The times. [volume] (Richmond, Va.) 1890-1903, 1898-02-11

duty to other clients in the transaction
requires him 10 oppose.
% 1T is not q desirable professional
reputation TO live and die with-that OF A
rough tongue. which makes man to be
sought out and retained TO crafty the
malcyolcnt feeling Of "a sutton IN hearing
the other side well ,ashed and villihed"
q An attorney is under 10 obligation
10 minister 10 the malevolence or preju-
dice Of a client in the trial or conduct Of
"a cause. The client cannot be made the
keeper of an attorneys conscience in pro-
iessiOnal matters lie cannot demand as
Of right that his attorney shall abuse the
opposite party, or indulge In offensive
personalities. The attorney, under the So
lemnity OF his oath. must determine for
himself whether such a course is essen
tial TO the ends OF justice. and therefore
justinabie
-. Clients. and not their attorneys. are
the htigants. and whatever may be the
Il-fccling existing between clients. It IS
unprOfessional for attorneys 10 partake
OF ii IN thcir conduct and demoanor to
each other or to- suitOrs I'm the case.
- I'm the conduct of litigation and the
trial of causes. the attorneys should try
the merits of the cause, and not Try
ea<h other. il Is not proper 10 ailude to-
n comment upon. the personal history
or mental or physical pecuharities or
idiosyncragi,s OF opposite counsel fci-
sonaliies should always be avoided. and
the utmost courtesy always extended 10
IN honorable opponent
90 As to incidental matters pending the
trial. not affecting the merits OF the
cause. or working substantial prejudlce
to the right of the client. such as forcing
the opposite attorney 10 trial when ne Is
under affection or bereavement, forcing
the trial on a particular day 10 the Sc
rious injury of the opposite attorney,
when no harm will result from trlai AT
a different time the time allowed Tor
signing a Tin Of exceptions. crossing IN
terrogatories and the like. the attorney
must be- allowed TO Judge. No client has
A right 10 demand that his attorney shail
DEE Ullberal I'm such matters or that ne
should do ANYTHING therein repugnant TO
his own sense al honor and proprlety .
and If such a course IS insisted on the
attorney should retire from the cause
81. The miscarriage 20 which justice y
subject and the uncertainty Of predicting
results. admonish attorneys 10 beware oi
hold and confident assurances 10 clients
especially where the employment depends
upon tho assurance and the case IS not
plain. ,-, .,,.
a2 PROMPT preparation for trial pune
fualitv I'm answering letters ana ktcp'ns
crr,gcrnents. are due from an attorney
TO his client. and do much 10 strengthen
their confidence and friendship.
20 An attorney IS I'm honor bound 10
disclose 10 tho client az the time OF re-
tainer all the circumstances or ms Ie'e-
tion to the parties, or Interest OF con-
ucction with the controversy NhlDh il.5i ~
Justly influence the client I'D the seiec'lo''
az his attorney lie must decline 10 aP-
uear I'm any cause whore hts OBLIGATIONS
ar relations 10 the opposite party VIII MN
der or seriously embarrass the iuh anu
fearless discharge OF all his duties.
% An attorney should cndeavor 10 OBJ
tain fun knowledge of his clients cause
| before advising him, and IS bound 10 give
| him q candid opinion OF the merits ana
probable result OF his cause. When inc
controversy will admit OF H. ne ought 20
| seok to adjust it without litigation IL
practicable. 800,
"a Nancy or other trust property COM
inc into the possession OF the attorney
should be promptly reported. and never
| commingled with his private property
or used by him. except with the cllert $
knowledge and consent.
/ 30. Attorneys should. as far as pos
sible. avoid becoming either borrowers OF
! creditors OF their clients and they ought
| scrupulouslv TO refrain from bargaining
ABOUT the SNOJrCN Ho+tNi - - !,
so long as the relation or attorney anu
client continues.
II Natural solicitude Of clients often
| nrompts them TO offer assistance OF addi-
| ilonal counsel This should not ne met
az IL sometimes is, rs evidence OF want
| 81 confidence: but after advising frankly
| with the client IL should be lett 10 MS
| determination.
| q important agreements affecting tnc
| rights Of clients should, as far as possible
| he reduced TO writing; but II Is disnonor-
| able 10 avoid performance OF an agree
| mant fairly made. because not reduced 10
| writing. as required by rules or court
| 20 Attorneys should not ignore known
| crstoms or practice OF the bar Of par
| ticular court. even when the law permits.
| without giving the opposite counsel timely
| notice.
30. An attorney should not attempt 70
| compromise with the opposite party WIN
| out notifying his attorney II practcanle.
| Al. When attorneys jointly associated
| in n cause cannot agree az TO any matter
| -ital 10 the interest Of their client, the
| course TO be pursued SHOULD be left 10 his
! denomination. The clients decision
| should he chcerfullv acqucsced In. unless
/ he nature Of the difference makes II I'm
| practicable for the attorney 10 cooperate
| heartily and effectively. In which event
l II ~ his duty 10 ask 10 hc hiS'nhTe'h'
A. An attorney ought not 10 engage IN
| aiscussion or arguments about the merits
| ~ the case with the opposite party, with
| out notice TO HIS attorney.
| q. Satisfactory relations between at
'ornev and client are best preserved by
| a frank and explicit understanding az tine
| outset. rs TO the amount Of the attorneys
| oo-npensa lion: ard. where I, Is possible
his should always he agreed en- IN ad'
lance.
| a. In general. I, IL letter to Weld some
| thing to a clients dissatisfaction 81 the
! amount OF the fee. though the sum be
/ reasonable, than to engage In law suit