Sarah C. Mitchell, Esq.
Disposition: Award to Petitioner
Issued by: Fee Arbitration Commission
Docket #: 19-384
Dated: April 7, 2021
Bar Number: 009344
On March 9, 2021, the Board of Overseers Fee Arbitration Commission conducted a hearing in the above-captioned matter. The dispute concerned fee issues detailed within Petitioner, Sabrina Velandrys fee Petition. The members of the Commission were Daniel J. Stevens, Esq.; Neil D. Jamieson, Jr., Esq.; and public member Timothy Smith, CPA. The hearing occurred via Zoom videoconferencing. The Petitioner appeared and was represented by Paul Bulger, Esq. The Petitioner testified, presented evidence and cross examined the Respondent. The Respondent also appeared and testified, presented evidence and cross examined the Petitioner. Based upon the evidence admitted, the Commission finds as follows:
Assessing the findings in conjunction with the factors set forth in Rule 1.5 of the Rules of Professional Conduct, the Panel finds that fee charged and collected by Respondent is, in part, unreasonable and that a partial refund of $5,000.00 is appropriate.
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 April 7. 2021.
Daniel J. Stevens, Esq., Panel Chair
Neil D. Jamieson, Jr., Esq., Panel Member
Timothy Smith, CPA, Public Member
Fee Arbitration Commission, Panel 3