Susan Spencer & Jay Allen v. Jeffrey Bennett, Esq.

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Disposition: Award to Petitioner

Issued by: Fee Arbitration Commission

Docket #: FAC#17-096

Dated: June 19, 2017

Bar Number: 007223

The undersigned constitutes a duly authorized Fee Arbitration Panel of the Fee Arbitration Commission of the Board of Overseers of the Bar. This Panel was designed to hear the controversy existing between the above-named parties as set forth in the Petitioner's Petition. A hearing was held on June 15, 2017 at the York County Probate Court in Alfred, Maine. Both parties appeared and were provided opportunity to present all testimony and evidence to their satisfaction.

Based upon the evidence introduced, the Panel grants the Petitioner's petition. Petitioners are entitled to receive $50,000 from a settlement they entered in the underlying case. Respondent previously disbursed $38,808.70. Petitioners shall be entitled to an addition $11,191.30 from the settlement funds that are currently being held in escrow by the Respondent pending resolution of this fee dispute.

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).

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 June 19, 2017.

Susan E. Driscoll, Esq.
Panel 1A Chair
Fee Arbitration Commission