Richard J. Mladek v. Jens-Peter W. Bergen, Esq.
Download Download Decision (PDF)
Disposition: Award to Respondent
Issued by: Fee Arbitration Commission
Docket #: FAC# 18-287
Dated: December 27, 2018
Bar Number: 003930
A hearing in this matter was held on December 17, 2018, in Biddeford, 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 parties as set forth in the Petitioner's Petition. The members of this Panel were Chair Thomas P. Elias, Esq., Neil D. Jamieson Jr., Esq., and public member Philip D. Fearon. The Petitioner and the Respondent each appeared pro se and testified. Based upon the prior submitted documentary evidence and the testimonial evidence introduced at the hearing, 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 has not carried his burden to show that Respondent's legal fees are unreasonable. The Panel finds that the total amount of reasonable fees for the services rendered by the Respondent is $9,236.00, and that the total amount paid by the Petitioner to the Respondent is $1,970.00. Therefore, the Petitioner owes the Respondent the sum of $7,266.00.
In order to preserve the confidentiality of the documentary and testimonial evidence, the findings of fact and conclusions are not set forth in the Award and Determination. This Award and Determination is accompanied, however, by a Confidential Addendum that sets forth the findings of facts and conclusions of the Panel. By ruling of the Chair, the Confidential Addendum shall not be considered part of the award, which is a public document. In accordance with Maine Bar Rule 7(h), the Confidential Addendum 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 undersigned has subscribed to this award on December 27, 2018.
Thomas P. Elias, Esq.
Acting Chair, Panel 1A
Fee Arbitration Commission
