Thomas G. Van Houten, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC #21-234

Dated: February 18, 2022

Bar Number: 003443


On December 13, 2021 and February 7, 2022, the Board of Overseers' Fee Arbitration Commission conducted a hearing in the above-captioned matter. The dispute concerned fee issues detailed within the Petitioners Fee Petition. The members of the Commission were Nancy Macirowski, Esq.; Edward Rabasco, Jr., Esq.; and public member Paul F. Bolin. The hearing occurred remotely via Zoom. The Petitioners were present and testified through their counsel, Gregory McCullough, Esq. The Respondent also appeared and testified through his counsel, James Bowie, Esq. Based upon the evidence admitted, the Commission finds as follows:

Assessing the findings in conjunction with the factors set forth in Rule 1.5 of the Rules of Professional Conduct, the Panel finds that Respondents fees were reasonable. As those fees were already paid, Petitioners owe no further payment and are not entitled to receive any payment back from Respondent.

Pursuant to Maine Bar Rule 7(h), in order to preserve the confidentiality of the written materials and the testimony admitted at the hearing, the Commission has not enumerated its findings of fact and conclusions within this Award and Determination. The Award and Determination is accompanied, however, by a separate supplemental document which sets forth the findings of facts and conclusions of the Commission. 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).

This Award and Determination is in full settlement of all claims submitted to the Fee Arbitration Commission.

The undersigned have subscribed to this award on February 18, 2022.

Nancy Macirowski, Esq., Panel Chair
Edward Rabasco, Jr., Esq., Panel Member
Paul F. Bolin, Public Member
Fee Arbitration Commission