Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-12-30

executed eestue que not have any
ment the court upon bin alsd subseausay relieved ne
client Of all professional charges beyond costs out Of pocket
settled between an attorney and Client and security tender
ed and accepted by the solicitor while the court viewed Win
jealousy viglant scrutiny
cded that it should not be treated absolute nuIy
@ IN me case o. Howell vs.
which existed between the complainant and defendants
necessary prove actual fraud the part Of the aOr
ney the is bound aside the OF
in such the whole burden OF establishing the eus
dsraton is least UPON attorney The sftorasy
purchase this kind without showing hs be
enable Judgment Of the actual Of
subject Of the purchase and also as to the popey q sell
at the price offered and the neglect Of the attorney
the true state Of the facts himself VIII not sustain his
| purchase" -
In the case of Starr vs. vandsrheyen, Johns s5S the
court says: fhe court from general principles fsaey and
CLIENT guard any undue consequences
sung situation which he be supposed 70 stand
cour cites With special conmsndasion the remarks q the
Lord Chancellor Newman Payne, yes go saying sit
considerations of policy, the court, without entering
into The means used BY the attorney or the shass
parties, but merely the relation OF attorney and
CLIENT will order all transactions 70 be opened between tie par
would be defeated By reason OF security gwen o. settle
ment made, an Inquiry was precludedn
barrister, Alderman and Magistrate Of
City London had been Sheriff and Mayor vas excel
accountants closed all his transactions with his at
torney which transactions related to services sne
money oaned and receipts had been passed oetssn
errors N the general settlement but pointed specific
1he Judge says Ths cassof attorney ad client
an aesney has often been described Of the
court responsible for the protection OF
L his duty to apprse him Of The legal consequences
actions and decTeed the settlement to be opened and review
These cases. and many others indicate clearly the high
and While these are not cited BY hs court as cases see
ted om the of learning on this subject 10 e spe
they serve sources whence to draw few general principles
which principles that person standing IN relation to
having procured such party to execute an or con-
becomes afterwards the subject
Of litigation between the parties and assaed by the client
contract instrument but necessary to
sustain it paper Of high merits and TO DO this he must
show chiefly that the client understood the whole matter sd
tem fully and completely informed Of the nature result
and me Or was sass
circumstance likely to influence his mind or feelings against
the execution Of the and more than this must be show
namely that he has informed necessary
to give his client full information and in the greatest freedom
the Of the and its true legal construction
SO far as the client might command his legal knowecge II the
win third person. and to the extent that
the law imposes upon attorneyo npars 10 his client
| the legal consequences Of his acts.
An attorney apart by the law to expound 70 all
persons who hf the of the land relating the high
interests Of properly liberty and life To this end he Is IL
permitted charge for his services The relation
he bears his client implies the highest trust
The client lays bare to his attorney his very naur, ans heart
and relies him for support and protecer IN the
saddet hours of his e Knowing not which TO % TO at
rights puts himself under the guidance of his aor
ney, and confdes that he will lead hun Alright
|
client ali the facts relative the subject matter but explain
no bi n M he @ IN The oharacer Of case sup
posed the duty Of attorney himself
dealing with his CLIENT make just fair and reasonable con
free from complications nvOlvements and which nc intel
gen and reasonable man could fan to eo9Preaeno vos
disconnected and each item and part there must be
III written contract was susceptible constructions
fairly reasonably and the mind assented to upon
on would contract at all between the PARTIES and
were y contract Oetaesn a'tby na S he s,S o. it, aus
eePtb Of two cOnsructions and having pointed out this
liability Of the CONTRACTS proceed to know definitely aud clearly
An attorney dealing with his client for further professions;
show when he seeks to enforce it, that the latter fully under
stood its meaning and effect and that each understood
In the under consideration the defendant In the or
bank the time he acting treating with the
bank for another and much larger professional
the medium Of its principal officer, the cashier and all the
terms proposed reduced to writing and inclosed in
muncatons The real client the corporation and It
the duty of the attorney to guard and protect this client
even against its cashier other officer and see that it
did not suffer by mprovdent contract made by such OH
Ger, certainly with himself
seems from the letter OF the 10Th Of April 1885, land which
tanning in tangible forT the than any
other be based upon obligated and unlitigsted eases
Of the attorney about $40 q b notes etc. vita and
vitbout inorses who sr alsn where IL was necessary 10
number Of cases all tho parties paper insOven
In other instances the paper secured by colatera anc
these also went into the hands Of the attorneys and incu
dep in the above
One Of the differences which arise this contract may
be thus stated Suppose the attorney the principal on
the note in suit and the suit is tgated but ne obtains
Judgment procure satisfaction OF the execu
on ami is allowed his commission Of eight per cent on the
amount he then deems to the first in
dorser but has the same result and Is AoWee saS
commission eight per cent for this service he hlsy sues
with as before Here have allowed the at
Orney 81 cent Of the whole amount, and no practical
hana6 haEb hos evnd Now Oh
parties appeal to the Supreme Court and it is here
gaed here another allowance 90 the attorney, under
the contract of cent each appeal; suppose after
the judgment at law against more he deems BEST IN
procure satisfaction file bills against
respective parties Of equity to set sside
veyances for fraud here again in each he would be
titled to claim eight per cent? ana me same rsso - oo
tanned when apply the terms Of the contract TO the
by coaterals Now, this would DO the practical
result Of the contract III be applied as 2r
when this the schedule with its complication
low por cent yshps other items If char
ge allowed by it, then think of the whole being paid In
would work out in favor Of the attorney beforehand
becomes ana inc 5e bdS zen
full clear and definite understanding OF the contract be-
allowed stand moment against the bank in any
The CHARACTER Of the gentlemen engaged in this
forbid that it should be interpreted as well as their ea
tons 70 le coLPoIatoh' Sea ne nSs Ia 9ny i, W.
can readily suppose the officer Of the bank BY whom
tom between ceases and Claims which L was the duty
the to point out, could have believed that h'
claims into the hands of the attorney and u chs
litigation was brought to this court tour per sent aao
four all net tgated and even at this rat9
would have beep highly beneficial 90 the etor
new and oouc not any have peid him
less than S2 s50oOO and the claims all came from
partook Of common character the htgstol
involved in would have solved the difficult lega
questions Of many Of the others But hs grand result ~
tanned upon almost any construction Of his ~
literally being, at the least and necessarily 80
$50 with power given by 70 the attorney TO swell
to S606OO or more at discretion py reason OF the
might choose to hrlng-ah coming from one SnensaH
he litigation would end ia two years, induce
apply the trcest rules that attain ia the practice Of h
courts equity attorney and client. To moth
ing she at the time Of making the schedule tina
for the business Of bank application Of the obi
cations schedule Rice at the time he was treatn
Tor ans business as a competitor Of
Informed AT the time the contract closed think
contract ITSELF and IL its practical work
: ings upon items aud 'cases obligated and unitgated
with the reservation power the hands Of the attorney
increase bis remuneration to an exorbitaa demand snS
execute thu hands, by his liens aud RICH
retention set it aside without inquiring 70. fraud &C
tua or constructive either in the By which u wa
far acguttng all parties Of ali character Of fraud,
ces 70 the en susceptible that would lea
uneeaeonabe advantages and runeas eonsequenees an
II springs necessarily and egtmatey from the
i tract ITSELF and must entail disaster upon the
attorney should be scaled and brought TO quantum me
Tt Ne cannot conceive how contract Of the eharacte
Of this without an express stipulation distinctly aaie
that effect induce The belief that the fees were to
paid The amount Of the fees is not deerrsine
until the case Is tried Of per is male
the question whether the case VIII or ll not ts ~
fgated beside With counsel personal trs
the talents skill and GUINNESS tact OF n
counsel selected in Of his death or inability e pei
form the contract would lose that for whith
contracted toit: personal servics which might net
supplied by substitution, and no client could De oomPse
| 10 submit the Substitution.
declare that 10 all where the relation
attorney client exits AID Il il desired 70 make urhe
a | profe ssional engagement.s
That the duty Of the stormy 20 have the COZ
tract III there clearly and definitely stated and
y derstood only i language but also IN its Pirit
" ral congslusncts and prsctical results
9d That used obtain the contract be rei
not only OF fraud constructive but also Of
Al ether unequisabs consideTat.cE-
ii 81 That every material crcRancs fact connects