The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1921-09-09
$4,000 Fee Is
Claimed Excessive
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which accounts for the unusual
double staging of county court as
above described
Mrs. Platt, who was an inter-
ested spectator in the court room
during the proceedings, was rep
resented by George L. Hunt Of
Montpelier, and her son, George
Platt and the st. Johnsbury law
firm was represented by John G..
Sarg 2nt Of Ludlow.
The case brought to st Johns
bury an unusual galaxy of the le-
gal fraternity Of Vermont and
probably no case ever heard here
presented a more distinguished ar
ray OF witnesses.
It is the contention of the de-
tense that in view of all the cir
cumstances the fee charged was
reasonable, and in support of that
claim they introduced as witnesses
w. e. c. Stickney, Esq, of Rut-
land, Former Congressman Frank
Plumley of Mortified, Judge
Charles H. Darling Of Burlington,
Attorney General Frank c. Archi-
bald of Manchester and M. P.
Maurice, ESQ, of Brattleboro.
These distinguished members Of
the Vermont bar all testified that
the $1,000 fee charges in the
case was not too much, taking in
to consideration the value of the
man whose life was sacrificed IN
the accident which led to the ac-
ton of damages, the reputation
Of the attorney who was the chief
factor in the prosecution, and the
size of the record verdict obtain
ed. Each witness was on the
stand about d half hour and with
much wisdom and considerable
philosophy explained what ele-
ments entered into the establish
ing of the fee in such an import
ant case
Mr.. Stickney testified that he
had been practicing law in YER
mont since 1876, and that in his
judgment 4 fee of $1,000 with
$500 added for collection of the
claim was not too much. He said
that in view Of the Importance OF
the case the standing of the law
yer employed and the successful
issue he thought the price charg-
ed was wholly within reasonable
bounds.
Former Congressman Plumley
said that $4,000 would be rea-
sonable charge, and that in his
opinion, $6,400 would not be I'M
reasonable. He said that success
attained is one of the elements
favorable to large fee, and cor
rect preparation and Judgment in
the conduct of a case are ele-
ments of success. All these Mr.
Dunnett gave to this case.
Judge Darling said that, basing
his judgment on his 35 years le-
gal experience in Vermont courts,
$4,000 would BE- a minimum and
$1,000 maximum charge for fee
in such a case from any law firm,
but taking into consideration Mr..
Dunnctt's standing and ripe eX-
perience he allowed that this max
imum should be made a minimum
and that the charge made was a
just one. Judge Darling did not
think that a lawyer is a per diem
man. and that it is difficult to adj
just his compensation on So
much-a-day basis.
Atty-General Archibald has
been in Vermont practice for 35
years and he regarded $4,000 a
reasonable fee in this case taking
into consideration the time ex
pended, the standing of the attor-
ney and the amount of the YER
dict.
Mr.. Maurice, lawyer of %
years experience said that a $4,000
fee was in no way excessive, and
$4,000 would be reasonable. He
called attention to the extraol-
dinarily large verdict, when re-
sponsibil;ty on the part of the
defendant was admitted Jas a re-
markable testimony to the ability
and skill of the attorney in pre-
pairing and presenting The case,
and this ought to be taken into
consideration in the fee 70 be
charged.
Attorney Hunt in the case of
each witness made timely obiec-
ton and tried to ascertain what
lawyers in Vermont were accus-
toned to charge day for their
services and what lawyers in this
state charged 500 d day. Three
witnesses testified that they had
so charged and that they knew
Of others who made similar chalg-
es in cases of this importance.
The forenoon Friday was devot-