Decision no. ... in the matter of fixing reasonable fees for attorneys or agents under the authority of Section 9 of the...

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Material Information

Title:
Decision no. ... in the matter of fixing reasonable fees for attorneys or agents under the authority of Section 9 of the "Settlement of War Claims Act of 1928."
At head of title:
American Commissioner
Physical Description:
v. : ; 23 cm.
Language:
English
Creator:
Mixed Claims Commission, United States and Germany
Publisher:
U.S. G.P.O.
Place of Publication:
Washington, D.C
Publication Date:
Frequency:
completely irregular

Subjects

Subjects / Keywords:
World War, 1914-1918 -- Claims -- Periodicals   ( lcsh )
Claims vs. Germany -- Periodicals -- United States   ( lcsh )
Genre:
serial   ( sobekcm )

Notes

Dates or Sequential Designation:
No. 1 -
General Note:
Title from cover.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004822591
oclc - 50038280
System ID:
AA00008543:00001

Full Text


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THE


FIXING


AGENTS
THE "S]


I.
alowu


UNDER


THE


alle


;ge


Arit/znI


COMMISSIONER


COMMISSION


AND


GERMANY


NO.


IN THE MATTER OF


FEES


FOR


AUTHORITY


ATTORNEYS


SECTION


ACT


CLAIMS


OR


9 OF
1928 "


)939



aimant
, Attorney


NO.


hondoirf, Ci
.r McGowan


ANDERSON


AMERICAN


MIXED


UNITED


CLAIMS


STATES


DECISION


REASONABLE


SETTLEMENT


WAR


DOCKET


CHANDLER P


A me ianm Commissioner


































MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


Established in


pursuance


the Agreement


between the


United States and


Germany


of August 10, 1922


CHANDLER P


ANDERSON


American Commissioner

(n)


C.r
SCat
be


r i
e.-* I'


LI1li(P.+l




s.Ia ..::


THE


MIXED

UNITED


c


CLAIMS


COMMISSIONER

COMMISSION


AMERICAN


STATESS AND



DECISION NO.


GERMANY


IN THE


FIXING I
AGENTS
THE SI


REA


ONABLE


UNDER


THE


SETTLEMENT


F'


MATTER

EES


FOR


AUTHORITY


WAR


CLAIMS


ATTORNEYS


SECTION


ART


OR
9 OF


1928 "


DOCKET NO.


9n9


Marie


cihondorff


('ia/rn


ewz8!


Arthur


MVc Gowlan


, Attorney


The above named claimant ha


mnissioner a


written


request


attorney


duly filed


that


Lewis


Arthur


with the American


a reasonable
McGowan, (


Coin-
paid


Washington,


., as compensation


for whatever services


have


been


rendered


the attorney on behalf of and with the authority


of the claimant


such


services bein


9 of the


of the character described in the provisions of Section


" Settlement of War Claims Act of 192


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444


this


February
$4,640.00


case
20,


with


award


1930,


was


on behalf


interest


thereon


rendered


this


claimant


rate


Commission


amount
percent


five


annum from January


1, 1920, to the date of payment,


represents a debt consisting of a bank balance of Mark


which amount
s 29,000 owing


claimant


as of


April


1917


after


appropriate


debits


and


credits to July 2,


1921, from the Commerz-und-Privat-Bank,


Altona


Branch.
Treasury


The


total


amount


Department in


appears


from


received


payment of


information


the records of this Commission that on


claimant


this award


filed


February


from


was $7,194.87o


parties


and


1925


from
John


Gehrs


on behalf


claim nt


wrote


Commission


with


reference


a claim


against


G;erma~ny


. Gehrs


was


formed that the time limit within


this Commission had


expired on April


which claims might be


, 1923


, and


filed


that


before
matter


was being referred


to the Department


State.


Thereafter


, dur


1925,


Jersey


1926,


and


1927,


Congressman


on behalf of the claimant


wrote


Auf


Heide


the Department


New
State


with reference to this claim.


May


1925,


the claimant to


attorney


the effect that he


with reference to the recovery of


herein


was


addressed
prepared


a circular


furn


claims against Germany


letter


ish advice
on behalf


American


conferred


citizens.


with


The


claimant


attorney
in New


states
York


that
City


in May


with


1925.


reference


her claim and that on May 21, 1926,


wrote


him


requesting


advice


with


reference


matter


and


inquiring


whether


would


willing to handle the case on a 50


continue


nt fee basis.


On January


S1927, claimant sent


to the


attorney


certain


papers


in connection


with her claim, and requested


himn


proceed


with


same


, and on January


,1927, the attorney


replied,


stating


that


,X




*A' '?#%
'.


445


in support of


the cl
claim.


aimant


Thi


January


her attention


answered


Commission
sometime be
contract of


cause


E the


her claim.
requesting


letter
1929.


also
the


On November


enclose
attorney


furnish
d a co
again


his letter of November


and


tating


that


"your


consideration


?tween


January


employment


fact


that


25
at.
was


1928


evidence


ntract
wrote


1928
will


claim


soon."


and


The


February


. McGowan's


about


attorney wrote


in support


of emr
the cl
, which
come


iployment.


laimant
&h had


claimant


1929


a be
sta
he


insistence "


Europe


be


, calling
not been
fore the
tes that
signed a
and be-
hcause of


death


sister


This


contract,


which


is dated


January


1929


, provides


a contingent


twenty-five


cent


amount recovered after all expenses have


been deducted.


On January


, 1929, the Agent of the


United


State


sent


claimant Form No.


relative


bank


account claims,


and(


directed


the claimant to


return


three copies


within


thirty


days


from


ceipt thereof.


This questionnaire was filled out by the claimant and


executed on February 5,


claimant


stated


1929.


that


In her answers to question


had


authorized


attorney


25 and
herein


represent her and


had agreed


P *'"'


him as


compensation


"25


whole claim


council


fee beside.


February


1929


, the


date


when


questionnaire


was


filed


with the American Agency


information as to the


Con


resslnan Auf


status of thi


claim, asked


Heide in request-


to be advised as


" regulation


torney's f
informed
Act. of 192


ees.:
that


On
under


with


respect


February


section


payment


1929


and


. Auf


" Settlement


8," the American Commissioner wa


extent


Heii


War


de was
Claims


given jurisdiction with


respect to attorney
i &


, June


On January


and


July


1929


1929


, April 1,
attorney


1929, May
addressed


1 1 A *


f the






446


in a number of conferences between the representatives of the Ameri-


can and


German Agencies in an endeavor to increase the amount to


be awarded in this case.


On October 31, 1929 the attorney informed


American


make


Agency


an investigation


that


in this


was
case


going


and


Germany


would


and


endeavor


would
obtain


some evidence which would be beneficial to the claimant.


It does not


appear that this trip


was made


with


authority
a.


cia itnantl


or that the attorney filed any additional


evidence which


affected


amount
credit i


awal


in obtaining


Marks 29,000


from


rd. The attor
on December
the German A


ney,


however


1929


,gent


is entitled
increased


December


some


offer
1929.


accordance with this increased offer


, an agreed statement was prepared


and


claim


subsequently


an award


was


obtain<


was


made


submitted
i and filed
on behalf


On April 7, 1930, the check in


Ther


waivers
of the
paymel


and


attorney


on February 20,


claimant


nt


as already


of the award


1930,
tated.


in this case


was transmitted by the
of the attorney. The c


Treasury


Department


to the claimant in care


laimant immediately requested the attorney to


send her


a bill


the attorney sent the


ton b
the I
check


anks


with


loboken


only


Wil


Treasury


a draft attached


Bank


upon


Savings,


payment


thout complnlying
epa rtment check
thereto in his i


with


of the draft.


with


this


request,


Washing-


Favor


nst ruct.ions


April


9$2,40-


deliver


, Maya


) to
the
and


May 9, claimant'


counsel requested the attorney to furnish them with


itemized


statement


disbursements.


This


attorney


failed to do; whereupon the claimant induced the Hoboken Bank for


Savings,
deliver 1
attorney


after


inform


giving


Treasury <
ed counsel


indemnity,


check.


isregard


July


claimant


, 1930,


that


draft


counsel


attor


anc
for
ney


I to
the
was


willing to settle the matter on a basi


of payment of $2,000.


Settle-


.,tS ar '


I'
.,,,,,A,
>1


Commissioll.


^


thlollgh







I!I

I


447


not authorized by the claimant.


In fixing a fee for services in this


case, the American Commissioner does not consider the question of


disbursements,


which remains for the attorney and the claimant to


establish and settle by direct relations.
The claimant suggests a fee of $500.


holds that this amount is too small,


The American Commissioner


when consideration is given to


the fact that as a result of substantial work done by the attorney an


increased award was rendered in this claim.


It is proper to note that


in so far as "late claims," including this claim, are concerned, one


element of


uncertainty as


to the


payment of


contingent


fees


was


eliminated by the previous passage of the Settlement of War Claims
Act of 1928," providing for the prompt payment in full of all awards
under $100,000.
Now, therefore, in view of the considerations above set forth and


of those


stated


general


Administrative


and


Jurisdictional


Decision and


in Administrative


Decision


II, rendered


by the


American


Commissioner


under


dates


September


1928,


and


August 30, 1930, respectively, and after careful examination and full
consideration of the information furnished by the attorney and the
claimant in this proceeding, and by the records of this Commission,


pertinent
thereon.


questions


involved,


and


after


deliberation


The American


Commissioner decides and fixes as the reasonable


tee to be paid by the claimant,


Marie Schondorff, to her said attorney,


Lewis Arthur


McGowan, in this case,


the sum of Eight Hundred


dollars ($800), the said fee to be paid by the claimant and received
by the attorney as full compensation for all services rendered in the
prosecution and collection of this claim, as defined in Section 9 of
the Settlement of War Claims Act of 1928."


Done at Washington, D. C.,


this 3d day of September, 1930.





UNIVERSITY OF FLORIDA

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