Full text : Settlement for accidents to American seamen

INTRODUCTION AND SUMMARY

7

had averaged as much as 50 per cent the seamen would have
recovered an average of $360.57, which is $108.04, or 23.1 per cent,
less than the probable recovery under the longshoremen’s act.

Legal Fees

Information as to legal fees charged in a number of cases in the
study was obtained from legal documents, depositions, reports, attorneys,
 and also directly from the seamen themselves, through the
cooperation of the Seaman’s Church Institute, New York City.
Such information indicates that the legal fees charged are almost
witRout exception contingent upon recovery and in most cases are
specified as 50 per cent of the settlement, although an occasional
case may specify as low as 25 per cent. A very few minor cases are
handled by representatives of charitable organizations for a small
fee, usually not exceeding 10 per cent.
Table 2 shows detailed figures for 22 cases in which the amounts
of the fees collected were verified. In reference to case No. 182 for
which data are shown in the table, it is necessary to point out that
the contract of retainer specified that the fee would be 50 per cent of
the settlement. The suit was brought through a representative of
the seaman’s widow, the widow at the time being a nonresident
alien. The attorney in the case, after collecting 50 per cent of the
settlement, also collected the sum of $594.94 to cover “expenses”
sald to have been incurred in the prosecution of the case. The fees
shown in the table do not cover any of the legitimate fees, court
cost, or other expense items usually incurred in the trial of such
cases, and all such charges have been eliminated from any of the
figures shown ag settlements in this study.

TABLE 2.—Net amount received by seaman or beneficiary in 22 cases

an

VMlethod of settlement

Agreement by attorney:
£058 NO, Bu coin mmmimsinsns RRA
2088 NO. § ccivinavociopsesy  SERaEE AE ammo
Case No. bb. __ SRR BEAR R rl removers
Case No. 70.________... .__.... -
Action compromised:
Case No. 9_.. FE
Case NO. 1 LL ea.
Case NO. | oe
Case NO. Tite ieee.
Case NO. 7, coool
Case No. £™. re SR)
Case No. ¢ wa ERR TSH
Case No. - —_——
Case No. ! .
Case No. a
Case No. ae
Case No. —
Case No. _
Case No. IO
Case No. PR
Case No. ‘RRR
Case No, 1. _____.__......... tine
Case settled b. jurv or judge:
Case No. 9

Amount of
aattlement

$183. 00
125. 00
100. 00
250 O00)

150. 00
100. 00
100. 00
75,00
,, 000. 00
L175. 00
300. 00
2, 750. 00
175.00
100. 00
2, 500. OC
150, 0
5, 000. 0
75. 0G
1, 000. 00
3, 000. 00
150. 00
2.000. 00

Net recovery
by benefiolarv


$133. 00
62. 50
75.00
150 00

75.00
50. 00
50.00
37. 50
500. 00
715.00
180. 00
1,375. 00
125. 00
57.0°
1,250 ©
75.¢
1,905. &r
30. Or
500. 0G
1,795. 00
70. 00

tL 000. OC

A mount

$50. 00
62. 50
25. 60
100. 00

75.00
50. 00
50. 00
37. 50
500. 00
460. 00
120. 00
1, 375. 00
50. 0
43.0
1,250.6
75. Ou
2, 500. 00
45. 00
500. 00
L, 205. 00
80. 00
000. or

Per cent
of total
"BOOVAYrY

2
50
25
40

50
zy

{
&.
45
£5
50

————————— r——— Weems i. te —AA A ee _
! $594.94 was collected by the attorney to cover “expenses” said to have been incurred in prosecuting the
            
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