Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1905-02-06
JOHN II. MITCHELL AFTER SHYSTERS SENATOR PJ LES
REPRESENTATIVE BENIN HAS BILL
TO SUPPESS THEM.
Ambulance Chasing Pettifossers Are Alarmed.
But the Bill Will Receive the Enforcement
Of Reputable Attorneys. Payment Of Con.
tinsent Fees Regulated.

tIn9ent Fees Regulated.
House bill No. 40, introduced by Mr..
Benn, of Ch-halis county, has caused
much agitation among class of lawyers
in this state known as Ambulance
chasers." and has produced consequent
scnrrying of their forces to the capital
city.
This bill is one limiting the compensa-
ton of attorneys and regulating con-
tracts in relation to contingent fees iu
actions for the recovery of unliquidated
damages. The act provides that con.
tracts for the payment Of contingent fees
to attorneys shall be in writing and shall
not provide for the payment of more
than one.third OF the amount recovered
in srch action; it also provides that
where such contracts are made and the
plaintiff fails to recover, the cost shall
be taxed against both the plaintiff and
his attorneys. It is made unlawful for
the attorneys to withhold from his client
any portion of the moneys collected in
such an action except such as is author
lied by the act. aid for any violation of
its provisions the ttorney is subject to
disbarment.
1t is difficult for layman to see why
any high-minded attorney should offer
an objection to the passage of such an
act. The right Of person who, without
fault OH his own part, has been injured
or damaged by the wrongful or negligent
act OF another to be compensated for
such injuries il recognized by all. If
such injured person is poor or unable to
employ and pay an attorney to prosecute
his action, there is no moral improperly
in his making a contract with an at
torney for contingent fee, and there
ought, of course, to be no legal one. But
whenever such a claim is meritorous
one, one that ought to be prosecuted in
a court of justice. no honest attorney
should ask, or be willing to take, more
than one third Of the amount which the
person who has suffere,. an injury or
wrong may be entitled to recover to
compensate him for his damages. Con.
tracts which permit more than this are
unconscionable and unequitable and, if
necessary, ought to be prohibited by
law. The only fault in this bill, if any.
is that it permits too large a sum to be
paid as contingent fee.
The provision in the bill in relation to
the taxation of costs seems also to be
eminentlv just and proper. If the attor-
ney makes a contract with his client
that he is to receive one-third, or one
half, as has heretofore been the too
frequent practice, he becomes an inter.
ested party in the action. Why, then,
should he be permitted to share it's
fruits with his client and, if unsuccessful
in the action, leave the client to bear the
entire burden of costs?
This bill is one OF interest and i'm.
portance to every person who now suffers
or may hereafter suffer damages for
which he may have right of action
which it becomes necessar" for him to
prosecute. 1t will protect him in receiv-
ing at least fair measure of the COM
pensation which he is enti.leu ~ receive ;
it will tend to protect him from the
unconscionable demands too often made
by the class of attorneys who make this
character of litigation a speciality. The
bill is also one OF Importance to the
lumbermen, the loggers, the merchants,
the manufacturers and tie trans portation
companies of this state. 1t is a we'll
known fact that nearly one-half of the
time OF our courts is taken up by the
trial of actions OF this character. A large
portion OF them are purely speculative
and wholly without merit. Such actions
are waged only because the attorneys
who make it a practice to solicit them,
directly or indirectly, are, under the ex-
listing laws. permitted to speculate upon
the chance OF recovery, while the client,
with no greater interest in the result,
must bear all the expenses and take all
the risks of litigation. The multitude OF
this class OF actions, with which the
calendars af our courts are now crowded,
has not only become a great source oi
expense to the public, but a serious
menace to every material industry Of the
state.
1t is to be hoped that the legislature
will have the wisdom to enact house bill
No. 40 into law.-Tacoma Ledger.