Hil Rizvi M.D. v. Mark V. Franco, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC#15-183

Dated: October 2, 2015

Bar Number: 002967

A hearing in the above matter was held on September 22, 2015, in Portland, Maine before 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. The members of this Panel were Chair Michael H. Ayotte, Esq.; Susan E. Driscoll, Esq.; and public member Lori M. Pelletier.

The Petitioner did not appear for the hearing, did not request to participate by telephone, and did not request a continuance. The Respondent appeared and filed written submissions. The Panel considered the Petitioner's written submissions and the Respondent?s written submissions and sworn testimony. Based upon the evidence introduced, the Panel finds as follows:

Measuring the findings with the factors set forth in Rules 1.5 of the Rules of Professional Conduct, the Panel finds that Petitioner did not carry his burden to show that Attorney Franco's fees and costs are unreasonable.

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 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).

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

The Panel by and through the undersigned subscribe to this award on October 2, 2015.

Michael H. Ayotte, Esq.
Chair, Panel 1A
Fee Arbitration Commission