Decision no. ... in the matter of fixing reasonable fees for attorneys or agents under the authority of Section 9 of the...

E AMERICAN COMMISSIONER

ts MIXED CLAIMS COMMISSION

4 UNITED STATES AND GERMANY


DECISION NO. 9
IN THE MATTER OF
REASONABLE FEES FOR ATTORNEYS OR
UNDER THE AUTHORITY OF SECTION 9 OF
ItSETTLEMENT OF WAR CLAIMS ACT OF 1928"


DOCKET NO. 6179

1Horan, Admiistrator, Estate of Frederick von Seeth,
Deceased, Claimant
G. Detjan, Attorney


CHANDLER P. ANDERSON,

,t'"." American Commissioner.


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MIXED CLAIMS COMMISSION, UNITED STATES AND GERMANY ,.:

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



CHANDLER P. ANDERSON
American Commissioner
United States and GermanyiofiA
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CHANDLE P. ANERSON
American:Commissione
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CHANDLR P. ADERSO











THE AMERICAN COMMISSIONER
I" MIXED CLAIMS COMMISSION

UNITED STATES AND GERMANY
.A A .

DECISION NO. 9
IN THE MATTER OF

IfNG REASONABLE FEES FOR ATTORNEYS OR
*SNTS UNDER THE AUTHORITY OF SECTION 9 OF
EHE SETTLEMENT OF WAR CLAIMS ACT OF 1928"


DOCKET NO. 6179


[k-53
SW. Horan, Administrator, Estate of Frederick von Seeth,
Deceased, Claimant

G. Detjan, Attorney


1h.e above named claimant has duly filed with the American Com-
....qner a written request that he fix a reasonable fee to be paid by
p-to his attorney, G. Detjan, of St. Louis, Missouri, as compensa-
7i; for whatever services have been rendered by him on behalf of
with the authority of the said claimant, such services being of
characterr described in the provisions of Section 9 of the "Settle-
'of War Claims Act of 1928 ".
|.. e claimant requests that his attorney's fee be fixed because the
g iis made to him in his representative capacity, and, although
|admits that the fee, which he agreed to pay the attorney, is
able and satisfactory to him personally, and would not be
lstioned if the matter merely concerned him individually, he
:er"4weless desires to have an official ruling fixing the attorney's fee
oircter to satisfy those interested in the estate of which he is the
in.,istrator.
S:229S4-28 (75)


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The attorney has been duly notified of the filing by the claimani .4 ..
his request that a reasonable fee be fixed, and the attorney and ,'t:'
claimant have filed with the American Commissioner affidavits giving":.:
the information which they desire to have considered by the Com-
missioner in fixing a reasonable fee in this case, copies of which ::
affidavits have been exchanged between the claimant and the att6rne
In this case an award was rendered by this Commission on Octoi-:
30, 1925, on behalf of the claimant, for $1,444.26, with interest thereoa'.:
at the rate of five per cent. per annum from January 1, 1920, to the
date of payment, which amount represents a bank balance in a
German bank standing in the name of Frederick von Seeth, deceased,'
which became due to the claimant as the Administrator of hi:.
estate.
It appears from the attorney's affidavit that on December 28, 1922,:.'::'',.
the claimant retained this attorney to represent him before this Com- ::: ::
mission in the prosecution of this claim, and, for that purpose, gave. :,-
him a power of attorney, in which he agreed to pay to the attorney"
for this service a contingent fee equal to twenty per cent of the::',
amount recovered.
The character and extent of the services rendered by the attorney:'::::j:|
in this case are set out in the affidavits submitted, from which :it,:@i
appears that the petition, which was filed with this Commission, was, |.:
drawn by this attorney, and that, in the preparation and presentation. 7:::
of the claim, a number of conferences were held by the attorney, or a:,;l
member of his office force, with the claimant or others interested in
the estate, and that a number of letters were written to the American.::::.
Agent. The attorney also procured the documents on which the
claim was based, and proof of the American nationality of the heirs
of the deceased. The papers forming the basis of the claim were ::i
the German language, and had to be translated into the Englis":.1:
language, which was done at the expense of the attorney.
The claimant, who is himself an attorney at law, is quoted in thAW
attorney's affidavit as having stated that whenever in his former
practice he took charge of cases on a contingent fee, such fee as
rule was twenty-five per cent ", and that he considers the twenty '
cent fee in this case a reasonable fee in the circumstances.
The attorney further states in his affidavit, that his assistant;
Albert. Baum, had been employed before the War by Mr. Fredeti.J.
von Seeth, deceased, whose estate this claimant is now administ i0i









ih 'the work done by him at that time was of value in the
action and presentation of his claim, and that compensation for
i nm's services in that respect is to be paid by this attorney out
fee in this case.
claimant in his own affidavit admits that to the best of his
.,dge and belief the statements made in the attorney's affidavit

therefore, considering that the payment of the fee agreed
as contingent upon securing and collecting an award, and
his fee includes all disbursements, and that the claimant, who
t s agreement, was himself a practicing attorney, and fully
etent to protect the interests which were represented by him as
istrator of this estate, and considering the character and
0 of the value of the legal services rendered by the attorney,
hhe. concurrence by both the claimant and the attorney in the
"iableness of the fee agreed upon, and in view of the considera-
L' stated in the general Jurisdictional and Administrative Decision
4ered by the American Commissioner under date of September
4I928, and after careful examination and full consideration of the
prmation furnished in this proceeding by the attorney and the
giant and by the records of this Commission pertinent to the
i0ons involved, and after due deliberation thereon,
|;:American Commissioner decides and fixes as the reasonable
A 6be paid by the claimant Martin W. Horan, Administrator of
estate of Frederick von Seeth, deceased, to his said attorney,
lttjan, the fee agreed upon and fixed by them, namely, twenty
ait of the amount received by the claimant from the Treasury
iment in payment of his award, said fee to be paid by the
ait and received by the attorney as full compensation for all
ea rendered in the prosecution and collection of this claim, as
A-in. Section 9 of the Settlement of War Claims Act of 1928 ".
at Washington, D. C., this 12th day of November, 1928.
CHANDLER P. ANDERSON,
American Commissioner,
TO:. Mixed Claims Commission,
United States and Germany.

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UNIVERSITY OF FLORIDA



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