Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-01-26
To the EerroRs or THE WIud.

To the EniroRs THE Wuro.
| perceive an attemp. is now making TO reduce
the fees of Attornios in the Superior Courts OF
Chancery, and tho subject will soon be fully
considered by the Legislature, beg leave, through
tho columns OF your valuable paper, TO offer few
remarks, generally, upon the compensation allow
ed by law to those who minister in Courts of JUS
tice.
1t is hardly necessary to speak of the influence
exercised by the loyal profession in overy well 60
vernod community. The correct, prompt, and en-
lighencd administration of Justice, depends essen.
tally upon the ability, the industry, and integrity
OF the Bar The value of professional learning and
attnnmcnts, is seen in the support and patronage
which those qualities always command and in the
success which they always ensure. Causes of i'm
portance are rarely confdcd to Ignorance and
inexperienced 1t is found cheaper in the long run,
to employ the services of learned and talented
counsel, even at high price, than to trust the
management OF causes to incompetent hands, tho
for a compensation proportoned TO the feeble maa
of their abilities.
The Bar, also, constitutes q main pillar of sun
port to the Bench. The character of the one is
strongly and peculiarly impressed on the other
If counsel are roniss and negligent in the prepa-
| ration of thoir causes, they must be imperfoctly
heard and often enormously decided. If they are
but partially investigated and discussed by tho
counsel they will be but partially understood by
the Court; and in the hurry of trial. important
features and principles will DO often overlooked and
disregarded. On the contrary, careful and judi
cous preparation of the cause, clear statement of
the points which it involves, and a luminous expo
siton of the reasoning and authorities by which it
is sustained, are incredible helps to the Court i'm
bringing it to a correct decision. 1t is important
then, to the community, that the Bar should be
able. honest and vigilant Every inducement
should be held out, to bring learning and talent in
to the profession. Personal security and the rights
of private property, depend upon wise, prompt
| and impartial adminis ration of justice; and this
cannot DO effected without the fundamentally of
an able and efficient Bar. 1t is from this class,
that the Judges ofCour,s necessarily selected.
Another strong argument in favor of its influence
and responsibility.
What are the inducements held out to a young
man Of talents to embrace the profession Of tho
Law? 1t scans to nc that the Legislature, far
from encouraging, have thrown every obstacle in
the way of the,erofcssi They have regulated,
in all except tho defence of criminals, tho
compensation they IRE to receive, denying to them
ths humble, but vsry reasonable. privilege of ma
king their own eoptracts-and that compensation
so exceedingly scanty, that man in the State
can live by it-wilhout solitary privilege in
return, except that of examining the Records and
papers in the Clerks office, without charge.
| The fees allowed by law are
In tho Court of Appeals, $40 90
| In the Superior Courts OF Chanccry, l6 &c
In the General Court, when the Title
Bounds of Land come in question, Is &c
In all othor eases, 80
In the Superior and Inferior Courts of
Law, when the Title Bounds Of Land
come in question, 5 90
In the Inferior Courts in Chancory, 90
! In all other cases, 9 so
In the County and Corporation Courts, on
Appeals from Justices decisions, / IS
r or an opinion advice, in the General
Court, when no Suit is brought, IS
In the Inferior Courts, 81
For attending a Survey per diem, 3 So
These are what termed the Legal fees, and
IT the poor Attorney should happen to think that
fire dollars is too little compensation for bringing
a writ of right, or for defending action Of eject
pf,I IoC-,
many different titles, and should in an evil hour
agree to accept the nconsdcrable fee of $40, tho
law not only declares the contract for the extra
price utterly void, but imposes upon the luckloss
| wight fine of $3.50 for his extortion.
Is this restriction rcasonabIc-isit proper7 Does
the law impose any s1lutary restraint upon conn-
SELF Not even the shadow of restraint is i'm poscd
| The law has no practical operation 1t is a mere
dead letter. Like every Legislative enactment
winch is rcpugnant to reason and violates the mo-
raj sense OF the community, no man regards it.
Tho lawyer regulates his demand by the import
anee Of tie cause, the amount in controversy the
difficulties TO TIC encountered in its progress the
abiSy OF the client to pay, and the demand there
may be for his services. lie never thinks of rsf,r
| YInG to The Revised Code, to ascertain what the
Legislature may have though about the matter
And tho client accedes TO the demand, not because
the law has allowed it, but for the very Obvious rca
son, that no considers it but reasonable cor,ncn
satIou for tho services required TO be pcrforn,od
tccaIse the ssmo extent OF services, the same abiI
/ ity, tho same industry, the same attention TO the
| cause, cannot be bad for n less pricc
1t is idle then, for the Legislature of The aoun
| try TO attempt TO make contracts for counsel and
client. they can and will contract for Themselves
without legislative interpretations 1t is not nv To-
gislative cnacmsnts, regulating the fee in all cases
that the cupidity Of counsel is TO be restrained and
suitors protected from tbor extortion.
| Non fah avritiis, nee defcHs&Rbus isns
Tcmpus egct.
The evil, however, if found 10 exist, can he easi
~ remedied. Let tho contract between client and
counsel stand upon the footing of every other spe
cics of contract. Ifan unconscientious ADVANTAGE
has been taken Of the situation Of the sutor. and
an cxorbtant fee exacted the Courts Of Eo,itv
are always open for redress. They will examine.
with scrupulous care, every contract made bv per
sons standing in that relation; and if tainted with
fraud, oppression, they will not only set it aside
but, by the power which they possess over counsel
| as officers Of tIc Court, will punish thcm with