Michelle M. Rubchinuk v. Clarence H. Spurling, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: 12-343

Dated: January 2, 2013

Bar Number: 007416

The undersigned constitutes 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 and Respondent's Reply. A hearing was held on December 20,2012, in Augusta, Maine. The Petitioner appeared and testified by telephone. The Respondent appeared in person and also testified. Based upon the evidence, which includes the written submissions and the oral testimony of the Parties, the Panel finds as follows:

There were two written fee agreements that governed Respondent's representation of Petitioner. The Panel finds that a reasonable fee for the representation described in Invoice number 20828 is $7,139.10. The panel finds that a reasonable fee for the representation described in Invoice number 20829 is $906.22. The total amount owed by Petitioner to Respondent is $8,045.32.

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 9(j), 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 9(j).

This Award and Determination is in full settlement of all claims submitted to the Arbitration Panel.

Daniel J. Stevens, Esq., Chair

Christopher L. Mann, Esq. Attorney Member

Sandra Hodge, Lay Member