The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-10-04
ONE THOUSAND uCSONMNDMD DAUJT STONE MARRIED KINDERGARTEN TRAINING
MINIMUM FOR LAWYERS TIME IN
COURT.
Judge Gear Testihes About Fees and
Roasts Decision Given by Circuit
Judge Perry.

An interesting discussion of lawyers
fees took place in Judge Little's court
this morning when Judge Gear took
the stand as a witness i'm the matter of
the Application of the old firm of Hum
phreys and Gear for a fee for their work
in behalf of petition to terminate the
spendthrift trust of l<alua KapulIini.
Gear passed some vigorous comments
on decision rendered by Judge Perry
and later confirmed by the Supreme
Court, declaring with emphasis that he
considered ii an outrageous decision
and didn't believe now and never would
believe that 1t was law.
Judge Gear testified to having brought
the matter into Perry's court, together
with Humphreys, and having conducted
the case through a trial of over a week.
The firm had made an agreement with
Kalua Kapukini by which, If the estate
valued at about $4,000, was taken away
from the spendthrift guardianship of
Magoon, they were to be paid $3.50. If
the suit failed, there was nothing in
sight, for it was admitted that Kalua
If she was a spendthrift, could not make
such an agreement but Gear said ne
didn't see how the suit could possibly
fail.
HAD you a reasonable ground, when
you took up the case. for believing that
the action would be successful?" asked
Attorney George A. Davies.
II mad more than a reasonable
ground" said Judge Gear. II didn't
see how the matter could possibly be
decided against us. / didn't see then
and don't now and 1 never shall see
how a person under guardianship as a
miner, as this petitioner was up to the
time she was declared a spendthrift,
could become a spendthrift. She never
had any property to spend, and / didn't
see how anybody that was kept on an
4
could grow into q spendthrift. Judge
Perry decided the other way however,
and the Supreme Court sustained him"
Under the circumstances Gear said
he would not ask more than $500 as
fee, though the firm had done work
worth much more.
IF attorneys cannot make a thou
sand a month for actual time spent in
court" said Gear, they might as well
go out of business. The actual time
spent in court in this case amounts TO
over two weeks, leaving aside all the
time spent in preparation, in seeing wit
nesses and in getting up briefs" Judge
Gear added that he considered a brief
Of l6 pages, introduced in evidence, was
unanswerable, even though 1t had been
turned down in the courts.
In cross-examination Magoon wanted
to know If there had been an agreement
that if the petitioner lost she was to
pay nothing to the attorneys. Gear said
that there had been no such agree
ment, but that himself and Humphreys
had realized that if the case was lost
she would have no money to pay them.
They had advanced her $3.50 to help her
out and had never thought there was
any chance to lose the case.
"Do you not think that the attorney
for the petitioner was entitled to the
same for defending the case, having
done the same amount of work. asked
MagQon.
"I should say yes if / thought there
was any Defense" said Gear, but
never thought there was. Certainly you
did just as much work as we did. but
do not think you ought to have defend
ed the case at all"
"The court decided differently" said
Magoon.
"The decision of Judge Perry was an
outrageous decision, and / don't think
it ought TO have been affirmed" said
Gear. 81 don't see how a girl getting
or dollars a month could become
spendthrift. I don't see how anyone
under guardianship as a minor, who
never had any property under her con-
troll to waste, could be adjudged
spendthrift."
Judge Gear referred to the Fair will
case attorneys in San Francisco, who
got a fee of half million for case
that lasted only a week in court. The
fee was largely for the office work done.
He repeated that If a lawyer couldn't
get pay at the rate of at least a thou
sand a month, for the time actually
snent in court he had better close up
shop.
Attorney j. T. de Bolt was in court
and was called as witness. The case
was put to him, and he testified that he
considered $500 reasonable fee.
Judge Little took the matter under
consideration.
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