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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THE AME

MIXED

UNITED


RICAN


CLAIMS

STATES


COMMISSIONER

COMMISSION


AND


GERMANY


DECISION


IN THE


MATI~ER


FIXING
AGENT


REASONABLE


UNDER


THE


FEES


FOR


AUTHORITY


ATTORNEYS


SECTION


OR


9 OF


THE


" SETTLEMENT


WAR


CLAIMS


ACT


1928


DOCKET


NO.


16485


Bertram A.


Rigoulot, Claimant


Peter'


Baumer


, Attorney


CHANDLER


ANDERSON


American Commissioner


.. -11~11111 -111 ..-1 .. --..-. .a-1-


NO.


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MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


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



CHANDLER P. ANDERSON
American Commissioner
(m)


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THE


AMERICAN


MIXED

UNITED


CLAIMS


c


COMMISSIONER

COMMISSION


STATES AND


DECISION NO.


GERMANY


72


IN THE MATTER OF


FIXING


REASONABLE


FEES


FOR


AGENTS UNDER THE AUTHORITY


ATTORNEYS
OF SECTION


9 OF


THE


" SETTLEMENT


OF WAR


CLAIMS


ACT


1928


DOCKET NO. 16485


Ba7i~7I~flj A


Rigoulot,


Claim ant


Peter Baumner, Attorney


The


above-named


Commissioner


claimant


duly
t


a written request that he


filed


with


fix a reasonable


American
fee to be


paid
New


him


his attorney,


York, as compensation


Peter


Bauier, of New


for whatever services


have


York


been


City,


ren-


dered by him on behalf of and with the authority of the claimant,


such


services


being


of Section 9 of the


character


described


in the


provisions


" Settlement of War Claims Act of 1928."


The claimant. has objected t.o the amount. of the fee asked by the


iLH







478


appears


from


records


this case


that


an award


was


ren-


dered


this


claimant


cent


per


Commission


$25,000,


annum


from


with


on October


interest


November


thereon


1923,


1930,
at tl
Sthe


on behalf


rate


date


five


payment,


which amount represents damages for personal injuries suffered


the claimant through the sinking on March 28, 1919,
ship Oostdijk" by the explosion of a Germ an mine.


of the steam-
The claimant


was a member of the Oostdijk's crew in the capacity of Master.


Payment of this award to the claimant has been enjoined,


pending


the outcome of a suit brought by the attorney in the Supreme Court


of the District of Columbia


have his


fixed and


to determine


amount


expenses


incurred


him


and


loans


made


claimant.


In
suit


Bill


(Equity


Complai
52,184)


int


filed


by this


attorney


in the


aforesaid


he alleges that the claimant signed a con-


tingent fee agreement with him in which the claimant agreed to pay
him fifty per centum of the amount recovered upon his claim against


Germany.


He further alleges,


in substance, that under thi


ment and with the assent and approval of the claimant,


fee agree-
took all


steps necessary in the presentation of this claim," with the result that


the aforesaid award


was entered; that "in addition to


attorney


fee" agreed upon the claimant also owes him between $8,000.00 and
$10,000.00 on account of moneys loaned to said defendant (claimant)


plaintiff


(attorney)


during


period


between


October


1929


and October


18, 1930


that he believes that the claimant


is en-


deavorinng to secure payment of his award direct to himself


in order


to deprive
his fee for


him


of "the


moneys


due


and


owing to


him


legal services; and that the claimant has taken


" including


from


possession the said fee agreement as well as various checks and papers
showing the amounts loaned to the claimant by him at various times,


and


refuses


return


said


agreement


and


papers,.


therefore


prays,


inter


alios,


that


court


determine


and


decree


that


entitled to


have and recover from


the defendant


(claimant)


out of


the amount of the


Treasury check in payment of the award granted


to the said defendant


(claimant)


a legal fee of fifty per centum


I







479


cent of any award entered in hi


behalf; he denies that the attorney


took the necessary steps in the prosecution of this claim and alleges
that the award was secured only by the efforts of one of the attorneys


for the American Agency
any services rendered by


before this


this attorney;


Commission


and not through


denies that he owes the


attorney between $8,000.00 and $10,000.00 on account of monies loaned


him by the attorney


October


during the


period


between


,1930, and likewise denies that he


October


, 1929,


is indebted to the


attorney


period he


in any


received


sum


whatsoever


from


'the


alleges


attorney the sum


that


during


of $876.15


and


said
that


during a large


part of that time


he was employed


by the attorney,


and that the amount of salary


and


other compensation


due


him


the
and


attorney


denies


is in excess


that


of the
seeking


;mm


$876.15


payment


advanced


award


to him;
direct to


himself


purpose


depriving


attorney


any


claim


which the latter may have for services rendered.


The


American


Commissioner


been informed


of the


pendency


and


proceedings


in this


attorney herein, and that the


suit 1
issue


counsel


been


employed


joined therein and that


it will be reached for trial early next year.


The


jurisdiction


conferred


upon


American


Commissioner,


under


which


these


proceedings


taken,


does


empower


him


to compel the production of information or evidence by either party,


and


therefore,


in a position


ascertain


and


determine


what


claimant


amounts


any,


as alleged


such amounts and


have


in hi


been


Bill


loaned


Complaint,


and


attorney
whether


the expenses incurred and advances


made


or not
by the


attorney


claimant


included in


amount of the


fee, as was provided in the fee agreements made by this attorney in
all of the other cases in which his fees have been fixed in proceedings


before the American


Commissioner.


It is evident,


however,


in view


of the litigation


pending between


these parties in the Supreme Court of the District of Columbia, that
the attorney in this case will not be permitted to collect an excessive


fee.


The


fee to


be fixed in


that litigation for this attorney will be


- I -


to
an(


d






480


Attorney


iq in the Supreme Court of the


District of Columbia,


$ K$


lasmuch


as the


authorizes and


"Settlement


War


does not direct the


Claims


American


Act


1928"


Commissioner


to reasonable fees, it rests in his discretion to refuse to take such
dtion when, as in this case, the result desired by Congress in enact-


this


legislation


will


fully


accomplished


without


inter-


YCDItLUU.


In view of these considerations, the American


sides that it is not des
to fix the attorney's fee


Done at


Washington, I


irable or appropriate


Commissioner con-
him to undertake


in this case.
. C., this 0ith day of April, 1981.


CHANDLER P


AiwNsefON,


American Commioer,
Miaed Claims Cowmasin,


United States and


Germanj0


S *
4 4
Aj


and in
merely


:





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UNIVERSITY OF FLORIDA


Ii II IIII 1 11 1 1rII 1 11 11111111
3 126208484 1674


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