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:
AA00008543:00020

Full Text

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OffTORY


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'4


MIXED


UNITED


AND


NO.


IN THE MATTER OF


REASONABLE


FEES


FOR


ATTORNEYS


OR


I.
hZ:
HYi""i~
Mi I


UNDER


THE


SETTLEMENT


AUTHORITY


WAR


CLAIMS


SECTION


ACT


9 OF
1928"


I. L
H.


Ni:'...':


DOCKET


NO.


7806


Anne Koeniger Smith, Claimant


Lewis Arthur


CHANDLER P


McGowan, Attorney


ANDERSON,


American Oommiasioner


AMERICAN


COMMISSIONER


COMMISSION


CLAIMS


STATES


DECISION


GERMANY


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--- --
































MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


Established in pursuance of the Agreement between the
United States and Germany of August 10, 1922



CHANDLER P. ANDERSON
American Commissioner

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THE


CLAIMS

STATES


COMMISSIONER

COMMISSION


AND


GERMANY


DECISION


NO.


IN THE MATTER OF


IXING REASONABLE
AGENTS UNDER THR
.THE SETTLEMENT


FEES


E
E


FOR


AUTHORITY


WAR


ATTORNEYS


SECTION


ACT


CLAIMS


OR


9 OF
1928"


DOCKET


NO.


7806


Anne Koeniger Smith,


Lewis


Arthur


cGo woan,


Claimant

Attorney


above named claimant has duly filed with the American


a written request


that he fix a reasonable


Corn-
paid


]hBer


attorney,


Lewis


as compensation


te attorney


on behalf of


Arthur


whatever


and


with


McGowan,


services


have


the authority


f Washington,
been rendered
of the claim-


such services being of the character described in the provisions


AMERICAN


MIXED

UNITED


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352


giv g the information which the attorney desires to have considered
by the Commissioner as showmig the reasonableness of the..e,
which information has been brought to the attention of the claimant,


who


has


filed


in reply


affidavits


herself


and


band,


Mn


Lorenz


Smith,


copies


which


have


been


transmit


attorney.


Jn this case, an award


was rendered


by this Commission


on De-


member 23, 1926, on behalf of the claimant,


for $8,081.02,


with interest


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


date of


payment,


which


amount


represents


a bank


1, 1920,
balance


in the Dresdener Bank, Munich Branch,


standing in the name of the


claimant
amount


which
received


was owing to


claimant


as of
from


April


1917


Treasury


The


total


Department,


Son or about July 5, 1928, in payment of this award,


was $11,542.90.


The amount of the fee asked by the attorney as compensation for


services


this


case


fifteen


cent


amount


recovery.


It appears from the attorney


affidavit that on September 30, 1925,.


the claimant


husband, Mr. F


. Loren


Smith,


wrote to the attorney,


requesting information and advice


with respect


a mortgage debt


of 44,000 Marks, held in 1913 by the claimant, the principal and part


of the interest later


having been


deposited


Dresdener


Bank.


Mr. Smith stated that he had written the Department of State toward


the end of 1918, giving details of thi


claim


ion of an acknowledgment of his letter


notice from
The attoi


,but


had


Washington.


mey


states


affidavit


Smith in New York in October, 1925,


undertake his wife
an alternative pros


case


positionn


upon a 20


of 15%


that


and advise


basis ";


which


t


I acce


that, with the excep-
received no further


conferred with Mr.
id him that I would
hat "he later made
pDted in addition to


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**


the payment of $100 to cover part of the expenses and disbursements


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353
"n' r'.r.


a agreement of December


, 1y2o, shows


that


the claimant re-


the


attorney to


undertake


the collection


claim,


upon


fllSI.


payment


$100;


that


attorney


was


receive


Ant equal to 15% of the sum recovered,


to be paid by the claim-


*at the


date


recovery


ney "any other sums";


that


and


claimant


was


that the attorney


tder the same conditions" the claim of Mr.


was


Smith, and


> pay the
prosecute
the $100


nent was to cover the prosecution of both claims.


S r. Smith's letter of Ma
fl^following reference to
jj*.. a 4 ^^^


y


,1928, addressed to the attorney, makes


the negotiations leading up


t of December 8, 1925:
m will remember that when you first took


to the agree-


this matter up for Mrs.


Smith,


was some considerable discussion as to what your compensation should be.


:i rcall it, you wanted 20%,
Vfwe compromised at 15%.


I thought the figure should be very much lower


e claimant states in her affidavit that she never met the attorney


qT


Iorresponded
i:/ehalf and
Taken or


with him, but that her husband


ratifies


transacted


anything


her.


which


Her


dealt w
husband


contention,


ith him on


may


stated


have
her


iid's affidavit


le.meent i


is that the fee of


mentioned in the retainer


exorbitant, since the work done by the attorney required


time


or research


and


information


required


was


supplied


y through her husband'
S':attorney states in deta


efforts.


ii


V J
,,he character and extent of hi
*iioi." r..e.
.3i ears that he prepared the


in hi


affidavit filed in


this proceed-


services on behalf of the claimant.


statement of the


claim


which


was


ad by the claimant on


American


Agency


November 28


1925


and


presentation


thereafter filed
s Commission;


he had a number of conferences with Mr.


Smith and with repre-


lives of the American 'Agency, and carried on an extended


rndence relative to this claim.


cor-


The claim as originally presented


: :


.....




f 354


Therdecords df this commission show a on Xug
o nyt I n. *^i B .rn B *p '* *'* '* < <3iS~''~^ 'Sf S '''^j^'^ajl^S^^l^p^^i^^i
* 'o ssmn show tha ugusIli!** fyfyYI^OCI'l'lT^Ch/^T *r 1 ^i 1 r1 O ti1I^i^c


an Agent reported that in his opinion
.a r:* at* nf S* O* l o


the deposit of the prin-


i"pal amount


onstitu ted


the mortgage,


a payment and


in effect


satisfaction


accepted


debt


claimant,


thoug irec


Action


between


the


parties;


that


claimant


was


barred


"from any claim she may be able


to establish


under


Article 297


the Peace


Treaty by showing that she has suffered loss


on account of German exceptional


war measures."


or damages


Thereafter, this


claim
result


was


pre-war


made
which


account


with


subject <
German


an investigation


Agent


Dresdener


reported


Bank


payments on account of the mortgage, and


had
that


in Germany,


that
been


esa


claimant's


credited


with


was entitled


a balance of Marks 50,506.38,


which,


valorized


American money


rate


cents


mark


, represented


sum


18,081.02.


The attorney transmitted


on December 9, 1926,


this


report


that "my wife and


Mr.
also


Smith


who


I are delighted


replied,


with


the good news received today from


ciate your indefatigable efforts."


you "


and


Thereafter


that "we both appre-
the claimant executed


waivers and


the claim


was submitted


this


Commission


upon


agreed statement of fact, as a result of which an award was rendered
on December 23, 1926, as already stated.
The basis of the claim as originally presented-that of a mortgage
debt-was not the basis of the claim as finally allowed, that of a debt
Consisting of a bank balance; but the facts established in its presenta-


tion were relied on in support of the award as made.


basis upon


which


the claim wa


allowed


was more


favorable


to the


Sclaimant than that upon


which it was originally presented, since if


the claimant had been allowed


full


value of


the
,.


valorization rate applied would have been 12.2 cents to the mark.


The records of this Commission show that the claim on behalf of
r t '1 n I 1 1 1 l J "


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1.51
in. I1


pointed


American


Administrative and Jurisdictional


De


Commissioner
cision of Sept


member 21


general
8, 1928,


aM as held by


him in his previous decisions in similar proceedings


:De sions Nos. 1, 8, 35, 46, 49 and 53),


where claimants are entirely


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impetent 1
At with 1


4,


to look after their own


interests in making


a fee agree-


their attorneys, it was not contemplated by Congress, in


iliorizing the American Commissioner to fix reasonable fees in
hie proceedings, that he would disregard an agreement thus reached
iween the claimants and their attorneys.
The record shows that at the time the claimant retained the attor-


fly
'V


herein she received the advice of her


jtn and experience. It appears that the atto
indgent fee of 20% in this case, and, accordih
Urount agreed upon was a compromise figure.
i.f $100 was agreed upon, to cover not only ti
rpaim but also the prosecution of a claim on


husband, a man


rney
ng to


of educa-


requested a con-


Mr.


An initial


ie prosecution


behalf


Smith,


paymentt
of this
Smith.


of Mr.


the event that nothing was recovered in these claims, the attorney


receive


further


compensation.


already


stated,


pery was obtained in the claim of Mr.


Smith


Sand, at one stage


he' proceedings, it appeared


that


recovery


in the


claim


of Mrs.


Ith was doubtful.


The claimant has acquiesced in the conduct of


"ease by the attorney


has approved


of hi


efforts in her


behalf,


|aS rec
- .. .. .
i b attor


frt:idavit
I.--.


eived
.ney's


timants


payment of her award,
services. The attorney


before


this


Commi


accepting t.


has represented


ssion


and


the names of twenty-four claimants in


vfor services


is stated


from


fifteen


he benefit
a number


enumerates


whose cases his


to thirty


cent.


i. experience in handling other claims undoubtedly contributed to


Successful


prosecution


of this claim;


and


the fact


that a larger


was obtained than that which could have been allowed


of the


i kiri'aru 44; avn


claims


as originally


presented


entitled


upon
some


355


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.. .~ ,- I-


356


UNIVERSITY OF FLORIDA

1U lUl I ll II lll IIl IIN
3 1262 08484 1815


tends that


account


initial


expenses.


payment


The


of $100


retailer


represented


agreement,


reference to expenses or disbursements. It mentions an itiij-
ment of $100 and a further sum representing a 15% contig
: .*"'
JLt eUpreassy states that the claimant was not to pay any UothoW
than those mentioned in this agreement," and that the claim' at
Smith was to be prosecuted upon the same conditions.r

Can commissioner holds that the agreement contemplated ..
tional payment to the attorney for his expenses or disbursem
. Now, therefore in the circumstances above t forth
of stated m the '
dicthe conal deracision of September 28, 1928, and after careful e
dictional Decision of September 28, 1928, and after careful ex.


tion


and


full


consideration


information


proceeding by the attorney and


the claimant and by the r


fhli Commission


pertinent


to the questions invWlv


deliberation thereon,


The


~tee


American


paid


Commissioner decides
the claimant, Anne ]


and


fixes
x*.. '*


Koeniger


attorney, Lewis Arthur
and hixed by the claim


McGowan, ins chs4 e th
Int in her agreement o


nsm 4 fi Sen per cent of the amoun rt


Department


in payment


this award,


said


claimant and received


by the attorney


as full


services


rendered


in the


prosecution


this


Section 9 of the "


Done at


Settlement of War Claims Act of 1928 ",


Washington, D. C., this 31st day of August, 1929.


CHANDLER P


ANDEwBON,


American Commissioner,


Mixed


Claims


United States andc I


8