LEGAL FEES HEARINGS BEFORE THE SUBCOMMITTEE ON OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE NINETY-THIRD CONGRESS FIRST SESSION ON THE EFFECT OF LEGAL FEES ON THE ADEQUACY OF REPRESENTATION PARTS III AND IV SEPTEMBER 19 AND 20; OCTOBER 1, 2, 4, AND 5, 1973 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1974 24628 O For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C., 20402 - Price $6.50 24 1795T 155 COMMITTEE ON THE JUDICIARY JAMES 0. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas ROMAN L. HRUSKA, Nebraska SAJ J. ERVIN, JR., North Carolina HIRAM L. FONG, Hawali PHILIP A. HART, Michigan HUGH SCOTT, Pennsylvania EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina BIRCH BAYH, Indiana MARLOW W. COOK, Kentucky ROBERT C. BYRD, West Virginia CHARLES MCC. MATHIAS, JR., Maryland JOHN V. TUNNEY, California EDWARD J. GURNEY, Florida SUBCOMMITTEE ON REPRESENTATION OF CITIZEN INTERESTS JOHN V. TUNNEY, California, Chairman SAM J. ERVIN, JR., North Carolina MARLOW W. COOK, Kentucky BIRCH BAYH, Indiana CHARLES MCC. MATHIAS, JR., Maryland NEIL LEVY, A88istant Counsel (II) 1 83 37 144 84 STATEMENT OF SUBCOMMITTEE MEMBERS Wednesday, September 19, 1978 mittee on Representation of Citizen Interests.. Thursday, September 20, 1973 Tunney, Hon. John V., U.S. Senator from California, chairman, Subcom- mittee on Representation of Citizen Interests.. Armstrong, Walter P., attorney at law, on behalf of the American Bar Durham, Delores, car buyer, Washington, D.C.. of Lawyers' Minimum Fee Schedules", Goldfarb, Lewis H., homebuyer and plaintiff in Goldfarb v. Virginia State Bar; accompanied by: Alan Morrison, attorney at law.- Kornher, Mr. and Mrs. Kenneth L., homebuyers, Fairfax County, Va... Ring, Leonard M., president, Association of Trial Lawyers of America; accompanied by: Jack Travis, treasurer, Association of Trial Lawyers Rothschild, Professor Donald, George Washington University Law School; accompanied by: Ricardo D. Moreno, president, Ayuda, law student; Center, George Washington University Law School - Weaver, Peter, nationally syndicated consumer columnist. Woodson, James, on behalf of Virginia State Bar.. Wilson, Bruce, Acting Assistant Attorney General, Antitrust Division, U.S. Department of Justice; accompanied by: Lewis Bernstein, Chief of Litigation Section; Keith I. Clearwaters, special assistant to the EXHIBITS AND APPENDIX DOCUMENTS AND CORRESPONDENCE Bernstein, Lewis, chief, Special Litigation Section, Antitrust Division, U.S. Department of Justice, remarks prepared for the National Con- ference of Bar Presidents, August 4, 1973.- Burns, Kenneth J., Jr., secretary, American Bar Association, letter to Presidents of State and local Bar Associations dated November 14, 1973, suggesting consideration of canceling minimum or suggested fee Folk, Harold, president, United Buying Service, letter to Senator Tunney TH 181 Page 66 174 36 Ink, Dwight A., Acting Administrator, General Services Administration, letter to Senator Tunney of September 21, 1973. Department of Justice, address before New York State Bar Association, January 24, 1973... Court," letter to subcommittee staff member, Matthew Schneider, dated October 24, 1973. United Buying Service, dated October 10, 1973.- of Kentucky Bar Association, dated September 25, 1973, rescinding Wilson, Bruce B., Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice, remarks before Pennsylvania Bar Associa- tion Conference of County Bar Officers, March 25, 1972.. 15 U.S.C. $1, Sherman Act---- 41 195 184 93 105 121 185 154 JUDICIAL AND ADMINISTRATIVE MATERIALS pending); brief for appellant, Goldfarb. Goldfarb, et al., v. Virginia State Bar, Civ. No. 73–1274 (4th Cir.) (appeal pending); brief for appellee, Virginia State Bar.. Arnould and Corley, Fee Schedules Should be Abolished, 57 A.B.A.J. 655 (1971)--- Book Review on: Christensen, "Lawyers for People of Moderate Means 5 VALP. U.L. Rev. 683 (1971) - Ferren and Synder, Antitrust and Ethical Aspects of Lawyers' Minimum Fee Schedules, 7 REAL PROPERTY PROBATE AND TRUST JOURNAL, 726 (1972). Note, A Critical Analysis of Bar Association Minimum Fee Schedules, Note, The Wisconsin Minimum Fee Schedule, A Problem of Antitrust, 1968 Ronald Kessler, “The Settlement Squeeze--II," Reprinted from The Washington Post, Monday, January 10, 1972. S. 2101, a bill to amend the Truth in Lending Act to protect consumers against unfair billing practices, and for other purposes, viz: Add the following new title at the end thereof. Intended to be introduced by Senator Proxmire, 93d Cong., 1st sess- S. 2228, a bill to provide for greater disclosure of the nature and costs of real estate settlement services, to eliminate the payment of kickbacks and unearned fees in connection with settlement services provided in federally related mortgage transactions and for other purposes. Intro- duced by Senator Brock, 93d Cong., 1st sess - GOVERNMENT REGULATION AND SUBSIDY STATEMENT OF SUBCOMMITTEE MEMBERS Monday, October 1, 1973 Tupr---Hon. John V., U.S. Senator for California, chairman, Subcom- Tuesday, October 2, 1973 Tunney, Hon. John V., U.S. Senator for California, chairman, subcom- 504 444 495 328 Bonner, Raymond T., attorney, Public Citizen, Inc., contributing author, “The Nader Report on Vietnam Veterans and the Veterans Ad- by: Howard Denney, assistant general counsel; and James Taffe, Compensation and Pension Service, Veterans Administration American Legion; accompanied by: Edward Golembieski, director, Veteran Affairs and Rehabilitation, American Legion -- testifying on behalf of Arnold Miller, president, United Mine Workers of America.. Nussbaum, Harold J., attorney at law, Washington, D.C.. Popick, Bernard, director, Bureau of Disability Insurance, Social Security Administration; accompanied by: Joan Hutchinson, Deputy Assistant Secretary For Welfare Legislation; Hugh A. Meade, Jr., chief, Miners Benefits Branch; and Gerald G. Altman, Jr., chief, Cash Benefits Branch, Social Security Division, Office of the General Counsel, Depart- ment of Health, Education, and Welfare - Smith, Cawood, attorney at law, Harlan, Ky-- Snyder, Nancy, director, Division of Coal Mine Workers' Compensation, Office of Workmen's Compensation Programs, Department of Labor; accompanied by: James Johnston, associate solicitor, Division of Employee Benefits, Department of Labor.-- Yocum, James R., Commissioner of Labor, Commonwealth of Kentucky; accompanied by: Robert Hawkins, Chief Counsel of Special Fund.. STATEMENTS SUBMITTED FOR THE RECORD Coburn, Fred, miner, Hippo, Ky - Crum, Oscar, miner, Arkansas Creek, Ky- Greene, Hon. Harold H., Chief Judge, Superior Court of the District of Hewitt, James F., Federal Public Defender, Northern District of California, Hubbard, Marion, miner, Manchester, Ky- 326 EXHIBITS AND APPENDIX DOCUMENTS AND CORRESPONDENCE 503 The Americal Legion, Fact Sheet on Judicial Review of Veterans Admin- istration Decisions.. Application for Adjustment of Chaim, Form No. 11, Kentucky Workmen's Application for Program of Education or Training (under ch. 34, title 38, Black_Lung Task Force, Final Report and Recommendations, prepared by Public Systems, Inc., Louisville, Ky. Kirks, Director, Administrative Office of the U.S. Courts. 363 675 |