Knut v. Nutt

Citations

• 83 Miss. 365

Syllabus

<p>1. ASSIGNMENTS. United States. Claims against. Revised statutes of 77. S., sec. 3477. Attorneys. Contracts with. Rees for professional services.</p> <p>Under Revised Statutes of the United States, sec. 3477, providing that all transfers and assignments of claims against the United States, or any interest therein, and all powers of attorney for receiving payment of any such claim, or part thereof, shall ve void, unless made after the allowance of such claim:</p> <p>(a) An irrevocable power authorizing an attorney to prosecute a claim against the United States before any of the United States courts or any departments of the government, made before the allowance of the claim, is void; but</p> <p>. (6) A written agreement, made before the allowance of the claim, to pay an attorney an amount equal to one-third of any sum that might be allowed on a claim against the government, in consideration of services in securing its allowance, is valid, although executed at the same time with a void assignment of the claim to the attorney; since</p> <p>(e) Such a fee agreement does not invest the attorney with an interest in, or lien upon, the claim, but merely measures the personal obligation of the claimant to the attorney upon his services proving successful.</p> <p>2. Same. “Diplomatic negotiations.” Improper services.</p> <p>The obligation of an attorney to prosecute .a claim against the government in the courts or through such “diplomatic negotiations” as might be deemed by him best for the interests of his client, is not invalid, in the absence of proof that the parties by the use of the words “diplomatic negotiations” contemplated an improper procedure, or that improper services were rendered.</p>