Dara Glass v. Jeffrey P. Russell, Esq.
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Disposition: Award to Petitioner
Issued by: Fee Arbitration Commission
Docket #: FAC# 20-124
Dated: February 28, 2021
Bar Number: 007525
On February 19, 2021, the Board of Overseers’ Fee Arbitration Commission conducted a hearing in the above–captioned matter. This hearing date was a continuation of the December 11, 2020 hearing. The dispute concerned fee issues detailed within Petitioner, Dara Glass’s fee Petition. The members of the Commission were Chair Carrie Folsom, Esq.; Kenda Scheele, Esq.; and public member Sandra Hodge. The hearing occurred via Zoom. The Petitioner and Respondent were present and both session, and both testified. Based upon the evidence admitted, the Commission finds as follows:
There was a written fee agreement between the parties. Respondent was hired by Petitioner to render legal services associated with her late father’s Estate. The entire fee charged by Respondent, and paid by Petitioner, was $9,000.00, and a small additional amount that exceeded that figure was waived by Respondent leaving the entire billing at $9,000.00. The Board finds that the fee was reasonable, in part, and not reasonable, in part, and that Respondent is due to refund to Petitioner twenty–five percent (25%) of the $9,000.00 already paid, said amount being $2,250.00.
Assessing the findings in conjunction with the factors set forth in Rule 1.5 of the Rules of Professional Conduct, the Panel finds that, for the reasons aforesaid, Respondent is to refund to Petitioner the amount of $2,250.00.
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 February 28, 2021.
Carrie Folsom, Esq.
Chair, Panel 2
Fee Arbitration Commission
