Jeffrey Bennett, Esq.
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Disposition: Award to Petitioner
Issued by: Fee Arbitration Commission
Docket #: FAC #22-069
Dated: May 5, 2022
Bar Number: 007223
On May 3, 2022, the Board of Overseers' Fee Arbitration Commission conducted a hearing in the above-captioned matter. The dispute concerned fee issues detailed within Petitioner, Pamela J. Stowe's fee Petition. The members of the Commission were Blair A. Jones, Esq.; Kristina M. Donovan, Esq.; and public member Nancy L. English. The hearing occurred via Zoom. The Petitioner was present and testified. The Respondent was also present and testified. 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 the Respondent, Jeffrey Bennett, has agreed to reimburse Petitioner that portion of the fee charged for a phone conference on November 12, 2021 and a meeting on November 23, 2021, which occurred prior to Petitioner having hired Respondent. The total amount to be reimbursed shall be $1,080, representing .8 hours of time billed on November 12, 2021 and 1.3 hours billed by attorney "BB" and 1.5 hours billed by attorney "JB" on November 23, 2021, all at the rate of $300 per hour. The total time being reimbursed is 3.6 which amounts to $1,080 at $300 per hour.
The Panel finds that the Petitioner is not entitled to further reimbursement of the $3,000 in fees paid to Respondent, as the parties reached an agreement regarding the scope of work to be performed, the rate to be paid for the work, and the fees were reasonable under the circumstances.
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 May 5, 2022.
Blair A. Jones, Esq., Panel Chair
Kristina M. Donovan, Esq., Panel Member
Nancy L. English, Public Member
Fee Arbitration Commission, Panel 3