Alden D. Hewey v. Tracy Marie Nale, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC#16-066

Dated: May 25, 2016

Bar Number: 004695

A hearing in this matter was held on May 18, 2016 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 Daniel J. Stevens, Esq.; Nancy Macirowski, Esq.; and public member Sandra Hodge. The Petitioner and the Respondent submitted pre-hearing written submissions. The Petitioner did not appear at the hearing. The Respondent was present, but offered no testimony.

Based upon the written 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 reasonable. The Petitioner?s claim for a refund of fees is denied.

In order to preserve the confidentiality of the written materials, the findings of facts 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 is in full settlement of all claims submitted to the Arbitration Panel.

The undersigned has subscribed to this award on May 25, 2016.

Daniel J. Stevens, Esq.
Acting Chair, Panel 3
Fee Arbitration Commission