Cynthia Turner v. Thomas S. Carey, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC#16-269

Dated: May 31, 2017

Bar Number: 000095

This matter was heard before a duly authorized Panel of the Fee Arbitration Commission of the Board of Overseers of the Bar. The Panel consisted of Michael R. Poulin, Esq., Chair; Nancy Macirowski, Esq.; and Jeffry William Fitch, public member. A hearing was held on May 15, 2017, in Augusta, Maine. The Petitioner appeared by telephone and testified and was represented in person by counsel, Michael Burian, Esq. The Respondent appeared and testified. Neither party requested that the hearings be recorded, and they were not.

Based upon the evidence presented, the Panel finds as follows:

The Respondent is awarded $3,547.37 in fees and costs, and $444.77 in interest, for a total award of $3,992.14.

In order to preserve the confidentiality of the written materials and 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 documents 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 arbitration panel.

IN WITNESS WHEREOF, the undersigned has subscribed to this Award and Determination on May 31, 2017.

Michael R. Poulin, Esq.
Panel 2 Chair
Fee Arbitration Commission