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:
AA00008543:00078

Full Text

UNIV. OF FL LIS.




U.S. DEPOSTORY__





THE AMERICAN COMMISSIONER

MIXED CLAIMS COMMISSION

UNITED STATES AND GERMANY

DECISION NO. 30
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"

DOCKET NOS. 2008 AND 2010

Christopher J. McTamney, Claimant
William J. Connor, Attorney


CHANDLER P. ANDERSON,
American, Commissioner


U. S. GOVERMAJSEJ.WRJNTING rFPFIC: :129




























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
Amer icn commissioner










THE AMERICAN COMMISSIONER

MIXED CLAIMS COMMISSION

UNITED STATES AND GERMANY


DECISION NO. 30
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 "


DOCKET NOS. 2008 and 2010


Christopher J. McTamney, Claimant
William J. Connor, Attorney


The above named claimant has duly filed with the American Com-
missioner a written request that he fix a reasonable fee to be paid by
him to his attorney, William J. Connor, of Trenton, New Jersey, as
compensation for whatever services have been rendered by him on
behalf of and with the authority of the said claimant, such services
being of the character described in the provisions of Section 9 of
the Settlement of War Claims Act of 1928 ".
The claimant has objected to the amount of the fee asked by the
attorney on the ground that it is excessive, and the attorney has
been duly notified of the filing by the claimant of this request that
a reasonable fee be fixed. The attorney, in response to a request
by the American Commissioner, has filed with him an affidavit giving
the information which he desires to have considered by the Commis-
sioner as showing the reasonableness of the fee asked, which infor-
mation has been brought to the attention of the claimant, who has
filed an affidavit in reply, a copy of which has been transmitted to
the attorney.
40156A-29 (211)




212


In these two cases award$ were rendered by this Commission on
September 18, 1924. The award in Docket No. 2008 was for $5,500,
with interest thereon at the rate of five per cent per annum from
August 19, 1915, until paid, in favor of this claimant jointly with
one John J. Olschewski, which amount represents the value of
paraphernalia and stage settings owned jointly by them and used
by them in the performance of their vaudeville act known as "The
Flying Martins ", in which they each had a half interest as partners.
The award in Docket No. 2010 was for $1,500, with interest thereon
at the rate of five per cent per annum from August 19, 1915, until
paid, in favor of the above mentioned claimant individually, which
amount represents the value of personal property belonging to him.
All of the above mentioned property was lost through the sinking
by a German submarine on August 19, 1915, of the steamship
"Arabic ", on which the claimant and his partner Olschewski were
passengers.
The amount of the fee asked by the attorney as compensation for
his services, including disbursements, is twelve and one-half per
cent of the amounts received by the claimant from the Treasury De-
partment in payment of the awards in these cases. The amounts
received by the claimant in payment of these awards were $4,530.85,
for his half share of the claim, in Docket No. 2008, and $2,471.37
in Docket No. 2010.
The claimant's partner, Olschewski, on May 9, 1928, filed with
the American Commissioner a written request that he. fix a reason-
able fee to be paid by him to his attorney, the said William J.
Connor, for services as to his half of the joint, claim Docket No.
2008, but he subsequently withdrew this request and informed the
Commissioner that he had settled with his attorney for a fee of
twelve and one-half per cent. The only fee, therefore, to be fixed
by the American Commissioner in this proceeding is the fee to be
paid by the claimant McTamney to this attorney for his services as
aforesaid.
It appears from the affidavits filed by the claimant and the at-
torney that on November 1, 1915, the claimant employed this at-
torney to prepare and file petition with the Department of State
for a claim for personal property which the claimant had lost by ;
reason of the above mentioned sinking. The amount which the at-
torney was to receive as compensation for his services was not fixed





213


at the time of his employment by the claimant. The attorney states
that his "services were rendered wholly on the basis that he was to
receive compensation and be reimbursed for expenses only in case an
award was made and paid ". The claimant, on the other hand,
alleges that the attorney was not to be paid on a contingent fee
basis, but was to be paid on a quantum meruit basis, in any event,
for services actually rendered.
It is unnecessary to pass upon this disputed question of whether or
not the attorney's services were rendered on a contingent fee basis
because in either case the American Commissioner is of the opinion
that, considering that no charge is made for disbursements, and in
view of the character and extent of the services rendered as dis-
closed by the records of this Commission, and by the information
submitted in this proceeding, the attorney's charge of twelve and
one-half per cent of $7,002.22, being the total amount received by the
claimant under the awards above mentioned, is a reasonable fee for
the services rendered in the circumstances.
At the request of the claimant this attorney prepared and filed
with this Commission the petitions and the affidavits and the docu-
mentary evidence supporting the claims in both cases.
The claimant alleges that he is entitled to the sole credit for in-
ducing the German Agent to add $2,500 to his original offer of set-
tlement, but the records of this Commission do not show any corre-
spondence between the claimant and the Agency, and the American
Commissioner is authorized by the German Agent to state that he
never had any conference or discussion with the claimant about
either of these claims. On the contrary, the Commission's records
support the allegation of the attorney that the affidavits upon which
the increased offer of settlement was based were prepared and filed
by him.
The Commission's records also support the allegation in the affi-
davit filed by the attorney in this proceeding that he devoted much
time and effort to the preparation and presentation of these claims
during the period of upwards of two years while they were pending
before this Commission, and especially in holding numerous con-
ferences with the claimant for the purpose of obtaining from him
information for use in the preparation of the petitions and 13 affi-
davits, and procuring documentary evidence used in support of these
claims.




214

The American Commissioner understands that the attorney d
not ask to be reimbursed for the expenses incurred by him on behalf j
of the claimant.
Now, therefore, in the circumstances above set forth and consid-
ering the character and extent and value of the services rendered
by this attorney, and in view of the considerations stated in the gen-
eral Jurisdictional and Administrative Decision rendered by the
American Commissioner under date of September 28, 1928, and
after careful examination and full consideration of the information
furnished in this proceeding by the attorney and the claimant and
by the records of this Commission pertinent to the questions involved,
and after due deliberation thereon.
The American Commissioner decides and fixes as the reasonable fee
to be paid by the claimant, Christopher J. McTamney, to his said at-
torney, William J. Connor, the sum of eight hundred and seventy-
five dollars and twenty-eight cents ($875.28), including disburse-
ments, the said fee to be paid by the claimant and received by the
attorney as full compensation for all services rendered in the prose-
cution and collection of these claims, as defined in Section 9 of the
"Settlement of War Claims Act of 1928 ".
Done at Washington, D. C., this 28th day of February, 1929.
CHANDLER P. ANDERSON,
American. Commissioner,
Mixed Claims Comnmission,
United States and Germany.
















































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