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IN THE MATTER OF
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M. del Valk, GClaimant
rewo#t, Oolt & Mosle, Attorneys
in pursuance of the Agreement
of August 10,
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IN THE MATTER OF
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del Valle, Claimant
, Mallet-Prevost, Colt d' Mosle,
wy-named claimant has duly filed with the American Cornm-
o be paid
such services being of the character described
SSection 9 of the "Settlement of War Claims Act of 1928."
., as compensation for whatever services have
of the claimant,
has filed an
affidavit in reply,a
copy of which has been transmitted
to the attorneys.
In reply, Mr.
Thiesing has filed a further affidavit a copy of which has been trans-
to the claimant,
mt.ber 18, 19.4, on
has filed several affidavits in reply.
by this Commission on Sep-
for O w
thereon at the rate of five pec
1918 to the date of payment,
persoal property belonging t
r cent per annum from
which amount represents
bi of the Steamship Ccrotinc, on June 2,1918, by
mine and for the further sum
the rate of five
les suffered 1
The total amount received by the claimant from the Treas-
The amount of
rendered is $1,515.9, and, in addition,
$1289, according to the terms of the services agreement hereinafter
It appears from the records of this Commission that claimant was
born at San Juan, Porto
Rico, on September
that he was
..edidine at McGill University; that following his graduation
eptember, 1918, a physical examination disclosed that
ig from a disorder of the heart,
prevented him serving as a
mhician in the United States Army abroad; that he w ae
t ratice medicine in March, 1919, by the State Medical Board
change of residence
S;hands of the firm, Mallett, Prevost, Colt and Company, of which
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13, 1923, Curtis, Mallett-Prevost & Colt,
aimant signed an agreement,
of this claim.
rosecute his claim, and agreeing to
of any recovery of said claim and,
.i". *T claim*
of which firm
pay that firm for their
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nerican Agency before this Commission; and on January
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i attorneys were requested to furnish additional evidence. On
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H Y'bruary 2 a formal power of attorney was executed by the claimant
i. favor of the attorneys, and was forwarded the American Agency
-i$ thaor of t;he attorneys, and was f~orwarded t~o the American Agency
is ann di
'H 1.j 1218,
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I.- ftv'e per
evidence in support of the claim.
me 21, 1924, the German Agent offered in settlement of this
e sum of $600,
with interest at five per cent from November
for the loss of personal effects, and $2,000,
cent from November
with interest at
,1923, for physical and mental suffer-
ie second item was considered unacceptable by the claimant;
; of facts, as a result of which an award was rendered
,1924, as hereinbefore stated.
R.R 1 *. .*
F 192R Mr
the enactment of the "Settlement ol
* Thin ino ilviqpnd thp lnaimnt. nt t.
or claims and
was duly referred
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**.s.a* nt, and th
: *:.. .IH 1 7 .. "., :* i
:.:: re'd statement
o :S"tember 18 .:.
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claim was submitted to
application now, after the claims have been paid to you,
in your belief that the
our services are excessive.
us at the time
not share your
and feel coidtent.
that the Commissioner will fix
the amount of our fees in accordance with. the
terms of the agreement made by you with us.
b' .v ie.:
Commissioner will be made, and as we are anxious to close this matter a ir
have our clients satisfied,
we should be very glad
if you would come 4oWW ti
as you have indicated
tunity, and tell
us what you think our services have been
wort to y W
^ ."...-p Tt;fs .we shall
have no doubt that we shall
be able to
The claimant s ttes that Mr
menat witI me
and the attorneys state that the claimant
"did try to reach re
from my pmn
offered to pay "at first co
amount of $200 ad theq $500," but that this offer wa "
entirely inadequate, nnatisfacto, and
^ -^eA/3 es9
tdoes not appear that, prior to the payment of his
t bected to tIe fee charged
knew that the fee in this case under a contingent agreement would
be larger than on the ordinary basis of a charge to be paid irrespeo-
tive of whether
because of the certain
that the payment of a contingent fee would in any event be
of the uncertuty whether it would ever be paid. .
the contingent element in the service a eement
the fee be fixed on the quantum meruit basis for
li claimant also contends that he accepted the off emen
hf *$000*onAthefitem of personal infjtrii, while S the claims
parents the amount offered was $8,000; and that im claimant's
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!& 4ethree claims, the amount of the award for personal injuries
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I.which was fixed on exactly the same basis as other awards
MA!, a*j / .. A -
j CSfreliia claims
44W;n 1-and 48O>) were
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eiti.A Jula, Porto Rie
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presented by their son, a lawyer residing
Swas by correspondence; m the case of claimant, Mr.
Bil his sfldavit that
.terman Agent at Washington with a view of increasing the
of the award for personal injuries,
the result that the
Agent agreed not to oppose an &ward of $3o00O for personal
e."t' the claimant,
raecessary, for reasons set out below, to examine further it
B the charatear, extent,
value of the services
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.:- inted oat by the American Commissioner in his general Ad-
Etive and Jurisdictional Decision of September 28, 1928, and
!M stoii~ This.
1, 8 35, and
whee dsirnaats are entirely cornm-
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look after their own
making a fee agreement
the American Commissioner to fi reasonable fees in these
nah S L 5l. .nsn 12 3: i d4 af ti -41 h h b JI
i ~Wi n ping tiiai ue woTtu diiegcari an agem ent t cu IAs reauc eo-
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IrE5.- '*51'. y' ". *
Sl* is .,-. -**- r etwe d shcows thlat at the time the claimant retained these at-
thirty years of
practising in New
City; he was a man of education and intelligence; he had pre-
i iusly received the advice of his brother, a lawyer who represented
father and mother in their claims before thi
Commission; and he
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'II.*H. T H .
UNIVERSITY OF FLORIDA
3 122 0111114 ill5
3 1262 08484 2045
Commissioner 'holds that on the facts p
this case the claimant must be regarded as fully capable of prq
his own interests when he agreed upon the contingent fee fix
agreement with these attorneys. s i
Now, therefore, in the circumstances above set forth, and"3
of the considerations stated in the general Administrative an:
dictional Decision rendered by the American CommissioneJ
date of September 28, 1928, and after careful examination u
consideration of the information furnished in this proved
the attorneys and the claimant and by the records of this G
pertinent to the questions involved, and after due deli
by the claimant,
Valle, to his
agreed upon and fixed by the claimant in his agreement of Jj
18, 1923, namely, thirty-three and
one-third per cent of the
received from the
payment of this a
in addition to the disbursements expended by the attorneys, s
ing to $12.39, said fee to be paid by the claimant and received by
attorneys as full compensation for all services rendered in the p4
"Settlement of War Claims Act of 1928."
Washington, D. C., this 19th day of July, 1929.
American Commis sooner,
Miced Claims Commussi%
United States and Germ