Elizabeth J. Fogg & Peter H. Fogg v. Stephen J. Schwartz, Esq.

Download Download Decision (PDF)

Disposition: Dismissal

Issued by: Fee Arbitration Commission

Docket #: FAC# 16-360

Dated: May 17, 2017

Bar Number: 003129

A hearing in the above matter was scheduled for February 14, 2017. in Portland. 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 Steven E. Cope. Esq.; Neil D. Jamieson. Jr., Esq.: and public member Philip D. Fearon. Both the Petitioner and the Respondent filed written submissions and appeared in-person. Peter H. Fogg also appeared at the hearing.

During the course of the hearing. the parties were able to informally resolve this dispute involving attorney fees. The parties further agreed that adding Peter IL Fogg as a Petitioner was appropriate. All parties consented and with the consent of all parties. Peter H. Fogg shall be joined as Petitioner.1 The Respondent indicated that he would agree to settle the outstanding. Unpaid balance of fees for a total of $3,000. The Petitioners indicated their assent to this proposal. The parties further agreed to address any and all procedural matters necessary to implement the settlement without further involvement of the Fee Arbitration Commission. Thus. due to the parties? agreement to settle this dispute, it is hereby ORDERED pursuant to Maine Bar Rule 7 that this dispute he DISMISSED with prejudice.

Dated: May 17. 2017

Steven E. Cope. Esq.
Chair, Panel 1B
Fee Arbitration Commission

1The case caption reflects the joinder of Peter H. Fogg as a petitioner.