Stanley D. Jandreau v. Theodore M. Smith, Esq.

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Disposition: Award to Petitioner

Issued by: Fee Arbitration Commission

Docket #: FAC# 17-306

Dated: March 16, 2018

Bar Number: 009231

A hearing in this matter was held on March 6, 2018, 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 above-named 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 Nancy Y. Harrison. The Petitioner and the Respondent each appeared and testified. Based upon the testamentary evidence introduced at the hearing and the documentary evidence submitted by the parties prior to the hearing, 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 Stanley Jandreau has carried his burden to show that the request for reimbursement of costs is unreasonable. Therefore, Stanley Jandreau does not owe Mr. Smith any further amount related to the representation.

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 Confidential Addendum that sets forth the findings of facts and conclusions of the Panel. By ruling of the Chair, the Confidential Addendum shall not be considered part of the award, which is a public document. In accordance with Maine Bar Rule 7(h), the Confidential Addendum 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 March 16, 2018.

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