Omaha daily bee., 1893-10-02
ETIQUETTE OF SPECULATIVE Law
SUITS.

In defending the principal provisions
OF the code of medical etiquette in his
very interesting article upon 'Medical
Etiquette, Quacks and Secret Rene
dies" in the October Forum Mr.. Ernest
Hart seeks some justification for the at
titude of the medical profession toward
nostrums and their promoters in the
similar code of etiquette which he says
Is observed among the legal profession.
The reference, however, is one
rather more suggestive than convincing.
I'm talking this matter over recently"
says he, "a distinguished American
lawyer mentioned to me particular cases
of legal etiquette in which, as if often
the case with our special code of medical
etiquette, the element of public advan-
tage was not at first sight apparent.
Thus it is a ule of legal etiquette that
no lawyer should undertake a specula-
tive suit; that is to say, one in which he
has a personal and financial interest in
its success and in which his payment is
to depend upon a favorable verdict"
Reference to this particular rule is
perhaps unfortunate for Mr.. Hart, be-
cause if he were more familiar with con-
ditions on this side of the Atlantic he
would know that it is regarded more in
the breach than in the observance. 1t
is a general custom among men of the
legal profession not to appear in the
prosecution or defense of their own cases,
just as there is among non of the medi-
cal profession to call in others when
they themselves nced medical advice.
But there is nc element of public ad-
vantage in instances of this kind. The
lawyer or the physician has found by
experience that when engaged upon
cases affecting him personally he is apt
TO overlook matters that would be per-
fectly evident to a trained outsider. The
reason that the lawyer does not, as a
rule, manage his own case is hat he
thinks it will be better managed by some
one else.
But the example just cited is evil
IDENTIFY not in point, because the lawyer
there would receive no payment at ali.
He is the litigant and his interest in the
outcome is the same as that of every other
litigant. What Mr.. Hart has in mind is
the case which a lawyer undertakes to
prosecute upon q contingent fee. The
entire fee may be contingent or only a
part-so long as any portion OF his com-
pensaTion depends upon success the suit
is, from the lawyers standpoint, a spec
ulative one. Let us ask how many law
yers are now practicing who have not
had cases of this kind? How many of
H.. ,.o,,1l - I.1.~. -. "a -- I
with q reasonable prospect of success?
And if, as is undoubtedly the case, the
great majority of lawyers eagerly take
up such cases, what then becomes
of the so-called rule of legal etiquette?
Whatever may have beer the uni
written code, there is nc such rule OBJ
served in this country, and there is no
good reason for its observance.
The only purpose of retaining a law
yer at a pecuniary compensation is to
secure the use CT his services in behalf
of the litigant What better way of en-
listing his best efforts than by melting IA
real interest in the case? And how can
a real interest in the case be more easily
created than by making the lawyers
remuneration depend upon a successful
outcome? Consider a case in which the
fee is fixed. If the lawyer is absolutely
certain hat he will receive the same
Pay whether he wins or loses, he is not
apt to give moro than a perfunctory
service. If his client is poor, and he
knows that he will nave difficulty in col
Letting his fee unless the suit turns out
favorably, he feels again the same spec
ulative element, although the fee is not
nOminally contingent.
Regarded from the standpoint OF en-
enlargement to litigation, the specula-
tive suit seems to be in line with public
policy. A reputable lawyer must have
a reasonable belief in the justice of his
clients cause before he will consent to
take the work upon such terms. On the
other hand, a sutton insistent upon prose-
cutting another, u%nmindful of possible
results, will have to guarantee payment
10 his lawyer if he wishes to have pro-
fessional aid. The rule, then, against
speculative suits has no adequate j~ustifi-