the subsequent acceptance of retainers or employment from others in matters adversely affecting any interest of the client with respect to which confidence has been reposed. Annot. Acting for adverse parties in different capacities or receiving compensation from adverse party, see Attorney and Client, Cent. Dig. § 27-30, 208, 229, 307; Dec. Dig. §§ 19-22, 113, 130. 7. Professional Colleagues and Conflicts of Opinion. A client's proffer of assistance of additional counsel should not be regarded as evidence of want of confidence, but the matter should be left to the determination of the client. A lawyer should decline association as colleague if it is objectionable to the original counsel, but if the lawyer first retained is relieved, another may come into the case. When lawyers jointly associated in a cause cannot agree as to any matter vital to the interest of the client, the conflict of opinion should be frankly stated to him for his final determination. His decision should be accepted unless the nature of the difference makes it impracticable for the lawyer whose judgment has been overruled to co-operate effectively. In this event it is his duty to ask the client to relieve him. Efforts, direct or indirect, in any way to encroach upon the business of another lawyer, are unworthy of those who should be brethren at the Bar; but, nevertheless, it is the right of any lawyer, without fear or favor, to give proper advice to those seeking relief against unfaithful or neglectful counsel, generally after communication with the lawyer of whom the complaint is made. Annot. Change and substitution of attorneys, see Attorney and Client, Cent. Dig. §§ 110-131; Dec. Dig. §§ 75, 76. 8. Advising Upon the Merits of a Client's Cause. A lawyer should endeavor to obtain full knowledge of his client's cause before advising thereon, and he is bound to give a candid opinion of the merits and probable result of pending or contemplated litigation. The miscarriages to which justice is subject, by reason of surprises and disappointments in evidence and witnesses, and through mistakes of juries and errors of Courts, even though only occasional, admonish lawyers to beware of bold and confident assurances to clients, especially where the employment may depend upon such assurance. Whenever the controversy will admit of fair adjustment, the client should be advised to avoid or to end the litigation. Annot. Negligence of attorney in advising client, see Attorney and Client, Cent. Dig. §§ 221, 222; Dec. Dig. § 109. 9. Negotiations With Opposite Party. A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel. It is incumbent upon the lawyer most particularly to avoid everything that may tend to mislead a party not represented by counsel, and he should not undertake to advise him as to the law. Annot. Duties and liabilities of attorney to adverse parties and third persons, see Attorney and Client, Cent. Dig. §§ 38, 39, 61; Dec. Dig. §§ 26, 38. 10. Acquiring Interest in Litigation. The lawyer should not purchase any interest in the subjectmatter of the litigation which he is conducting. Annot. Right of attorney to purchase demands for suit, and effect thereof as ground for disharment, see Attorney and Client, Cent. Dig. §§ 26, 51, 239-263; Dec. Dig. §§ 18, 38, 122-125. Champertous agreements, see Champerty and Maintenance, Cent. Dig. §§ 36-44, 47-51; Dec. Dig. § 5 (6, 8). 11. Dealing With Trust Property. Money of the client or other trust property coming into the possession of the lawyer should be reported promptly, and except with the client's knowledge and consent should not be commingled with his private property or be used by him. Annot. Authority of attorney as to disposition of client's money or other property, see Attorney and Client, Cent. Dig. § 143; Dec. Dig. § 80. Accounting and payment to client, see Attorney and Client, Cent. Dig. §§ 232-238; Dec. Dig. §§ 116-121. 12. Fixing the Amount of the Fee. In fixing fees, lawyers should avoid charges which overestimate their advice and services, as well as those which undervalue them. A client's ability to pay cannot justify a charge in excess of the value of the service, though his poverty may require a less charge, or even none at all. The reasonable requests of brother lawyers, and of their widows and orphans without ample means, should receive special and kindly consideration. In determining the amount of the fee, it is proper to consider: (1) the time and labor required, the novelty and difficulty of the questions involved and the skill requisite properly to conduct the cause; (2) whether the acceptance of enployment in the particular case will preclude the lawyer's appearance for otliers in cases likely to arise out of the transaction, and in which there is a reasonable expectation that otherwise he would be employed, or will involve the loss of other business while employed in the particular case or antagonisms with other clients; (3) the customary charges of the Bar for similar services; (4) the amount involved in the controversy and the benefits resulting to the client from the services; (5) the contingency or the certainty of the compensation; and (6) the character of the employment, whether casual or for an established and constant client. No one of these considerations in itself is controlling. They are mere guides. in ascertaining the real value of the service. In fixing fees it should never be forgotten that the profession is a branch of the administration of justice and not a mere money-getting trade. Annot. Right of attorney to compensation, contracts therefor and value and amount thereof, see Attorney and Client, Cent. Dig. §§ 292-350; Dec. Dig. §§ 130-145, 151, 152, 154, 155. 13. Contingent Fees. Contingent fees, where sanctioned by law, should be under the supervision of the Court, in order that clients may be protected from unjust charges. Annot. Validity and effect of agreement for contingent fee, see Attorney and Client, Cent. Dig. §§ 351-357; Dec. Dig. §§ 146-150. Agreement for contingent fee as constituting champerty, see Champerty and Maintenance, Cent. Dig. §§ 22-51; Dec. Dig. § 5. 14. Suing a Client for a Fee. Controversies with clients concerning compensation are to be avoided by the lawyer so far as shall be compatible with his self-respect and with his right to receive reasonable recompense for his services; and lawsuits with clients should be resorted to only to prevent injustice, imposition or fraud. Annot. Right of action for fees, defenses and practice, see Attorney and Client, Cent. Dig. §§ 358-377; Dec. Dig. §§ 157-169. 15. How Far a Lawyer May Go in Supporting a Client's Cause. Nothing operates more certainly to create or to foster popular prejudice against lawyers as a class, and to deprive the profession of that full measure of public esteem and confidence which belongs to the proper discharge of its duties than does the false claim, often set up by the unscrupulous in defense of questionable transactions, that it is the duty of the lawyer to do whatever may enable him to succeed in winning his client's cause. It is improper for a lawyer to assert in argument his personal belief in his client's innocence or in the justice of his cause. The lawyer owes "entire devotion to the interest of the client, warm zeal in the maintenance and defense of his rights and the exertion of his utmost learning and ability," to the end that nothing be taken or be withheld from him, save by the rules of law, legally applied. No fear of judicial disfavor or public unpopularity should restrain him from the full discharge of his duty. In the judicial forum the client is entitled to the benefit of any and every remedy and defense that is authorized by the law of the land, and he may expect his lawyer to assert every such remedy or defense. But it is steadfastly to be borne in mind that the great trust of the lawyer is to be performed within and not without the bounds. of the law. The office of attorney does not permit, much less does it demand of him for any client, violation of law or any manner of fraud or chicane. He must obey his own conscience and not that of his client. Annot. Nature of office of attorney and duty to follow client's instructions, see Attorney and Client, Cent. Dig. §§ 21, 220; Dec. Dig. §§ 14, 108. Argument and conduct of counsel, see Criminal Law, Cent. Dig. §§ 1655-1693; Dec. Dig. §§ 699-730; Trial, Cent. Dig. §§ 267-316; Dec. Dig. 88 106-133. 16. Restraining Clients from Improprieties. A lawyer should use his best efforts to restrain and to prevent his clients from doing those things which the lawyer himself ought not to do, particularly with reference to their conduct towards Courts, judicial officers, jurors, witnesses and suitors. If a client persists in such wrong-doing the lawyer should terminate their relation. Annot. Termination of relation by withdrawal of attorney, see Attorney and Client. Cent. Dig. § 121; Dec. Dig. § 76 (1). |