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

iHE AMERICAN COMMISSIONER

MIXED CLAIMS COMMISSION

UNITED STATES AND GERMANY


DECISION NO. 14

i. .IN THE MATTER OF

| REASONABLE FEES FOR ATTORNEYS OR
WTS UNDER THE AUTHORITY OF SECTION 9 OF
P" SETTLEMENT OF WAR CLAIMS ACT OF 1928 "


DOCKET NO. 6208


American Trust Company, Claimant

1 C1Charles Josef Carey, Attorney
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CHANDLER P. ANDERSON
American Commissioner
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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
American Comtmi.sio.wr
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THE AMERICAN COMMISSIONER
MIXED CLAIMS COMMISSION

UNITED STATES AND GERMANY


DECISION NO. 14
IN THE MATTER OF
B4ING REASONABLE FEES FOR ATTORNEYS OR
Av:GENTS UNDER THE AUTHORITY OF SECTION 9 OF
I THE "SETTLEMENT OF WAR CLAIMS ACT OF 1928"


DOCKET NO. 6208


: American Trust Company, Claimant

Charmles Josef Carey, Attoriney


pihe-above named claimant has duly filed with the American Com-
m. lioner a written request that he fix a reasonable fee to be paid to
iWftorney, Charles Josef Carey, of San Francisco, California, as
7p:ensation for whatever services have been rendered by him on
tlf: of and with the authority of the claimant and of The Ameri-
i'F.$ank of San Francisco, which was the original claimant, and to
lithe business and assets of which the present claimant has since
Seeded, such services being of the character described in the pro-
o-ons of Section 9 of the Settlement of War Claims Act of 1928."
h-heo attorney has been duly notified of the filing by the claimant
-i request that a reasonable fee be fixed, and the attorney has filed
ithe American Commissioner an affidavit giving the information
hli he desires to have considered as showing the reasonableness of
Stee asked. This information has been brought to the attention
A. claimant bank, and it has replied that the facts stated in the
...y's affidavit are true and correct.
(101)


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102

In this case an award was rendered by this Commission on Octoi
30, 1925, on behalf of the American Bank of San Francisco, f
$10,803.65, with interest thereon at the rate of five per cent per annual"
from January 1, 1920, to the date of payment, which amount repre:::,:
sents a bank balance in a German bank standing in the name of the
American Bank of San Francisco, which was owing to said bank asa, ,:.;
of April 6, 1917.
It appears from the attorney's affidavit that from April 17, 1924,
to June 30, 1927, he was employed by the American Bank of San '
Francisco as one of its attorneys, and during that time prepared and -::::..
filed this claim; that. he believes that his compensation is dependent..:., :
upon the making and paying of an award; that he and the claimant;.:.' .
bank have not discussed the amount of compensation; that he believes. :
that 5 per cent to 71,. per cent of the amount to be paid under the- '...
award is a fair fee.
The claimant bank in its reply states that "we believe a payment
to Mr. Carey of six per cent of the amount of the award would be
proper. Such payment would, of course, be contingent upon the
payment of the award to us."
The character and extent of the services rendered by the attorney
in this case are set out in his affidavit as follows:
From April 17, 1924, to June 30, 1927, I was employed by the American Bank '
(now American Trust Company) as one of its attorneys, and during that time
prepared and filed the above numbered claim. Since that time I have prepared '
and filed all other papers involved. Conferences were had with claimant: and
its officers, and files and records examined. The matter of completing the
collection is still in my hands.
The period covered has been from April, 1925, to date. The actual time.- ,I
spent is unknown, but involved examination of records, and procuring of cer-
tificates of corporate reorganization, filing of claims and supplementary papers
required by the Commission. U
Now, therefore, considering that the payment of the attorney .'..
compensation was contingent upon securing and collecting an award,. i E
and considering the character and extent and value of the services .
rendered by him, and that the claimant and the attorney have. inm,:t
effect agreed that a fee of six per cent of the amount received is
reasonable fee in this case, which fee is satisfactory to the claimaIt :i"|i,
and in view of the considerations stated in the general JurisdictionsF'
and Administrative Decision rendered by the American CommiA-4l.







unaer date or september '2, 1128, and alter career examma-
!and full consideration of the information furnished in this
sending by the attorney and the claimant, and by the records of
commissionn pertinent to the questions involved, and after due
ration thereon,
American Commissioner decides and fixes as the reasonable
be paid by the claimant, the American Trust Company, to its
;attorney, Charles Josef Carey, the fee of six per cent of the
t received by the claimant from the Treasury Department in
of its award, said fee to be paid by the claimant and received
attorney as full compensation for all services rendered in the
snction and collection of this claim, as defined in Section 9 of
Settlement of War Claims Act of 1928 ".
e' t Washington, D. C., this 26th day of November, 1928.
CHANDLER P. ANDERSON,
",... American Commissaioner,
: Mixed Claims Commission,
.. United States and Germany.



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