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:
AA00008543:00005

Full Text




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THE


CLAIMS


STATES


DECISION


COMMISSIONER


COMMISSION


AND


GERMANY


NO.


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IN THE


REASONABLE


AGENTS


THE


UNDER


Mrs. Matild


MATTER


FEES


FOR


AUTHORITY


" SETTLEMENT OF WAR


NO.


ATTORNEYS


SECTION


CLAIMS ACT OF 1928"


12252


Petersen, Trustee for her


Minor


Petersen, Claimant


John D. Costello and George A.


Nugent, Attorneys


AMERICAN


MIXED


UNITED


-

IC


THE


OR


9 OF


DOCKET


Louise C


Daughter,


CHANDLER P


ANDERSON


American Commissioner


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MIXED *j1 COM J*IONI


UNITED


STATES AND GERMANY


Established In pursuance or (he agemeat betwe tih

ed S4ta anted Gersany of August 10, 1




OCANDE R P. WSON
Amterica CommisSuoner


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THE


AMERICAN


MIXED


CLAIMS


COMMISSIONER

i COMMISSION


UNITED


STATES


AND


GERMANY


DECISION NO.


IN THE MATTER OF


FIXING


REASONABLE


FEES


FOR


ATTORNEYS


OR


AGENTS


THE


UNDER


THE


" SETTLEMENT


AUTHORITY


wT;L R


SECTION


CLAIMS


ACT


9 OF
1928 "


DOCKET NO.


12252


Mrs. AMatilde E. Petersen


Twustee


he'. minor daughter, Louise C


Petersen,


Claim ant


Jo/tn D. Co tello and George A. Nujyent, Attorneys


The above named claimant has duly filed with the American Con


missioner


to her


written


request


that


attorneys, John


fix a


Costello,


reasonable
of San


Francisco,,


pal
Cal:


-S"
aI-"


fornia,


and


George


N ucre ift.


of Washington, D.


C., as compensa


tion


whatever,


services


iiave


been


rendered


attorneys


behalf of and


with the authority of the claimant,


uch service


being







458


singer, as showing the reasonableness of the


fee asked


which


infor-


nation has


been brought to


the attention


of the


claimant,


who


filed an affidavit in reply, copies of whih have


beei


transmitted


the attorneys.


In this case an award was rendered by this Commission


on March


29, 1930, on behalf of the claimant,


at the rate of five per cent per annum


for $9,585.54


with interest thereon


from January 21


to the


date of payment, which amount represents the depreciation,


valorized


American


money,


in the


value


an estate


in Germany
U'


which


claimant inherited and became entitled


to during the


she was prevented from receiving on account of


war


war and which
legislation pro-


hibiting the removal of funds.


Payment of thi


award has not a


been made by the


Treasury


Department.


appears
records c


from


this


information


Commission


that


filed


part ie


on May
*


1928


and


from


claimant


consulted


Mr.


Costello


1928, notice of the claim


with


reference


was given


claim.


Departme


May
State


Mr. Nugent.


On May 26, 1928,


claimant executed a


power of


attor-


ney


authorizing


attorneys


represent


in connection


with


her claim.


On January 25, 1929,


American


Agency


before


Commis-


sion


wrote


claimant,


in care


Mr.


Nugent,
I-It


concerning this


claim,


enclosing four


copies of


Questionnaire


Form


, relative


estate


claims.


February


, 1929


. Mr.


Costello


wrote


claimant to the effect that her claim


was before the Comm


on and


was


progressing


satisfactorily.


letter


suggested


a contingent


twenty-five


cent.


Febr


uIa r~'


, 1929


. the


claimant


replied,


stating that she considered


" th


percentage of


rather high in my particular case


especially


due to the fact that the


estate, left


by my


in, ~ + -a St


late husband
a 1I~ WA n


[, ha


become
.... I!


so depreciated


. -. .. c..


a


that


the
-alT


.J.
E:BE~E ~ ~ U.
.d,~";AB


; "


,ri r







459


neys is contingent."


On April 23,


was filed with the American Agency 1


It appears that on May


1929, the statement of the claim
by Mr. Nugent.


14, 1929, in answer to an inquiry from Mr.


Crum


(who


was


associated


with


Mr.


Costello),


claimant


wrote


that "regarding the matter of the payment for Mr.


Costello'


services,


I should
awarded


fixing


pleased


me in this
e attorneys


Mr.


case."
S


.-


Costello


May


compensation


will
31.


accept
1929. a


a 20


any


written


sum


reement


contigent


basis


was executed


by the parties.


The


tain
The


American


specified
Answer


59.537.152


(18.1


cts) l
with


Agency


had


evidence


the
rate


less the


German


value


appropriate


requested


was


done


Ageni


exchange
of said


interest


e


Nugent


on July


t admitted
prevailing


3 and
liability


furnish


July
for


on January


amount as of January


from January


1918


10, 7
but


cer-
1929.


"Marks


1918


1920


denied


liability with


respect to


;hares in


real,


property which


were sold by


the executor on December 23


, 1920, for a total of Marks


13,209.45,


the ground that on that date exceptional war measures were no longer
in force.
On January 14, 1930, Mr. Nugent informed the American Agency


that


"the offer of settlement


proposed


by the


German


Agent


is en-


tirely


acceptable.


The


claimant,


upon


being


informed


amount of the award


stated that she wa


"very much delighted


with


the award and especially so that it will be


paid soon.


On January


29, 1930, Mr.
Nugent, oul
it you will n


Costello


lining the


ote the


very


sent the claimant a copy


basi


of the award."


favorable


of a letter


and station


basis of settlement


from Mr.


g that from
we were able


effect


in your


behalf.


The


usual


basis


settlement i


n estate


cases
cents.


is 12.2
This


nrineinal


,n'


cent


resulted
'd intprpn


it your claim was settled on a basis c
in an increase in the amount due you of $3


4-,,


* '


- t Sri


FePhriinrv


1930


thp


.8


elajinanil


16.1
10.40
t. re-


bi


.


Sf.-





^^"smtstmm:s P~"$l~^~~~


460

Cello suggest an amendment of the fee agreement


" to prove


for the expense to


which I was subjected


having gone to


ington," stating that the trip "resu ted in prompt action and


crease of nearly $4,000 in the amount of the award."


The


refused to agree to this amendment.


Mr.
award


Treasury


Costello


forward


claimant,


Department.


an application


and t
It was


his


was


subsequently
1 -1y1


found necessary to


appointed; and the expense thereof was assumed by


The


record


this


case


shows


quested a contingent fee of 25%


that the claimant, in


turn, suggested


that


payment


file


have


1 w
agi$


Mr. Cost


attorneys


of the amount to be recover


that


the attorneys'


tion should be upon a 20% contingent fee basis.


co~


As pointed


the American Commissioner in his general Administrative and


dictional Decision


number <
petent to


previous


September 28,


decisions,


where


1928, and as
e claimants


held
are


look after their own interests in making a


hi


Bntirel


fee agr


with their attorneys, it was not contemplated by Congress in


izing


American


proceedings that he


Commissioner


would


reasonable


disregard an agreement


fees


thus


reac


the claimants and their attorneys.


The American


presented
plaintiff


in this c
in looking


Commissioner accordingly


ase


and


after


judging


interests


holds that, on


the a
in the


claim, the claimant must be regarded as fully
her own interests when she agreed upon the cc
her agreement with the attorneys, and that the
is reasonable, within the meaning of the Repor


ability


shown


presentation
capable of pro
ntingent fee f
fee provided
t of the Senat


mittee on


Finance, recommending this


fixing


legislation


Senate.


-r A


Wash-




of the



ello.
first re
ed, and
apensa-
out by
I Juris-
m in a
y corn-
eeement
author-
Sthose
hed by

te facts
by the
of this
Ctecit g
ixed in
therein
e Com-







461


The American


Commissioner


decides


and


fixes


as the


reasonable


paid


claimant


Mrs.


Matilde


Petersen,


Trustee


her minor daughter, Louise C.


Petersen, to


her attorneys,


John


Costello and George A.


Nugent, in


this case


fee fixed


agreement with them, namely, a sum equal to twenty per cent


in her
(20%)


amount


Department


received


in payment


claimant


award,


from


said


Treasury


paid


claimant


claim,


and


services r
as defined


received


endered
in Secti


in the i
on 9 of


e attorneys
prosecutionn


as full


and


" Settlement


compensation


collection


Wa r


this


Claims


Act of 1928."


Done at


Washington, D.


* this 3d day of September, 1930.


CHANDLER P


A merican


. ANDERSON,


Commissioner,


Mixed


Claims


Commission,


United States and Germany.


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