Tina M. St. Laurent v. Heidi M. Pushard, Esq.

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Disposition: Award to Petitioner

Issued by: Fee Arbitration Commission

Docket #: FAC#15-339

Dated: April 28, 2016

Bar Number: 004704

A hearing in the above matter was held on April 7, 2016, in Augusta, Maine before 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. The members of this Panel were Chair Michael J. Levey, Esq.; Daniel J. Stevens, Esq.; and public member Sandra Hodge. The Petitioner and Respondent were present and testified.

Based upon the evidence introduced, and considering the factors set forth in Rule 1.5 of the Rules of Professional conduct, the Panel finds that Respondent's fees charged to Petitioner were, in part, unreasonable. Panel finds a reasonable fee in the amount of $5,400.00. Any fee in excess of that amount is unreasonable and is not awarded to Respondent. Respondent has been paid $5,903.00. Therefore, Petitioner is hereby awarded judgment in the amount of a refund of $503.00.

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 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.

The undersigned have subscribed to this award on April 28, 2016.

Michael J. Levey, Esq.
Chair, Panel 3
Fee Arbitration Commission