The Logan County banner. [volume] (Logan, W. Va.) 1889-1903, 1889-05-30

counsel III argument, Of per.
soual belief Of the clients limo
ace1 m kIIe justice Of his cause
IL ~ fd b II kcouraged.
III is indecent to hunt mp defect.
I in titles, and the like, and inform
thereof, in order to be employed
10 bring quit; or TO seek out 5
person supposed to have q cause
Of action and endcavor to get {
fee to litigate about it. Except
where fies of blood, relationship
Eor trust make it nm attorney.
duts. Is nnprofessionaI 10 Felun
Eteer advice to bring a lawsuit
Stirring up strife and litigation il
forbidden by law and disreputa.
bic in morals.
Communications and conf.
dence between client and attor
ney are the property and secret.
Of his silent, and cannot be di'
vulged except at his instance
even the death of thcclient doe.
not absolve the attorney from his
obligation Of secrecy.
- - .
Satisfactory relations between
attorney and client are best pre-
served by a frank and explicit
understanding at the outset as to
the amount of the attorneys com
pcnsation and where this is pos
-sible this should always be agreed
on in advance.
In general, It is better to yield
something to u clients dissatis-
faction at the amount Of the fee
th0ngh the--suIn- be reasonable,
than to engage in lawsuit to
justify it, which ought always to
be avoided, except as a last resort
to prevent imposition or fraud.
In fixing fees the following ele-
ments should be considered /:
LIST. The time and labor, required,
the novelty and difficulty Of the
questions involved, and the skill
requisite to properly conduct tire
cause. ID. Whether the parti-
eular ease will debar the atter-
ney's appearance for others in
eases likely to arise out of the
transaction, and in which there is
reasonable expectation that the
attorney would be otherwise en-
ploycd, ~antl ~%hereinaofn@ of
other business while employed in
the particular case, and the am
tagonism with other clients grow
ing out of the employment.
3D.. The customary charges of
the bar for similar services.
4th. TIE real amount involved
and the benefit resulting frolAzal7e
service. 9Th. Whether the conf
pensation was contingent or as
sured. 9th. Is the client regu-
lar one. retaining the attorney in
all his business .A t=oife OF these
considerations is in itself controll-
ing They are mere guides in
what the service was
really worth; and ms fixing the
amount should never be forgotten
that the profession is Q branch Of
the administration of Justice and
not mere money-gethng trade.
Contingent fees may be con-
tractcd for; but they lead to many
abftses, and certain-eempensation
is to be preferred.
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 rs other
clients. Ordinary advice and
services to the family of de-
ceased attorney shonld3be4ren-
dered without charge in most in-
stances, and where the circum-
stances make it proper to charge
the fee should generally be less
than in case Of other clients.
Witnesses and suitors should be
treated with fairness and kind
ness. When essential to the ends
of justice to arraign their con-
duet Of testimony, it should be
done without utilization or un-
necessary harshness. Fierceness
of manner and uncivil behavior
can add nothing to the truthful
dissection of Il false witnesses
testimony, and often rob deserved
structures of proper weight"