela C. Jones v. Daniel R. Warren, Esq.

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Disposition: Award to Petitioner

Issued by: Fee Arbitration Commission

Docket #: FAC#15-113

Dated: November 10, 2015

Bar Number: 002807

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 in accordance with the provisions of the Petitioner's Petition and the Respondent's Reply, and after a hearing before the Panel on September 24, 2015 in Portland, Maine at which evidence was submitted and argument heard, and after consideration of post-hearing supplemental filings, the Panel finds as follows:

Petitioner's claim for a greater share of the total settlement proceeds calculated by Respondent to be $26,088.38, consisting of 50% of the $75,000.00 settlement ($37,500.00) less costs ($11,411.62), is GRANTED IN PART. Applying the factors set forth in Rule 1.5 of the Maine Rules of Professional Conduct, the Panel finds that the costs charged to Petitioner were unreasonable to the extent of $2,300.00 and therefore finds that the net settlement proceeds due to Petitioner shall be increased by that amount for a total of $28,388.38. Respondent shall forthwith pay to the Petitioner the sum of $28,388.38 from the settlement proceeds held in Respondent's trust account. IT IS SO ORDERED.

In order to preserve the confidentiality of 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 7(f)(1), 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 this Arbitration Panel.

Dated: November 10, 2015

Rufus E. Brown, Esq.
Panel Chair