Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-02-13
and II such a course IL Insisted on the
attorney should retire from the cause.
BEWARE OF BOLD ASSURANCE.

81. The miscarriage 10 which Justice
II subject and the uncertainty OF pre-
| dieting results, admonish attorneys 10
beware OF bold and confident assurances
to clients. especially where tho employ
ment depends upon the assurances and the
case is not plain.
30. Prompt preparation for trial, punctu-
allty IN answering letters and Keeping
engagements, are due from an attorney
TO his client. and do much to strengthen
their confidence and friendship.
80. An attorney Is in honor bound TO
disclose to the client at the time OF re-
| tainer all the circumstances OF his reia-
ton 10 the parties, or interest or connec-
ton with the controversy which might
| Justly influence the client in the selection
! OF his attorney. He must decline 10 APP
| pear in any cause where his obligations
or relations 10 the opposite party Will
hinder or seriously embarrass the full
and fearless discharge Of all his duties.
"a. An attorney should endeavor 10 OBJ
tain full knowledge OF his clients cause
before advising him. and Is bound TO give
him candid opinion OF the merits ana
probable result of his cause. When the
controversy will admit OF II, he ought 10
seek to adjust 1t without litigation, II
practicable.
AS TO TRUST PROPERTY 1.
30. Money or other trust property COM
ing into the possession OF the attorney
! should be promptly reported, and never
commngled with his private property or
used by him. except with the clients
knowledge and consent.
&c. Attorneys should, as far as possible,
avoid becoming either borrowers or cred
| itors of their clients; and they ought
scrupulously to refrain from bargaining
about the subject matter OF the Htgauoh'
so long as the relation of attorney ana
| client continues.
a. Natural solicitude OF clients often
prompts them to offer assistance Of add
| tfonal counsel. This should not be met
| ms IL sometimes is, as evidence or want
| of condolences; but, after advising frankly
with the client, it should be left TO his
determination.
90. Important agreements affecting the
rights of clients should as far as posi-
HE. be reduced to writing; but II is dis
honorable to avoid performance or an
agreement fairly made, because not re-
( duced 10 writing. as required by rules Oh
| court.
20. Attorneys should not ignore known
customs of practice of the bar OF par
ticular court. even when the law permits
without giving the opposite counsel timely
notice.
40 An attorney should not attempt TO
compromise with the opposite party
without notifying his attorney If pracu-
cable.
APPEAL TO THE CLIENT.
Al. When attorneys jointly associated
I'm a cause cannot agree as to any matter
vital to the interest Of their client, the
course to be pursued should be left TO
his determination. The clients decision
| should be cheerfully acquiesced in, unless
the nature OF the difference makes IL
! impracticable for the attorney 10 co-ope-
rate heartily ana effectively, In which
event It is his duty to ask TO De dis
charged.
40 An attorney ought not to engage in
discussion or arguments about the merits
of the case with the opposite party WIFI
out notice TO his attorney.
q. Satisfactory relations between at
torney and client are best preserved by
a frank and explicit understanding at the
| outset as TO the amount Of the attorney
compensation; and, where II is possible
this should always be agreed upon IN ad-
| vance.
"A In general II is better to yield some
thing to a clients dissatisfaction at the
amount Of the fee, though the sum DC
reasonable, than TO engage In lawsuit
10 iustify II. which ought always to be
avoided. except as a last resort TO pre-
vent imposition and fraud
HOW TO FIX FEES.
Ak In fixing fees the following elements
| should he considered: 1st The time ana
labor required, the novelty and difncuity
of the questions involved, and the skill
requisite to properly conduct the case
2d. Whether the particular case VIII de-
bar the attorneys appearance tor othelS
| liz cases likely to arise out OF the trans
| action. and in which there is reasonable
expectation that the attorney wouiu
otherwise be 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 en-
ployment 3D. The customary charges or
| tbe bar for similar services. 4th. the
| real amount involved, and the benent re-
! sulting from the service. 9Th. whether
| the conversation was contingent or as
sured. 9Th. Is the client regular one,
retaining the attorney in all his business
No one of these considerations is In ltseil
controlling. They are mere guides III as
certaining what the service was reaiiy
worth: and in fixing the amount u shoulu
never be forgotten that the profession Is
a branch Of the administration OF JUS
tice and not a mere money-gettlng traue'
AS TO CONTINGENT FEES.
4e. Contingent fees may be contracted
for. but they lead to many abuses anu
certain compensation is 10 be preferred.
a. Casual and slight services should De
rendered without charge by one attorney
70 another in his personal cause; put
when the service goes beyond this, an
attorney may be charged as other clients
ordinary advice and services TO the lahiiy
of n deceased attorney should be rendered
without charge in most instances, ana
where the circumstances make 1t proper
10 charge. the fees should generally De
less than in case OF other clients.
az witnesses and suitors should be
treated with fairness and kindness
When essential to the ends of justice 10
arralgn their conduct or testimony, IL
should be done without villihcation or
unnecessary harshness t1erceness OF
manner and uncivil behavior can add no
thing TO the truthful dissection or a
false witness testimony and often ROD
deserved structures of proper weight.
THE COMFORT OF JURORS.
49, 1t is the duty OF the court ana us
officers to provide for the comfort OF the
Jurors Displaying special concern LOT
their comfort and volunteering 10 ask
favors for them while they are present
such as frequent motions TO adjourn
,r,aIs or take a recess, solely on the
ground of the jury's fatigue or munger,
the Observation-Disclosures Of their seats or
the courtroom, and the hke-should De
avoided. Such Intervention OF attorneys
ln