Paul Sumberg, Esq.
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Disposition: Award to Respondent
Issued by: Fee Arbitration Commission
Docket #: FAC #14-134
Dated: July 17, 2014
Bar Number: 007230
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 on July 17, 2014, at Bangor, Maine. The Petitioner was present. The Respondent did appear. Based upon the evidence introduced, the Panel finds as follows:
That the reasonable fee, plus costs for this matter is $13,151.30. Petitioner has paid $13,151.30 to date.
Measuring the foregoing findings with the factors set forth in Rule 1.5 of the Rules of Professional Conduct, the Panel finds that Respondent has carried his burden to show that the fees and costs charged to Petitioner are reasonable. Therefore, Petitioner's request for refund of 75% of the fees and costs paid is DENIED.
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.
Edmond J. Bearor, Esq., Panel Chair
Brett D. Baber, Esq., Panel Member
Timothy Smith, Panel Member