Gisele O. Caisse v. Richard S. Berne, Esq.
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Disposition: Award to Respondent
Issued by: Fee Arbitration Commission
Docket #: FAC#16-180
Dated: December 13, 2016
Bar Number: 007450
A duly authorized Fee Arbitration Panel of the Fee Arbitration Commission of the Board of Overseers of the Bar, chaired by the undersigned, was designated to hear the controversy existing between the above-named parties as set forth in the Petitioner's Petition, A hearing on the Petition was held on November 17, 2016, at Portland, Maine. Both parties provided prehearing written submissions to the Panel. The Petitioner did not attend or participate in the hearing. The Respondent attended and gave testimony. Based on the evidence introduced by the parties, the Panel unanimously finds as follows:
The Petitioner's claim for a refund of fees is denied.
In order to preserve the confidentiality of the written materials and the testimony submitted at the hearing, the Panel's findings and conclusions are not set forth in this Award and Determination. The Award and Determination is accompanied, however, by a separate supplemental document that sets forth the Panel's findings and conclusions. By ruling of the Panel 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(f)(1), 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 Arbitration Panel. The Panel members have authorized the Panel Chair to sign this Award and Determination on their behalf.
The undersigned has subscribed to this award on December 13, 2016.
Daniel J. Mitchell, Esq.
Panel 1B Chair
Fee Arbitration Commission
