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:
AA00008543:00003

Full Text
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JOB


MIXED

UNITED


v'-


COMMISSIONER

COMMISSION


AND


DECISION NO.


GERMANY




68


IN THE MATTER OF


'IXING
AGENTS


FEES FOR
AUTHORITY


ATTORNEYS


SECTION


OR
9 OF


THE


" SETTLEMENT


WAR


CLAIMS


ACT


1928 "


DOCKET NO.


Williamn


13314


Verwey, Claimant


Lewis


Arthwr


McGowaob, Attorney


CHANDLER

Ame rcan


ANDERSON


Commissioner


THE


AMERICAN


CLAIMS

STATES


REASONABLE
j UNDER THE





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MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


Established in


pursuance of the Agreement


between


United States and


Germany


of August 10,


1922


CHANDLER
American


ANDERSON


Commissioner


Vi"


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FIXING
AGEN'


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TS


AMERICAN


MIXED

UNITED


(


CLAIMS

STATES


DECISION


IN THE

REASONABLE F


UNDER


THE


" SETTLEMENT


MA


i.EES


COMMISSIONER

COMMISSION


AND


NO.

TIER C


FOR


AUTHORITY


WAR


CLAIMS


GERMANY


ATTORNEYS


SECTION


ACT


OR
9 OF
1928"


DOCKET


NO.


13314


William T

Lewis Arthur


erwey, Claimanmt

McGowan., Attorney


The above
Commissioner
paid by him t


named
a writt


claimant ]
en request


has d
that


his attorney, Lewi


luly
he


Art.hur


filed


with


American


a reasonable


McGowan, of Washing-


ton, D.


, as compensation for whatever services have been rendered


by the attorney on behalf of and


with the authority of the claimant,


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450


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brought


to the


attention


claimant,


who


has filed a statement in reply.


this


case,


award


was


rendered


this


Commission


February 20, 1930, on behalf


the claimant,


for $1,016.00 with


interest thereon at the rate of five per cent per annum from Janu-


1, 1920, to the date of


payment,


which


amount


represents


bank balance of Marks 6350 owing to the claimant, as of April 6,


1917, from the Bayerischi


Vereinsbank, Muenchen.


An injunction


suit brought


by the


attorney


prevented


payment


award to the claimant by the


Treasury Department.


It appears from


information filed


by the


parties and from


the records of this Commission that on October 23, 1926, the attorney
gave notice of this claim to the Department of State. The attorney


was informed


that


time


limit


within


which


claims


might


presented to this Commission had expired on April 9, 1923.


There-


after from time to time the attorney wrote to the Department of
State with reference to this claim.
On February 4, 1929, the Agent of the United States sent to the
claimant three sets of questionnaires, applicable to his claims. On


March


1929,


claimant


requested


American


Agency


furnish him with a set of questionnaire form No. 1, relative to bank


account claims.
by the claimant


On March 16, 1929, this questionnaire was filled out


without.


assistance


attorney.


answer to question 25, the claimant stated that he had authorized


the attorney


herein


represent him.


No mention


was made, in


answer to question 26, of an agreement relative to compensation. On
June 5, 1929, the attorney was advised that this case was apparently
complete and had been docketed with the Commission for considera-


tjon.


On December


10, 1929, the Answer of the German Agent was


filed, admitting liability in the amount of $1,016.00 and interest, but


attorney has been




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451


.' With respect to the amount of compensation, it appears that the
claimant has already paid the attorney $65 and that the attorney is
requesting an additional fee for services, amounting to 20% of the
amount recovered, in accordance with an alleged oral agreement be-
tween himself and the claimant's wife entered into on September 16,


1926.


It appears from the attorney'


ever, dated September 21,


letter to the claimant, how-


1926, that the payment of $65


was "to


cover the cost of preparing the proof in support of these claims."


Accordingly,


determining


attorney


compensation


this


case, the claimant should be credited with this payment.


The claim-


ant's contention that no agreement as to compensation was made finds
support in his answer to question 26, particularly since it appears


that on November


1928, the attorney


unsuccessfully


sought to


obtain a written fee agreement upon a


25%


contingent fee basis.


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,


August 30, 1930,


under dates of


respectively, and


September


after careful


1928, and


examination


and.


full consideration of the information furnished in this proceeding
by the attorney and the claimant, and by the records of this Com-
mission pertinent to the questions involved, and after due delibera-
tion thereon,
The American Commissioner decides and fixes as the reasonable


fee to be paid by the claimant, William


Verwey, to his said attorney


Lewis Arthur McGowan, in this case, the sum of One Hundred and
Fifty dollars ($150.00), in addition to the $65 already paid, 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 col-
lection of this claim, as defined in Section 9 of the Settlement of




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