SCATES v. PRINCIPI

No. 01-7033.

282 F.3d 1362 (2002)

Mitchell SCATES, Jr., Claimant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee, v. Kenneth B. Mason, Jr., Intervenor-Appellant.

United States Court of Appeals, Federal Circuit.

March 13, 2002.


Attorney(s) appearing for the Case

John S. Groat, Attorney, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Robert E. Kirschman, Assistant Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and Michael J. Timinski, Attorney, Department of Veterans Affairs, of Washington, DC. Of counsel was Michael A. Leonard, Department of Veterans Affairs, of Washington, DC.

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for intervenor-appellant.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

A lawyer who formerly represented a veteran in his claim before the Department of Veterans Affairs ("Department") for benefits seeks twenty percent of the past benefits the Department awarded the veteran. His claim is based upon his retainer agreement with the veteran providing that amount as the lawyer's fees. During the proceedings before the Department, however, the veteran terminated the lawyer's representation and substituted a...

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