Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-21

advance. The amount Of the fees il not
determined until the lease" is tried. AZ the
rate per cent. is made 10 turn the question
whether the case will or not be litieated.
Besides engagements with counsel are per-
sonal trust and confidence in the talents,
skill and business tact Of the counsel
selected +; and in case of his death or in
ability to perform the contract, the client
would lose that for which he contracted, to
wit: personal service, which might not be
supplied by substitution, and no client
could be compelled 10 submit to the subsii-
tuition.
We therefore declare that in all cases,
where the relation Of attorney and client
exists, and il is desired to make further
professional engagements:
lst. That it is the duty of the attorney
TO have the contract (if there be one) clear
~ and definitely stated and understood, not
only its language, bat also in its spirit, legal
consequences, and practical results.
2nd. That the means used to obtain the
contract be free, not only Of fraud, actual
or constructive, but also of any other
unequiiable consideration.
3rd. That every material circumstance
or fact connected with the execution of the
contract and calculated TO inform the
client Of his rights and responsibilities, be
declared to him without reservation.
4th. That the attorney inform himself OF
all such facts and circumstances which
reasonably come within the knowledge, and
which would likely prevent the execution
Of the contract by the client. xxx.
9Th. That he does not contract for a
greater benefit than bis services are reason
ably worth, with reference to the trouble
and difficulties of the particular case,
amount involved, either of pecuniary char
acter or reputation personally, etc, etc.
9th. That the onus shall devolve upon
the attorney to show that the contract was
free from all fraud, undue influence and
exorbitancy Of demand
9TH. That the attorney, having performed
his part cf the contract reasonably and
with due skill and diligence, without re-
gard TO the result of the litigation, shall
be entitled to recover the amount specified,
provided he brings the contract within the
foregoing principles.
8th. In the absence Of contract, the
attorney is entitled 70 recover upon a
quanhtm merut for such labor as he shall
have performed.
We reverse the decree Of the Chancello r
and remand the cause, and decree that an
account be taken Of the services Of the de-
PENDANT, and he be allowed what the same
are reasonably worth, and that he have his
lien for the sum so found, and that COM
plainant execute 10 him bonds of indem-
nifty, with good and sufficient sureties, in an
10 Hin, l. nj
bonds which he has executed as the surety
of complainant upon such bond or bonds,
being executed and delivered according to
law. He shall pass to complainant all bills,
notes or other evidences of Indebtedness
belonging TO it and in his hands, as such
attorney, as well as all monies, except the
sum Of s., which shall be paid into the
court and held under its orders, subject to
be appropriated by decree to the amount of
the final recovery after allowing credit
for all sums heretofore paid.
EAST Special Judge.
DECREE. ..
These causes were heard before the
Judges Of the Supreme Court of Tennes-
see, sitting at Nashville on a transcript Of
the record from the Chancery Court at
GAINESVILLE, and we're argued by counsel
on a previous day Of the term, when il
appears that before the 10Th day of April,
1865, when the contract, the subject matter
of this controversy was made, j G. Horn
berger had been the attorney for the Plan
tsrs Bank of Tennessee, and that the re-
latiOn thus established had not been
severed; that the complainant, the Plan
ters' Bank, entered into said contract I'M
der a mistake of material facts the court
aequitting all parties of fraud, actual or
constructive, but being of opinion "that
the contract itself is ambiguous, indefinite
in lis consequences to the client, suscepti-
bic Of constructions that would lead to
uncomfortable advantages and ruinous
consequences, and that the differences
and dlsagreements we're apparent, and to
which it has led, spring legitimately and
necessarily from the contract itself, and
must entail disaster upon the Planters
Bank If it is permitted to be executed, doth
order and adjudge that the decree of the
Chancellor be reversed that said contract
contained in n letter from Hornberger,
dated 10th April, 1865" and Weaver's re-
ply thereto be annulled, vacated and set
aside that the relation of attorney and
client in respect to all notes, bills, claims,
suits and judgments of any kind, growing
out Of said contract, be, and it is put an
end TO; that an account be taken of the
value of defendant, Hornberger's probes
sional services in reference thereto that
he be allowed what his services have been
reasonably worth, charging hiE with all
sums heretofore received, and for the resi-
due n lein is declared TO exist in his favor
upon the funds in his ha1ds. Ii is further
ordered and decreed that complainant, the
Planters Bank Of Tennessee. shall execute
TO Hornberger bond for sufficient amount,
and with sufficient sureties to indemnify and
save him harmless upon all bonds which
ne has executed as surety for the com
plainant or either of them, for costa, or
for suing out attachment Injunction and
that when such bonds shall have been ex-
ecuted and approved by the Clerk and
Master of this court, who is authorized TO
take the same, the said Hornberger shall
pass TO complainant all bills, bonds, notes.
and other evidences of Indebtedness in his
hands rs attorney, and received under said
contract of the 10th Of April, 1865, and
shall account for and pay all monica col
lected, except the sum Of thirty thousand
dollars which shall be paid into court and
held under its orders, subjected to be APP
propriated by decree to the payment of
whatever may be found due to said Horn
berger. And it ia further ordered. that
tins cause be retained in this court, and
that the Clerk and Master of this court
take and state the account above ordered of
the services Of the said Hornberger, as at
torney and counsel Of said bank, make his
report in the premises to this court at its
next term. 1t ia further ordered. that.
with the assent Of the defendant, Horn
berger, iye-twenty bonds of the United
States may he substituted for the said sum
Of thirty thousand dollars above ordered
to be paid in and retained, such assent TO
be in writing and filed with the Clerk Of
this court.