Christopher A. Rhoades v. Barry Zimmerman, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC#16-332

Dated: May 17, 2017

Bar Number: 000297

A hearing in the above matter was held on February 14, 2017, in Portland, 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 Steven E. Cope, Esq.; Mary A. Davis, Esq.; and public member Philip D. Fearon. Both parties appeared and were provided opportunity to present all testimony and evidence to their satisfaction. Based upon the evidence introduced, 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 although there was no written fee agreement, the Respondent has carried his burden in part to show that a portion of the fees are reasonable. Therefore, we find that the Petitioner owes Respondent the sum of $2,500, beyond the amount already paid by Petitioner to Respondent. The remainder of the fees sought by the Respondent are denied. Petitioner?s other claims are denied.

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 May 17, 2017.

Steven E. Cope, Esq.
Chair, Panel 1B
Fee Arbitration Commission