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

MISSING IMAGE

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:
AA00008543:00014

Full Text
















CC
:~ s. I +











+ *



II
,,-4":.T. D C SONO.,
," i
."'. I

ERIE TAUCOMMISSIONER
.* ,- ,,*

~.- ., .


ThMIXED CLAIMS COMMISSION.
: .", ,


ITED STATES AND GERM Y











.

















1 1..I
0. aw n aoron

















:*' .. h :.
*:; .? .. ... : f 2 ,*" 1 #
,n," I





"1 CHNDE P. ANES ON 9 ES







,,, ,,,,,,,n-
)-- :; : -. : ,.. ; : s 4. .. ;

















....* .**.
I "* :





... .. .










1.."............... ,,1
: ; : .. *t*:. -

SAO ,A BL .o E, E. ',,,FOR ,ATTORNEYS O '

.,.. .. ... UNDER THE AUTHORITY OF SECTION 9 OF






*i :. *. : .
:, : "" -: ".














i' ,a .. = -- --.=
." *; ps:~-..;. :. .PT.O O*W:*
*," ,,. .
; ,; : *. ..


.,* -i : :: .. -:-.
*i* I f.*"': : "*
:: : "
..I ,,,




.,. i
.Joio'A,,irm s Cyol e orke, ,&'man


.'C Bacat iok an Hal e & Dorr, ItAttoreye-.



.i.," / .,, I ,I
S i I ,, i ",
g ,, : *
.'.: M "i" ."...
.. ." .

CHA1D.E R B P ANDERSON:"




:~~ :. +" "tr~cfa /f.,m8 ,so' ci::Uli,
i. .,,. ~1 : i. .


% : : ": : ,, ,, :'
I ." I i "I i .



iW I i ,
*: .r ...- -.
: :r **1 .**4 : { .
: :ur ** :::*....:*:.......*....s..-* .,,*.... -, 4. 4 *= .
S..I. .. :. '. ; r *. .
x: d 4 : ** mmm a mmm mm me a a a a a a a a a a a a a m




k.i:~d
E
li.
:
f~l


.;.t.


.,:j .u!:m

. .,.
,1

Ilk,
Hi. .
-t ,'.




4..

.1:.
4':

'I.:

S. i.
-C..:


:IL:
.1*
II...
IH*
*14i
:Ii I :


p). .' .i: I.
.I:
T .


MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY
i ..~lh "


Established in
C


pursuance of the Agreement


United States and


Germany


between


of August 10, 1922


CHANDLER


.1l
.L*'i

::i ..:


ANDERSON


American Commissioner


I.


.,....ll




i. 1


.r

1!:

K.
*i I
4I:.HH ..I
Y xii
S


l.^" .*U *


1


.:I


I :j














..4
":. .i" '
I *.


: ": .
L .

*' .: *. ."




i': : i :. :: *-
i .


H .-
:: .. *
qA :iL"M:
.K ".. .

I ju *Ci. l **:*
xili : ; :
i.. ',.


HE


CLAIMS


STATES


DECISION


AND


NO.


IN THE MATTER OF


....NTS


iH


I.
*I.
I...
.4 'kEUIII*.


REASONABLE


UNDER


THE


".SETTLEMENT


FOR


AUTHORITY


WAR


ATTORNEYS


CLAIMS


SECTION


ACT


7060


l :Iver Johr4
* .
" .... .. .. *
.1 *.. ... *
..! *. .: .
:....* .. :. A an .


H: a.bove-named


Wo~tS


Arms


Cyole


Wemics,


Clanant


i a written request
.its attorneys, Allan


that


he fix


a reasonable


paid


and Hale & Dorr, of Bos-


Hii~-i":i


IL:!..,


HlC .lr.
-.1
*4Ll


I H H .


*ed


sachusetts,


by these attorneys on behalf of and with the authority


*claimant, such services being of the character described in the


* at -


alt


C n4.: a


fl ^4S


W e -M


AM.


.55..-? ****.II ESI' *II *.E*S r.a..sY..aI. *01111 *n -w' -U *ll **S***l


with


whom


Professor


George


Grafton


Wilson


AMERICAN


MIXED


UNITED


COMMISSIONER


COMMISSION


GERMANY


FEES


9 OF
1928"


DOCKET NO.


Buttrik cand Hale & Dorrn Attorneys


claimant has duly filed with the American Corn-


G. Buttrick


i in this case, as compensation for whatever services have


ender


P1 :~H cl


LC Qccl,,,,~


i


I





306


the information


missioner


which


as showing t


which information ha


which


filed


an af


they


he


desire to


have


reasonableness of


considered


by the


hr


.1,
*.. i*. .i


S '*i.
*: ... z lbix.:.-.
*~ I ..i


a -- s..t aa s.sa a .JhJ-- -- .J ~' -. '
been brought to the attention of the claim .
idavit in reply, a copy of 'which has bI


transmitted to the attorneys.


In this case an award on


behalf of the claimant


was rendered by
V- m^


this


Commission


thereon at the


August


1926,


rate of five per cent per


for


$,o037.20,


annum


with


from April


inteteqL
6, 191


to the date of payment.


The total amount received by the claimant


from the Treasury
of this award was


Department on or about July 5,


1928, in payment


$9,467.30.


The attorneys herein request as compensation for their services aC


amount
divided
George


equal


among
Grafton


> forty
Allan (
Wilson


cent


Buttrick


as they


shall


amount


Hale


recovered,


Dorr,


"to


and


determine."


The facts out of which this claim arose are tated in the petkin


filed


with the Department of State by the attorneys herein, Hale &


Dorr, on behalf of the claimant.


It appears that prior to the decla-


ration of war between England and. Germany the agnt
ant herein for the British Isles and Europe was the Peters Arms Co,


of Hamburg,


Germany, and


the latter


agent for the


British Isles


was the London firm of Martin Pulverman & Co.


Goods shipped by


the claimant herein


on consignm


turned over to the English firm,


lent to its agent at Hamburg were :
which, following the declaration


war, made a return to the Public Trustee in England of this propti ty


and the proceed


of the sale of a part thereof as enemy p'rope tcy, tibt


is, property of the German company.


In 1916 the English fitm r-


fused to pay over the proceeds and the unsold portion
ant herein, and the latter thereafter obtained an ord<


II


money and property in the Public Custodian.


petition


to the dlaiih
ar voting te


In 1920, the clainmi


ted for a release of the cash vested in the Custodian by tt..i.


.1b
V:I


I


1n_1_


n


aebP~








Siof Versailles,


, Section 3, Articla 21


ama


Saose, for. the claimant herein would be, to cla tbhrqu. .ug its
g~ t^Vr <*-* *. n .. t ... SW


ement against. the German company, and it would they be


s;' Zr..:


the German


company


claim


through


Government


:Ile English firm.
|jriears from the affidavits filed in thi


PARUB'~


Attorney


;vces to the
i successfulfu'
"|eI s, from the
TSltevenson, Ha
ted the matt
$*. the above-n


Ifpt.aimant
a l i.
der w.hi

mission.
I' 1,'.......* *


uunR.*. .:. .: ":


herein, Mr.


,laimant.


Buttrick, had


proceeding that prior ti
rendered miscellaneous


Among the matters which he handled


attempt to accomplish the collection of the in-


Public


Trustee and Public Custodian


,rwood & Co


:er.


of London


in Eng-


were the solicitors who


Mr. Buttrick states that he has already beei


mentioned services.


and Mr


.ch


Buttrick,


however,


the latter was employed to


not agree


present


upon


the claim to


Buttrick states in his affidavit:


i 1922 I advised the claimant that there was apparently some chance


prosecuting this


S"^ i^.1 *i1;
WL^ sid
yH~yC fUcj


claim


before


the Mixed


Claims


Commission,


i*tt2.tt andt Germany, but that I considered the chances of st
t|..i.i '. Lovell. Johnson, Esq., President of the claimant company,
r. I, m.gh;, takze the claim before the Commission if I wished,


access un-
stated to


provided


.... in
"'i: :: a '


ras not to, be pqt to any substantial


expense in case


of failure.


take the case with the understanding that the claimant should
ny expense for legal services unless some payment was made to


case of success a generous fee would be charged.


No mention


8 IPS&es, as I did. not anticipate that any would be incuri.*ed.


B i. iP. substance that that would be satisfactory
...:.::: : ..


to the claitnaht


'in.

i:in


states


n


that


on or about


of Hale. & Dorr


"as I


December


1922


knew that firm had several


ie Commission and was better able to handle this-mat-


i* especially in view of the fact that Professor George Graf-


2 r~


'1 1


J 1


cU"nlI SKn:r ;n. nr flWnn K n~ ut nf nf a' St ra vm Yr -I Th vtr nA ww .w t.nl


w


I...


4 i l.


I


$~~t.


-! m


EaL -


!


-- ---- m i -


I--




mHm...
i": r


308


Messrs.


Buttrick


and


Wilson further


allege


It is a rule of both of our firms that we wiU not make agreements


tingent fees.


In a matter of this kind where the client for good reasm


a'A


not be asked to pay for legal services except in case of success, it is. our;


fls


twice to bill him for cash disbursements irrespective of the result, and. to r
. fee which is reasonable under all the circumstances in case of success. ,.
The claimant company's understanding of the arrangement .uipr


which the claim was presented i


set out in the affidavit of its Pt
H: e*> **!


dent, Mr. Johnson, who states that in 1922 he "t referred the matter .:
H


counsel, but not on a contingent basis, the claimant at all


times s-


pecting to


counsel


pay


a reasonable compensation


There


was never


any


services


agreement


rendered"J hy
paymentdrof


services to be rendered


upon a contingent basis or that a


fee would be paid for such services.


It was understood that a reason-


able


would


paid


for whatever


services


were


rendered


eitkpr


Attorney


Buttrick or the firm of Hale & Dorr, Esq."


Mr.John.


son further states that retaining the firm of Hale & Dorr, Esqs,. was


apparently a matter of convenience for


Attorney


Buttrick."


In undertaking to pass upon these disputed questions, it should e:


noted


that no agreement


whatever


was


made


between


claimant


and the firm


of Hale & Dorr.


These attorneys, however, have r


dered services before thi


Commission on behalf of the claimant, and


the claimant has not objected to their employment, and has accepted


benefits


thereof.


The


terms


agreement


which


Buttrick retained these attorneys to assist him are not binding upo:


the claimant,


which


was not a


party thereto.


The arrangement '-


tween the attorneys is pertinent only in so far as it sheds
the oral agreement between Mr. Buttrick and the claimant.


light stupted
As stae


by Mr.


Wilson


Mr.


Buttrick had agreed with the claimant to mah


no charge for services" in case of failure.


"generous"


charged


in case


No mention is made of a


success.


Moreover,


hIL.
A;


H. 3


"





l


~ire~s~9lt


~t~j








Ii there had been no recovery, and


the further fact that the


bwas' an established and well-known corporation, there would


::be no reason for making this case an


exception to


the rule


!ipth of these
4in gent fees.


;e firms


had


adopted


against making


agreements


The American Commissioner holds in the above


;ances that the oral agreement between Mr. Buttrick and the


5 company,


with reference to the claim before this Commis-


Snot contemplate
HSiey contingent basis.


Stains, however,


rendition


consider


legal


the character


services


and


upon


extent of the'


rendered by the attorneys herein


4 3 *


by the affidavits filed in thi


on behalf of the claimant.


proceeding and by the records:


k (]~nrnmissinn


<1$ndence
.. *: .


w- -11


and


Mr.


data


Buttrick


relating


turned


to the


over


matter,


Mr.


including


Wilson


his cor-


ece with


the claimant and


the solicitors in


England.


Mr.


risk cooperated with Mr.
S ". .


Wilson in preparing the petition which,


E=eember=


, 1922,


was


verified


claimant


before


Mn.


a
I.~. H.
I ..!* ,


ft


a Notary


ment of State.


Public


and


was


subsequently


filed


with


He estimates the amount of time sent by him


Miwtetion with this claim to be fifteen hours.


te Department of


State


referred


petition


.5 0


American


before this Commission, who wrote to Hale & Dorr on January


*.: .. *.F "


acknowledging its receipt.


Nothing further was done until


when the claim was the subject of a conference held


a:r~


between


German Agent


and


a representative


of the


n Agency.


On April 29 and May


15, 1925, letters were ex-


t between Hale & Dorr and the American Agency with refer-


..Hj this claim.

attorneyss a


On January


copy


of the


1926


report


, the American Agent sent


German Agent,


which


hin substance, contended
" E" .


that the claimant's sole remedy was


I'.the British Public Trustee.


Mr.


Wilson states that this re-


. .: ..:.


* A .ii-I


Sii.... "


:: ;.?'


==:=== i :


mm


''''ii'


*uhu ABUi *** *


!i:l "i


11'1






, 3f10


No further evidence was, filed in. this case,


On Jue l


.Amricaa and


mending


that


GerFopiil
an award


Agents signed


mQ~e


agreed
amount


statement
awarded


Corn.mision on August 13th.


Mr.
thirty


Wilson states that the time charged by his firm to this


hours,


but that


spent on general work, inc
judicated cases, and other p
* es id conferences- with


in addition a large aa


rUding the study


mount of tirm n 4
of treaties, sittnA


)recedents, as well as general corIe


the


I"'
.a".4i.
.24

*:: #a
." *.
i* H, .
*"rt'S'
>2r

h~ I


Am-ericaan A


which have accrued to the claimant herein and other clients .o hi
firm; that the claimant also has had the benefit of general work.
by Hale & Dorr and by Professor George Grafton Wilson, but tJhat i:
is impossible to measure accurately in hours the amount of this wo
from which the claimant has received advantage.
Mr. Johnson, on behalf of the claimant company, does not se3 t:;
refute these statements as to the approximate amount of time p
by the attorneys herein; but he states that the firm of Hale & PDo tmq
was employed by Mr. Buttrick and he does not know the exteunt..
the work done by it.
No Davment has been made by the claimant to Mr. Buttrick a


Hale &


made


Dorr
v the


attorneys


for their
parties tc


herein


services or


arrive


at an


no allowance


expenses,


and


no effort b


adjustment of the sam


clerical


work


or ot


I~




..n
.'4.
H 'X
I .,
H i


~ti. :.I

siN


*- ... *" -r ." .


S.

l~e


penses, stating that there were no disbursements in connection
this matter of the type for which we are accustomed to make oh


separate from our bill for services."


dI..:

vI :'


This is given due weight b


American Commissioner in fixing a reasonable fee for the attorl
Services in this case.
Now, therefore, considering the character and extent and veli
the services rendered by the attorneys herein, and in view of the ^
cumstances above set forth, and the considerations stated in the.gi


"* ..".


=


.


" "'


=


I T


I










$lwheys, Allan G. Buttrick and Hale & Dorr, including coun-

#ifd by them, in this case, the sum of One Thousand Two
Sn


^iDollars, ($1,200), the said fee to be paid by the clain

yed by the attorneys and counsel as full compensation


:re





C'CT


'"Hr

I ..




i r!
n~il

AL.
;'I.
;14 :g A


'iii:
-K,
~1.~~i


nant

for


ndered in the prosecution and collection of this claim,.


Section


9 of the


ashington, D.


C., this 6th


CHANDLER P


day of August, 1929.


. ANDERSON,


Ameriwa Comamssioner,


Miwed


Ohaims


C'ommin oLsn,


United States and .Germamny.


I,,1





:r:



K!!: ..

*ii .-.I
,I

LI.%

*i.


" Settlement of War Claims Act of


U6
hi gL


m




.... h.


UNIVERSITY OF FLORIDA

I III l i 4lllll *I8 \ I \ ll
3 1262 08484 1765


I C 'ii
* V.