Carol Ann Sawyer v. Richard Golden, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC-14-113

Dated: July 28, 2014

Bar Number: 000253

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. A hearing was held July 17, 2014, at Augusta, Maine. Both the Petitioner (with counsel, Stephean C. Chute, Esq.) and Respondent filed written submissions, appeared and testified. Based upon the testimony and evidence introduced, the Panel finds as follows:

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  1. That the reasonable fee, plus costs for this matter IS $19,93R.90. Petitioner has paid $11.910.00 to date.
  2. Measuring the foregoing findings with the factors set forth in Rules 1.5 of the Rules of Professional Conduct, the Panel finds that Respondent has carried his burden to show the fees and costs charged to Petitioner are reasonable. Therefore, Petitioner owes Respondent $8,028.90.

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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).

The Award and Determination IS In full settlement of all claims submitted to the Arbitration Panel.

IN WITNESS WHEREOF. the undersigned have subscribed to this award July 28, 2014.

Christopher L. Mann, Esq., Panel Chair
Michael J. Levey, Esq., Panel Member
Cathy DeMerchant, Panel Member