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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STATES


AND


DECISION NO.


IN THE MATTER OF


'~NABLE


FEES


FOR


ATTORNEYS


OR


'ER
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THE


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"F!**i*


WAR


CLAIMS


SECTION


ACT


9 OF

1928"


DET NO.


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3897


M. del Valk, GClaimant


rewo#t, Oolt & Mosle, Attorneys


DLER P


rican


ANDERSON


Commissioner


~i A1%*FRWAM


COMMISSIONER


COMMISSION


GERMANY


AUTHORITY


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-.M iH..M


MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


Established


in pursuance of the Agreement


between


United


States and


Germany


of August 10,


1922


HANDLE P


ANDERSON


American Commissioner
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COMMISSIONER


COMMISSION


AND


GERMANY


NO.


IN THE MATTER OF


REASONABLE


FEES


FOR


ATTORNEYS


OR


UNDER


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.~ nih' :~,A:
n.H I.
~i: %!n


THE


SETTLEMENT


AUTHORITY


WAR


SECTION


ACT


9 OF

1928-'


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Ourtis


NO.


3897


del Valle, Claimant


, Mallet-Prevost, Colt d' Mosle,


Attorneys


wy-named claimant has duly filed with the American Cornm-


a written


k City


lered


attorney

',N. Y

by him


request that


Curtis,


a reasonable


Mallet-Prevost,


Colt


o be paid

Mosle, of


with


authority


such services being of the character described


in th


of the

LC pro-


SSection 9 of the "Settlement of War Claims Act of 1928."


AMERICAN


CLAIMS


STATES


DECISION


CLAIMS


DOCKET


Carlos M


on behalf


., as compensation for whatever services have


and


==


III





296


of the


asked


them,


which


information


has


been


brought t


the attention


of the claimant,


who


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-


mitted


to the claimant,


this case


an award


mt.ber 18, 19.4, on


who


has filed several affidavits in reply.


was rendered


behalf


by this Commission on Sep-


claimant,


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


the claimant


lost through&


bi of the Steamship Ccrotinc, on June 2,1918, by


mine and for the further sum


the rate of five


date


injury


pg


of payment,
les suffered 1


er cent
which


of


per annum
amount r
claimant i


$3,000
from
epresen


With interest
November 1.


damages


i consequence


the submarine


att~k,


The total amount received by the claimant from the Treas-


ury


Department,


or about


April


1928


in payment


this


award,


was $4,545.87.


The amount of


compensation asked


the attorneys


for services


rendered is $1,515.9, and, in addition,


disbursements amounting


$1289, according to the terms of the services agreement hereinafter


referred


to.


I


It appears from the records of this Commission that claimant was


born at San Juan, Porto


Rico, on September


11, 1892;


that he was


travelling to


Montreal,


Canada,


New


York,


on the


Steamship


Crolidna.


accompanied


parents,


resume


studies


..edidine at McGill University; that following his graduation
eptember, 1918, a physical examination disclosed that


ig from a disorder of the heart,


which


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


!ed


- -


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N,..


297


Supon my


change of residence


New


York-put


claim


S;hands of the firm, Mallett, Prevost, Colt and Company, of which


tmn Mr.


Thiesing


was


assigned


to represent


me before


Mixed


Commission."


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'1*Jan
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'"the cl
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S...
.ity:i"'\ *w


mary


e later


13, 1923, Curtis, Mallett-Prevost & Colt,


became


duplicate petition


a member,


in support


aimant signed an agreement,


transmitted


of this claim.


retaining and


rosecute his claim, and agreeing to


'an


equal


thirty-three


of any recovery of said claim and,


and


.i". *T claim*
BiThe- claim


expenses


incurred


of which firm
e Department


January


employing this


pay that firm for their


and


one-third


with


by them


Department of


State


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nerican Agency before this Commission; and on January


1924,


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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


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is ann di
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'H 1.j 1218,
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I.- ftv'e per
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and siib~
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with additional


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;


sequently


e
e


d


the
[th


Acting
Suffer


Agent o1
to $3,000.


Germany,


This


was


way


accepted


this Commission


of
by


com-
the


upon an


; of facts, as a result of which an award was rendered
,1924, as hereinbefore stated.


R.R 1 *. .*


iSubsequent to


.>.: *...:.
S.. ..r:M+.n.


F 192R Mr


the enactment of the "Settlement ol
* Thin ino ilviqpnd thp lnaimnt. nt t.


SWar


n


Claims


t.hin rsniira-


amount


cent


or claims and
in connection


was duly referred


their dis-


this


Spromse, increas
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: *:.. .IH 1 7 .. "., :* i
:.:: re'd statement
o :S"tember 18 .:.
.. .. e 1 8


claim was submitted to






298


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Act.


The


attorneys


wrote


claimant


on May


stating:


are surprised


that


have


it incumbent


on you


to make


ffifs


application now, after the claims have been paid to you,


in your belief that the


contingent fees


which


our services are excessive.


agreed
We do


to pay


us at the time


not share your


opinion


when


yin4'


engqed


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.


however,


some


time


elapse


before


the final


determination


b' .v ie.:
bwT :.:ttle


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


our office,


as you have indicated


that


would


your


earliest opp4r


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
murilly satisfactory.


be able to


agree


on an


amount


The claimant s ttes that Mr


menat witI me


which


was


Thiesing


unsatisfactory


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


not commensurate


with the


9e8c" rendered."
^ -^eA/3 es9
.. *N


tdoes not appear that, prior to the payment of his


t bected to tIe fee charged


by the


attorneys.


He undo


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


or not


there


was


recovery,


because of the certain


that the payment of a contingent fee would in any event be


delayed,


4<>
~Th"


anp4
that
and


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


tallyy rendered.


li claimant also contends that he accepted the off emen


<4









hf *$000*onAthefitem of personal infjtrii, while S the claims


parents the amount offered was $8,000; and that im claimant's


i-;:'- *'.',


Offet


was


increased.


Accordingly


each


S *r. .. i ." ,
!& 4ethree claims, the amount of the award for personal injuries
.:. .. *s-m e
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
H* X *i *
eiti.A Jula, Porto Rie
S .1 I ,,:,." .


'-'he


elaimatt's


paxnt~


(Docket


presented by their son, a lawyer residing


I,


whose


only


contact


with


Swas by correspondence; m the case of claimant, Mr.


Bil his sfldavit that


"had


occasion


discuss


American


Thiesing


this matter


.terman Agent at Washington with a view of increasing the


of the award for personal injuries,


with


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,


nit!


value of the services


rendered


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*ttenieys


.:- inted oat by the American Commissioner in his general Ad-
Etive and Jurisdictional Decision of September 28, 1928, and


hid


him


previous


decisions


in similar


proceedings


!M stoii~ This.


1, 8 35, and


whee dsirnaats are entirely cornm-


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h'Wtiz1b~ing
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look after their own


r


attorneys,


was


interests in


nob contemplated


making a fee agreement


Congress,


m Sti-


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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Sl* is .,-. -**- r etwe d shcows thlat at the time the claimant retained these at-


physician,


thirty years of


age,


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


t!


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300


The American


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


mon


pertinent to the questions involved, and after due deli


thereon,


The


American


Commissioner


decides


and


fixes


as the


to be


paid


by the claimant,


Carlos M.


Valle, to his


torneys,


Curtis, Mallet-Prevost,


Colt &


Mosle, in


this case,.


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


Treasury


Department in


payment of this a


in addition to the disbursements expended by the attorneys, s
"' "."'.ii
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


cution


and


collection


of this


claim,


as defined


Section


"Settlement of War Claims Act of 1928."


Done at


Washington, D. C., this 19th day of July, 1929.


CHAz4rDLUtE


ANDERSON,


American Commis sooner,
Miced Claims Commussi%
United States and Germ