Stephen M. Libby v. Maurice A. Libner, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC# 18-195

Dated: January 2, 2019

Bar Number: 000239

A hearing in this matter was held on December 3, 2018, in Lewiston, 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 Michael R. Poulin, Esq., Carrie Folsom, Esq., and public member Cheryl Brandt. The Petitioner and the Respondent each appeared pro se and testified. Based upon the prior submitted documentary evidence and the testimonial evidence introduced at the hearing, the Panel finds as follows:

  1. The Commission does not have jurisdiction with respect to the portion of the Petition relating to fees charged for the SSDI matter and, therefore, that portion of the Petition is dismissed.
  2. The fees charged by Respondent, and paid by Petitioner, for the bankruptcy matter were reasonable, and Petitioner is not entitled to any refund.

ln order to preserve the confidentiality of the documentary and testimonial evidence, 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 January 2, 2019.

Michael R. Poulin, Esq.
Chair, Panel 2
Fee Arbitration Commission