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:
AA00008543:00004

Full Text


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THE


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AMERICAN


MIXED

UNITED


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COMMISSIONER

COMMISSION


AND



[ NO.


GERMANY



69


IN THE MATTER OF


FIXING ]
AGENTS
THE "S:


REASONABLE


UNDER


THE


SETTLEMENT


FOR


Al


THORITY OF
WAR CLAIMS


DOCKET NO.


PTORNEYS
SECTION


ACT


10157


John Raum


Claimannt


George A


Nugent,


Attorney


CHANDLER


American


ANDERSON


Commissioner


11.1


- S


CLAIMS

STATES


OISN


FEES


OR
9 OF
1928 "


531 3~




































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


Coamm issioner

(II)


I;iir 59


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THE


AMERICAN


MIXED


CLAIMS


COMMISSIONER

COMMISSION


UNITED


STATES


AND


GERMANY


DECISION NO. 6

IN THE MATTER OF


FIXING


REASONABLE


FEES


FOR


ATTORNEYS


OR


AGENTS


UNDER


THE


AUTHORITY


SECTION


9 OF


THE


"SETTLEMENT


WAR


CLAIMS


ACT


1928


DOCKET NO.


John Raum,n


10157


Claimont


George A.


Nzu~gent~,


Attorney


: The above named claimant has duly filed with the American Comrn


miissiner


~by


a written request


that


a reasonable


paid


him to his attorney, George A. Nugent, of Washington, D.
h~~m .


compensat
oiy'


services


for whatever services


behalf
iing of
E.


and


with


the character


have


been


the authority
described in


rendered by


claimant,


provisions


at-


such
See-


tion 9 of the Settlement of War Claims Act of 1928."


The claimant has objected


the amount of the


asked by :th


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454


In this cases an award was rendered by this Comnission eons N


ber 30, 1929,


on behalf of the claimant


, for $5,175.86,


with


thereon at the rate of five per cent per annum from January


to the date of payment,
of a bank balance, of AM


interest
1, 1920,


which amount represents a debt, consisting
[arks 32,349.10, owing to the claimant, as of


April


, 1917, from the Dresdner


Bank, Nuernberg.


An injunction


suit


,brought


attorney,


prevented


payment


award to the claimant by the


Treasury


Department.


It appears from the information filed by the


parties


and


from


records
National


this


Bank of


claimant, gave


before


this


Commission,


that


Farmingdale,


notice


The


Commission.


on December


Lon
this


matter


Island,


claim
r was


New


referred


1924,
York,


americar
to the


First


on behalf


i Agent
Depart-


ment of State, since the time limit within which claims might be filed


before thi


1925


Commission had expired on


Mr. Hackwitz


attorney.


May 6
*


Cashier of the bank


, 1925,


the attorney


April


1923.


referred
agreed t(


On April 28,
matter to the


hn ndle


the claim


on a twenty-five per cent contingent fee bn


On May


1925


claimant


herein


executed
represent


power


him


attorney


this


case


and


authorizing
on August


attorney


1925


attorney filed a memorial on behalf of the claimant,


with the Depart-


ment of State.
In January,


1929


, the Agent of the United States sent to the claim-


ant Questionnaire Form No. 1, relative to bank account claims.


This


questionnaire was filled out by the claimant without the assistance of


the attorney


answer


In his answer to question 25,


authorized
to question


attorney


herein


claimant


the claimant stated


represent


stated


that


him,


had


that


and


made


agreement


other


in writing
^^


agent, the


as to


compensation


compensation,


should


although


n-n*:'


"through


claim."


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455


It appears from the records of this Commission that the attorney
subsequently corresponded with the American Agency with respect
to this claim. The claim was not contested by the German Agent.
On July 31, 1929, the claimant executed waivers, which were filed
with the American Agency, on August 22, 1929; and thereafter, on
November 30, 1929, as already stated, an award was rendered on
behalf of the claimant.
With respect to the amount of compensation, it appears that in
December, 1929, the attorney telegraphed the claimant that he was
willing to adjust his fee for services to twenty per cent, and that
otherwise he would be compelled to enjoin the Treasury Department
from making payment of the award. On January 9, 1930, the attor-
ney wrote the claimant suggesting that a portion of the award be
deposited in escrow pending the fixing of the attorney's fees by the
American Commissioner. The claimant declined to agree to this
arrangement.
The record in this case shows that the claimant understood that
the attorney's compensation in this case originally was to be on a
25% contingent fee basis, and that in his employment of the attorney


herein


claimant


received


advice


banker.


Moreover,


banker


approved


employment of the


attorney


on the


basi


of a 25% contingent fee,


which fee


the attorney subsequently offered


to reduce to a 20%


basis.


The claimant


, having sought the advice of hi


banker, and having


acted in accordance


with such


advice


in making a


fee agreement in


this case, must


regarded


as fully


capable


protecting


own


interests.
general


pointed


Administrative


American


and


Jurisdictional


Commissioner


Decision


September


1928


and


as held


him


in a number


previous


deci


sons,


where claimants are entirely competent to look after their own inter-


i' P I a-


j~1 j1 Al -.







456


provided therein, as later reduced by


attorney, is


reasonable,


within


meaning


of the


Report of


Senate


Committee


Finance, recommending this fee fixing legislation to the Senate.
Now, therefore, in view of the considerations above set forth,


and


those


stated


in the


general


Administrative


and


Jurisdictional


Decision and in Admninistrative Decision No. II


rendered


by the


American


August 30,


Commissioner


1930,


under


respectively


dates of


and


after


September


careful


1928,


examination


and
and


full consideration of the information


furnished in


this proceeding


by the attorney and the claimant, and by the records of this Commis-


sion, pertinent to the questions involved


and after due deliberation


thereon,


The American Commissioner decides and lfi


as the reasonable


fee to be paid


the claimant


John


Rn tim,


his said


attorney,


George A.


Nugent, in this case, a sum equal to twenty per cent (20


of the amount to


received


the claimant


from


Treasury


Department in payment of this award, 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


n Section 9 of the Settlement


of War Claims Act of


1928."


Done at Washington, D.


., this 3d day of September, 1930.


CHANDLER P


. ANDERSON,


A merican Conzm missioner,
Mixed Cloaimw Commission,
United States and Germany.


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