property or used by him, except with the client's knowledge and consent. 41. Business Dealing with the Clients.-Attorneys should, as far as possible, avoid becoming either borrowers or creditors of their clients; and they ought scrupulously to refrain from bargaining about the subject matter of their litigation, so long as the relation of attorney and client continues. 42 Natural solicitude of clients often prompts them to offer assistance of additional counsel. This should not be met, as it sometimes is, as evidence of want of confidence; but after advising frankly with the client, it should be left to his determination. Important 43. Keeping Agreements with the Client. agreements, affecting the rights of clients, should, as far as possible, be reduced to writing; but it is dishonourable to avoid performance of an agreement fairly made, because not reduced to writing, as required by rules of Court. 44. An attorney should use his best efforts to prevent his clients from doing those things which the attorney himself will not do, particularly with reference to their conduct towards Courts, jurors, witnesses and suitors. 45. Taking Advantage of Opposite Counsel without No. tice to Him.-An attorney should not ignore known customs. or practice of the Bar or of a particular Court, even when the law permits, without giving opposite counsel timely notice. 46. (See synoptic heading to compilation, s. 45.) An attorney should not attempt to compromise with the opposite party, without notifying his attorney, if practicable. 47. In any matter, controversy or action, where the opposite parties are represented by attorneys, the attorneys of the respective parties shall confer and negotiate with each other and not with the clients. 48. When attorneys jointly associated in a cause can not agree as to any matter vital to the interest of the client, the course to be pursued should be left to his determination. The client's decision should be cheerfully acquiesced in unless the nature of the difference make it impracticable for the attorney to co-operate heartily and effectively; in which event, it is his duty to be asked to be discharged. 49. When Association with other Attorneys is Objectionable. An attorney coming into a cause in which others are employed, should give notice as soon as practicable, and ask for a conference, and if the association is objectionable to the attorney already in the cause, the other attorney should decline to take part, unless the first attorney is relieved. 50. When an attorney has been employed in a cause, no other attorney should accept employment as his associate, without previously ascertaining that his employment is agreeable to the attorney first employed. 51. (See synoptic heading to compilation, s. 45, supra.)— An attorney ought not to engage in discussion or arguments about the merits of the case with the opposite party, without notice to his attorney. 52. Explicit Understanding as to Compensation.-Satisfactory relations between attorney and client are best preserved by a frank and explicit understanding at the outset, as to the amount of the attorney's compensation; and where it is possible, this should always be agreed on in ad vance. 53. Suing a Client for a Fee.-In general it is better to yield something to a client's dissatisfaction at the amount of the fee, though the sum be reasonable, than to engage in a lawsuit to justify it, which ought always to be avoided, except as a last resort to prevent imposition or fraud. 54. Fixing the Amount of the Fee.-Men, as a rule, overestimate rather than undervalue the worth of their services, and attorneys in fixing their fees should avoid charges which unduly magnify the value of their advice and services, as well those which practically belittle them. A client's ability to pay can never justify a charge for more than the service is worth; though his poverty may require a less charge in many instances, and sometimes none at all. 55. (See synoptic heading to compilation, s. 54.)—An attorney may charge a regular client, who entrusts him with all his business, less for a particular service than he would charge a casual client for like services. The element of uncertainty of compensation where a contingent fee is agreed upon, justifies higher charges than where compensation is assured. 56. Elements to be Considered in Fixing the Fee.-In fixing fees the following elements should be considered: 1st. The time and labour required, the novelty and difficulty of the question involved, and the skill requisite to properly conduct the cause. 2nd. Whether the particular case will debar the attorney's appearance for others in cases likely to arise out of the transaction, and in which there is a reasonable expectation that the attorney would otherwise be employed; and herein of the loss of other business while employed in the particular case, and the antagonism with other clients growing out of the employment. 3rd. The customary charges of the Bar for similar services. 4th. The real amount involved and the benefits resulting from the services. 5th. Whether the compensation be contingent or assured. 6th. Is the client a regular one, retaining the attorney in all his business? No one of these considerations is in itself controlling. They are mere guides in ascertaining what the service was really worth; and in fixing the amount it should never be forgotten that the profession is a branch of the administration of justice and not a mere money-getting trade. 57. Contingent Fees.-Contingent fees may be contracted for; but they lead to many abuses, and certain compensation is to be preferred. 58. Compensation for Services Rendered to Another Attorney. Casual and slight services should be rendered without charge by one attorney to another in his personal cause; but when the service goes beyond this, an attorney may be charged as other clients. Ordinary advice and services to the family of a deceased attorney should be rendered without charge in most instances; and where the circumstances make it proper to charge, the fees should generally be less than in cases of other clients. 59. Treatment of Witnesses and Parties to the Cause.Witnesses and suitors should be treated with fairness and kindness. When essential to the needs of justice to arraign their conduct or testimony, it should be done without vilification or unnecessary harshness. Fierceness of manner and uncivil behaviour can add nothing to the truthful dissection of a false witness' testimony, and often deserves strictures of proper weight. 60. Attitude Toward Jury.-It is the duty of the Court and its officers to provide for the comfort of jurors. Displaying special concern for their comfort, and volunteering to ask favours for them, while they are present-such as frequent motions to adjourn trials, or to take a recess, solely on the ground of the jury's fatigue, or hunger, and uncomfortableness of their seats, or the Court room and the like-should be avoided. Such intervention of attorneys, when proper, ought to be had privately with the Court, whereby there will be no appearance of fawning upon the jury, nor ground for ill-feeling of the jury towards the Court or opposite counsel, if such requests are denied. For like reasons, one attorney should never ask another in the presence of a jury, to consent to its discharge or dispersion; and when such a request is made by the Court, the attorneys, without indicating their preference, should ask to be heard after the jury withdraws. 61. All propositions from counsel to dispense with argument should be made and discussed out of the hearing of the jury. 62. Treating jurors after the rendition of a verdict in favour of one client is disreputable. All like practices are disreputable, and should be scrupulously avoided. 63. Conversing Privately with Jurors.-An attorney ought never to converse privately with jurors about the case; and must avoid all unnecessary communication, even as to matters foreign to the cause, both before and during the trial. Any other course, no matter how blameless the attorney's motives, gives colour to the imputing of evil designs and often leads to scandal in the administration of justice. 64. An attorney assigned as counsel for an indigent prisoner ought not to ask to be excused for any light cause, and should always be a friend to the defenceless and oppressed. 65. The lawyer should study the law with the constant purpose to do what he can to amend and perfect it. 66. Except upon the ground that a moral principle is involved, an attorney ought never to counsel or approve the infraction or evasion of a valid law. The fact that the end to be gained is a political one will not justify any departure from this rule. 67. While an attorney should speak respectfully of the judiciary and of all lawful constituted authorities, and in the trial of causes and in all his dealings with the Court should demean himself towards it with deference and respect, he has, on the other hand, a right to expect and exact from the Court the same demeanour towards himself. It is unfortunate for the cause of justice when the Judge forgets his dependence on the Bar and forgets to pay it the deference and respect which is its due. 68. The qualities desirable in a Judge are courtesy, affability, even temper, patience, conscientiousness, legal learning, sound sense, and judgment, the moral courage to meet an issue squarely, and an impartial mind. 69. The Bar should never permit political considerations to outweigh judicial fitness in selecting material for the Bench, and it should earnestly and actively protest against the appointment or election of those who, in the general estimation of the Bar, are unsuitable for the Bench. 70. The enumeration of the foregoing duties shall not be construed to deny the existence of other duties equally imperative, though not specifically mentioned herein. VOL. XXVIII. C.L.T.R.-27 |