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18 been overruled to co-operate effec- terest in the subject matter of the litiga:ncy. In this event it is his duty to ask
tion which he is conducting. i'c clicnt to relieve him.
11. Dealing With Trust Property. Efforts, direct or indirect, in any way Money of the client or other trust propte encroach upon the business of another
erty coming into the possession of the inwyer, are unworthy of those who
lawyer should be reported promptly, and should be bretliren at the bar; but,
except with the client's knowledge and gevertheless, it is the right of any law
consent should not be commingled with ver, without fear or favor, to give prop
his private property or be used by him. et advice to those seeking relief against
12. Fixing the Amount of the Fee. unfaithful or neglectful counsel, gen
In fixing fees, lawyers should avoid erally after communication with the law
charges which overestimate their advice of whom the complaint is made.
and services, as well as those which un8. Advising Upon the Merits of a
dervalue them. A client's ability to pay Client's Cause. A lawyer should endeavor to obtain full knowledge of his
cannot justify a charge in excess of the
value of the service, though his poverty client's cause before advising thereon, and he is bound to give a candid opin- may require a less charge, or even none ion of the merits and probable result of
at all. The reasonable requests of brothpending or contemplated litigation. The er lawyers, and of their widows and miscarriages to which justice is subject, orphans without ample means, should by reason of surprises and disappoint- receive special and kindly consideration. ments in evidence and witnesses, and In determining the amount of the fee, through mistakes of juries and errors of it is proper to consider: (1) The time courts, even though only occasional, ad- and labor required, the novelty and difmonish lawyers to beware of bold and ficulty of the questions involved and the confident assurances to clients, especial- skill requisite properly to conduct the ly where the employment may depend cause; (?) whether the acceptance of upon such assurance. Whenever the
employment in the particular case will controversy will admit of fair adjust
preclude the lawyer's appearance for ment, the client should be advised to
others in cases likely to arise out of the avoid or to end the litigation.
transaction, and in which there is a rea9. Negotiations With Opposite Par
sonable expectation that otherwise he ty. A lawyer should not in any way
would be employed, or will involve the communicate upon the subject of con
loss of other business while employed in troversy with a party represented by
the particular case or antagonisms with counsel; much less should he undertake
other clients; (3) the customary charges to negotiate or compromise the matter
of the bar for similar services; (4) the with him, but should deal only with his counsel. It is incumbent upon the law
amount involved in the controversy and yer most particularly to avoid everything
the benefits resulting to the client from that may tend to mislead a party not
the services; (5) the contingency or the represented by counsel, and he should certainty of the compensation; and (6) not undertake to advise him as to the the character of the employment, whethlaw.
er casual or for an established and con10. Acquiring Interest in Litigation. stant client. No one of these consideraThe lawyer should not purchase any in- tions in itself is controlling. They are
mere guides in ascertaining the real val
the judicial forum the client is enti's! ue of the service.
to the benefit of any and every reme: In fixing fees it should never be for
and defense that is authorized by the gotten that the profession is a branch
law of the land, and he may expect his of the administration of justice and not lawyer to assert every such remedy o: a mere money-getting trade.
But it is steadfastly to le 13. Contingent Fees. Contingentborne in mind that the great trust of the fees lead to many abuses, and where lawyer is to be performed within ani sanctioned by law should be under the not without the bounds of the law. Tie supervision of the court.
office of attorney does not permit, muca 14. Suing a Client for a Fee. Con- less does it demand of him for any troversies with clients concerning com- client, violation of law or any manner pensation are to be avoided by the law
of fraud or chicane. He must obcy his yer so far as shall be compatible with own conscience and not that of his client. his self-respect and with his right to 16. Restraining Clients from Improreceive reasonable recompense for his prieties. A lawyer should use his bere services; and lawsuits
and lawsuits with clients efforts to restrain and to prevent his should be resorted to only to prevent in- clients from doing those things which justice, imposition, or fraud.
the lawyer himself ought not to do, par15. How Far a Lawyer May Go in ticularly with reference to their conduct Supporting a Client's Cause. Nothing towards courts, judicial officers, jurors, operates more certainly to create or to witnesses, and suitors. If a client pero foster popular prejudice against lawyers sists in such wrongdoing the lawyer as a class, and to deprive the profession should terminate their relation. of that full measure of public esteem 17. Ill Feeling and Personalities Be. and confidence which belongs to the tween Advocates. Clients, not lawyers, proper discharge of its duties than does
are the litigants. Whatever may be the the false claim, often set up by the un- ill feeling existing between clients, it scrupulous in defense of questionable should not be allowed to influence coun. transactions, that it is the duty of the sel in their conduct and demeanor 10 lawyer to do whatever may enable him ward each other or toward suitors in the to succeed in winning his client's cause. All personalities between counsel
It is improper for a lawyer to assert should be scrupulously avoided. In the in argument his personal belief in his trial of a cause it is indecent to allude client's innocence or in the justice of his to the personal history or the personal cause.
peculiarities and idiosyncrasies of counThe lawyer owes "entire devotion to sel on the other side. Personal collothe interest of the client, warm zeal in quies between counsel, which cause dethe maintenance and defense of his lay and promote unseemly wrangling, rights, and the exertion of his utmost should also be carefully avoided. learning and ability,” to the end that 18. Treatment of Witnesses and Lit. nothing be taken or be withheld from igants. A lawyer should always trcat him, save by the rules of law, legally adverse witnesses and suitors with fairapplied. No fear of judicial disfavor or ness and due consideration, and he public unpopularity should restrain him should never minister to the malevolence from the full discharge of his duty. In or prejudices of a client in the trial or