Mark R. Gray v. Robert Moir Van Horn, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC#17-264

Dated: September 25, 2017

Bar Number: 004515

A hearing in this matter was held on September 25, 2017, in Bangor, 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 parties as set forth in the Petitioner's Petition. The members of this Panel were Chair Brett D. Baber, Esq., F. Todd Lowell, Esq., and public member Jeffry W. Fitch. The Petitioner and his wife, and the Respondent, appeared and testified. Based upon the evidence introduced, and measuring the Panel's findings with the factors set forth in Rules 1.5 of the Rules of Professional Conduct, the Panel finds that the Petitioner has not carried his burden to show that the fees and costs of the Respondent are unreasonable. Therefore, the Petitioner's request for a refund is 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 has subscribed to this award on September 25, 2017.

Brett D. Baber, Esq.
Chair, Panel 4
Fee Arbitration Commission