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

10 Justify g. which ought always to be
avoided, except as last resort to pre-
vent imposition and fraud
As. In fixing fees the following elements
should be considered. LIST The time and
labor required. the novelty and difficulty
OF the questions involved and the skill
requisite 10 properly conduct the cause.
ID Whether the particular case viii de-
bar the attorneys appearance for others
I'm cases likely TO arise out OF the tran
saction, and in which there Is a reason
able expectation that the attorney would
otherwise b. employed. and herein OF the
loss of other business while employed IN
the particular case. and the antagonism
with other clients growing out OF the
employment 3D. The customary charges
Of the bar for similar services. 4th. The
real amount involved and the benent re-
sulting from the service. 9Th. whether
the compensation was contingent or as
sured. 9Th Is the client a regular one.
retaining the attorney in all his business
No one of these considerations Is In Itself
controlling They are mere guides In as
certaining what the service vas really
worth: and in fixing the amount II should
never be- forgotten that the profession Is
p branch Of the adminstra ton Of justice
and not n mere money-gettng trade.
&C. Contingent fees may b. contracted
for but they lead TO many abuses. ma
certain compensation Is to be preferred.
A.. Casual and slight services should
he rendered without charge by one at
torney 10 another IN his personal cause;
but when the service goes beyond this an
attorney may be charged rs other clients.
Ordinary advice and services 10 the ram
ilv of "A deceased attorney should be rem
dered without charge in most instances
ord WHORE the circumstances make y
pro or to charge. the fees should generally
be- less than in case of other clients.
s. Witnesses and suitors should be
treated with fairness and kindness. When
essential 20 the ends Of justice 10 arraign
their conduct OF testimony, II should De
done without villihcatiOn or unnecessary
harshness. Fierceness OF manner and
uncivu behavior can add nothing TO the
truthful dissection Of a false witness tes-
timony and often rob deserved structures
of proper weight
40 II Is the duty Of the court and IT'S
officers TO provide for the comfort OF the
Jurors Displayiug special concern Tor
their comfort and volunteering To ask
favors for them while they are present
such as frequent motions 10 adjourn
trials or take "A recess, solely on the
ground Of the iury's fatigue or hunger
the uncomfortablencss Of their seats or
the courtroom and the lke-should be
avoided. Such intervention of attorneys
when proper. ought 10 be had privately
with the court. whereby there VIII be no
appearance OF fawning upon the jury
nor ground for ill-feeling OF the jury TO-
ward the court or opposite counsel, II such
REQUESTS are denied. For like reasons one
attorney should never ask another In the
presence Of the jury to consent 10 its dis
charge or dispersion; and when such re-
quest is made by the court the attorneys,
without indicating their preference.
should ask TO be heard after the Jury
withdraws. And all propositions from
counsel TO dispense with argument should
be made and discussed out OF the hearing
OF the jury.
50 An attorney ought never ~ con-
verse privately with Jurors about the
case: and must avoid all unnecessary
communication. even as 10 matters for
oien 90 the cause. both before and dur
ing the trial. Any other course no mat
ter how blam eless the attorneys motives.
gives color for imputing evil designs. and
often ioa6s % scandal IN the administra-
tIon OF justice.
H. An attorney assigned as counsel Tor
an indgcit prisoner ought not n ask
10 be excused FOR any light cause and
ehouid always he q friend 10 IN" defence
less and oppressed.