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:
AA00008543:00045

Full Text







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[!.EAMERICAN COMMISSIONER




~MIXED CLAIMS COMMISSION
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.;;' DECISION NO. 32
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... E AMRIN TE M OATE OF
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"S" REASONABLE FEES FOL ATTORNEYS OR


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it'..'. MIXEDE LAIMWCOMLISSION
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". DPCtSETt NO. 32666


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ISETLE ET FWA LAMSAT:F198









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4


I


MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


Established in pursuance of the Agreement between the


United


States and


Germany


of August 10,


1922


CHANDLER


ANDERSON


American Commissioner

(n)


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HE


MIXED


UNITED


TS UNDER TH

SETTLEMENT


John


Peter


E


COMMISSIONER


COMMISSION


AND


GERMANY


FEES FOR

AUTHORITY


WAR


CLAIMS


Johmuon,


Claimant


Bawmer, A attorney


ove named claimant has duly filed with the American Cornm-

a written request that he fix a reasonable fee to be paid by


'HII^ to his attorney, Peter Baumer, of New York City, N. Y., as con-
I p*st.. e
epcation for whatever services have been rendered by him on behalf


ACT


OR

9 OF


1928"


and with the authority of the claimant, such services being of the


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described in the provisions of Section 9 of the "Settlement


War Claims Act of 1928."

'Ph. o1ilm mint hene nhioottirl


In f.hsa nnmnint, nf thvt


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AMERICAN


CLAIMS


STATES


DECISION NO. 32


IN THE MAPPER


REASONABLE


ATTORNEYS


SECTION


DOCKET NO. 4666


rOt


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220


him,


which


information


has


been


brought


attention


I
~Th ~
COIn
S
-a-
111 tillS
~
Alt> .fl~ ~.


uis oom


who has filed three afdaits in reply, copi otl
..* W. / ^ ^ Jl rf .. <.^ 1.* < *< '/ w *<^: /^ *** < '*/ *'* *.SwwS ^^^ *^K^^4g


municated to the attorney.
case an award on behalf


mission on January


of the claimant was rendered by


14, 1925, for $859,


*ith interest thereon


"* *the


rate


five


per


cent


annum


from


November


1918,


A
A
K
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V
IC
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i t
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49
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~


tothe date of pay ent


which


amount


represents the


value of per-


sonal property belonging to the claimant lost through the sinking on


July 27, 1917, of the Auxiliary


Bark "Carmela" by


marine, and for the further sum of $20,000,


the rate of five per cent per annum


date of payment,


a German sub-


with interest thereon at


from November


1, 1923, to the


which amount represents damages for personal in-


juries
attack.


suffered


claimant


in consequence


The claimant was a member of the "


submarine


Carmela's" crew in the


paucity of Master.
the Treasury Dep


The total amount received by the claimant from


artment


payment


above


award


was


$25,802.93.
The amount of the fee asked by the attorney as compensation for
his services is $14,000, including disbursements.
It appears from the affidavits and documents filed that on or about

April 10,1922, the claimant retained this attorney to prosecute and


collect this claim.


At various times thereafter he paid the attorney


sumsnof money totalling in all approximately $240, and agreed to pay
for his services on a contingent basis of fifty per cent of the award


when paid. The attorney alleges that the sum of $240 paid to him b
Sclaimant "rep ted payment to me for service
ther cases ", but this the claimant denies. The question at issue is
immaterial in this proceeding, as will appear below.
The services andered by this attorney in p.o
bIore this commission were similar in character an .


rendered


him


another


claim


- -. --~ -- -, .- --


(Docket No.


6460


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SaMccferences between this attorney and the American'Agency,
fter the filing by this attorney of several affidavits by physi-
' to the physical condition of the claimant, the German A ut
W'as to the physical condition of the claimant, the German Arent


*in settlement


amounts recommended


award


1ean


and


German


Agents


their


agreed


statement


fact


on December 22


, 1924


which


were the


amounts


awarded


S commission, as aforesaid.


quent to the award by this Commission, namely, on July 28,


.the attorney obtained from the claimant a


power of attorney


rizig him to accept on behalf of the claimant the offer of $859
L $2OO000 with interest as above stated in settlement of his claim,
lotostatic copy of which power of attorney was forwarded to the
t


icon Agency by this attorney.


This power of attorney not only


zed the acceptance of the German Agent'


offer of the award


if. hi was finally made by this Commission, but also fixed the sum of
ino oas the fee to be paid to this attorney in full for all services
hii" ered or to be hereafter rendered by him," which fee also cov-
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:"advances made "


and


"disbursements incurred" by


him and


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Sespcially all disbursements and payments for professional services
XX: : :*. .. --


ited


me by the said


Peter


Baumer, and


physicians who


tired services to or for me in and about this matter the payment


Hose fees and charges Peter
*hose fees and charges Peter


fi ^ '': ^ y. .* : ~
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A ake and which said Peter
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..... .discharge and satisfy."
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Baumer has personally undertaken


Baumer


agreed


and


undertaken


In order to make the meaning and


a. a a


.of this power-perfectly clear xt states an conclusion


1 purport hereof being that the said Peter


"the ob-


Baumer, his execu-


administrators,


assigns


or designees,


receive


a lump


sum


), out of the


proceeds of the settlement hereinbefore recited,


Sthe rest residue and remainder of the said fund with all accrued
.on the amount of the settlement agreed on as hereinbefore re
l~rston the amount of the settlement agreed on as hereinbefore rel
J::3'-:


Share to be paid over to me the said John A. Johnson, or unto


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222


rendered.


in this


Accordingly, the


power


attorney


amount of


represents


compensation fixed


their


deliberate


and


by them
informed


pmtion as to the value
rv4*e's and disburseme:
behalf of the claimant
>A~f>Tni the American Co
to, he held that the cia
notwithoutwolle
protect his own mn
of claimants referred
of the Senate Commit
legislation to the Senal
It is expected, 'however,
by contract with large e
own interests. In such ci
would undoubtedly be Jus
9 In those circumstance
by his so-called "final
considered reasonable 1
In this case, the cil
nothing in the record
protecting his own int
above referred to.N
that the claimant, pri
28, 1925, by which he i
zor services renaerea
sought and obtained ti
jprotecthiinret.
niey employed by the
tis power of attorney
1tee t
195.the oAmericattoro
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iK^ K K ^* *J^ ^ ^

employtfd i~bed by the l
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poe of1 attrne
fi:. th te / o


L of


such


services,


including


therein


the ad-


nts and liabilities incurred by the attorney on


:as set forth min this j
mmissioner's Decision


ower of


imant therein, although a seafE


experience and


terests;


to


and,


inthe


tee on


knowledge and


therefore


following


Finance


e, fell
extract


recommend


wil


attorney.
aboveoreferred
ring man, was
was competent
thin the group ..


from
ng thi&


be:
that it will not be necessary to alter amounts fixed


corporations


ases the


* *


others


capable


American


tifled in fixing the ax
Sthe fee which


power of attorney"


of protecting


their


Commissioner


nount specified in the contracts.
the claimant therein agreed


pay


his attorney was


by the American Commissioner.


imant
to sho


is also
w that


a seafaring


was


erest to place him in


wertheless,


or to signing


record in
he power


man,


there


sufficiently


the group of claimants


this an i


attorney


4. ~~.
I
.~Tn1y


agreed to pay this attorney the sum of $14,000


and


disbursements


and


obligations incurred.


e advice and assistance of another attorn
The attorney in this case an
i _i j ft At JJ _-


claimant to protect his iAteres


r conferred about


the matter, and on July


ev wrote letter to the atr
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|ti these circumstances, the American Commissioner holds that the
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ant's interests


in making


his final


agreement,


above


men-


p-h~t--the Co

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1 ~aa~cagreem
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this


attorney


were


mmissioner is justified


Lent


was


a reasonable


fully


protected,


and,


in holding that the


within


accordingly,


fixed


meaning


of War Claims Act of 1928."


stood by the American


Commissioner inm


fixing the fee


l|3ts at

-... .
..S .: ,i, *
..n .. .i
...'5 lgaions


lorney


any


incurred


services that


disbursements


him


as s


no additional


expenses,


pecified


charge


is to


be made


any


aforesaid


power


Ih.: a
. therefore,
:*k 2 q.. g. ." "* ": '**'"li
M*i that t
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'i: Q.contingent up
lie considerations
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iv Decision r

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||iS :;iSfp Otmber 2,8,
'4-.[:::... .
.. 'ion" of the iu
**.*..*. .*
*. *
ig attorney y and the
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t*inent to the
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American


in view of the considerations above set forth, and
S* .. I1


11'C


payment ot


any


on securing and collection


compensation


this


attorney


an award, and in view of


stated in the general Jurisdictional and Adminis-
endered by the American Commissioner under date
[928, and after careful examination and full consid-


formation ft
claimant and
questions in


Commissioner


irnished


volved


decides


be paid by the claimant, John A.


.Baumer,


as set out in


1925,


fee fixed in


power of


namely,


fourteen


in thi


records ol
and after


and fixes


Johnson


proceeding


this Commission
due deliberation


as the reasonable


, to his said attorney,


settlement agreed


attorney


executed


thousand


dollars


to the sum of two hundred and forty dollars


upon


between


by the claimant


($14,000),


($240)


already


)y the claimant to this attorney, the said fee to be paid by the


and


received


rendered in


by the attorney


prosecution and


as full


compensation


collection


of thi


for all


claim, as


in Section 9 of the "Settlement of War Claims Act of 1928."


.H .


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UNIVERSITY OF FLORIDA
HII IH1111 I1 1 111l1 l I M I Ii
3 1262 08484 2177