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B-183673 1 (1975-10-24)

handle is hein.gao/gaobadctv0001 and id is 1 raw text is: 01LERC o THE COMPTRr.-LER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE: OCT 24 1975 1-183673 MATTER OF: Douglas W. Swanson, Jr.* Attorney's Fees DIGEST: Employee's original claim for reimbursement for attorney's fees computed on 1 percent of mortgage value was denied for failure to provide itemiza- tion. Employee reclaims on basis that 1 percent fee is standard in area, regardless of nature of legal services performed. However, only attorney's fees specified by FTR para. 2-6.2c may be reim- bursed, thus necessitating itemization. Ninety- five percent of $316 attorney's fees may be reim- bursed to employee since only one item on list of legal services performed is not for reimbursement (office consultations) and attorney attributes 5 percent of total chargeable time to such consultations. Mr. James F. Wagner, an authorized certifying officer, Energy Research and Development Administration (ERDA), has requested a deci- sion by letter of April 10, 1975, as to whether he may certify a reclaim voucher for reimbursement of attorney's fees incurred by an employee incident to the purchase of a residence under the circum- stances described below. Mr. Douglas W. Swanson, Jr., an employee of ERDA, incurred legal and related expenses in the amount of $316 in settling his purchase on May 24, 1974, incident to his transfer to Pascagoula, Mississippi, on April 26, 1974. Mr. Swanson's original claim for reimbursement of this amount was denied by the agency on the basis of two decisions of this Office requiring itemization of attorney's fees. In support of his reclaim voucher, Mr. Swanson states that the legal fee would have been $316, or 1 percent of his mortgage, regard- less of the nature of the legal service rendered. His attorney states that since the 1 percent charge is customary in the area, detailed time records were not kept. Accordingly, Mr. Swanson argues that any item- ized statement provided now would be an obvious fabrication. However, Mr. Swenson's attorney has provided a summary, dated July 17, 1974, of the legal services which were performed. The summary is as follovat

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