The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-09-04

, ing Of witnesses capable Of establish
I my the iun0ceuse of the accused IS
| highly repGehensibIe
| 6, Adverse Influences and Conflict
| ing InteIests.-lt is the duty of law
! Yer at the time OF retainer to disclose
! to the client all the circumstances of
| his relations 10 the parties, ana any
| interest IN or connection with the con
| troversv, which might influence the
| client in the selection of N0unsel.
It is unprofessional to represent con-
| dictirg Interests, except by express con
/ sent Of all concerned given after a
| full disclosure of the facts. Within the
meaning Of this canon. lawyer repre-
sents conflicting interests when, in be
half Of one client. it is his duty to con-
tend for that which duty to another
client requires him to oppose.
The obligation TO represent the client
with undivided fidelity and not to d.
vuIge his secrets or condolences forbid
also the subsequent acceptance Of re-
tainers or employment from others in
matters adversely affecting any inter
est of the client with respect to which
confidence has been reposed.
:. Professional Colleagues and Con-
dicts of Opinion-A client 8 proffer of
assistance of additional counsel should
not be regarded as evidence of want
of confidence. but the matter should
be left TO the determination Of the
client A LAWYER should decline asso-
citation as colleague if it is objection.
able to the original counsel. but II the
LAWYER first retained is relieved, an,
other NAV come into the ease.
When lawyers jointly associated IN
a cause can not agree as to any matter
vital to the interest of the client, the
conflict of opinion should be frankly
stated to him for his final determina>
ton. His decision should be accepted
unless the nature of the difference
makes it impracticable for the lawyer
whose Judgment has been overruled to
cooperate effectively. In this event it
is his duty to ask the client to relieve
him.
Efforts. direct or indirect. in any way
to encroach upon the business of an.
other lawyer. are unworthy of those
who should be brethren at the bar:
but. nevertheless. it is the right Of any
LAWYER, without fear or favor, to give
proper advice to those seeking relief
against unfaithful or neglectful counsel,
8pH6GdI1N dlitI Win
LAWYER Of whom the complaint is made.
s. Advising Upon the Merits of
Clients Cause.-A lawyer should en-,
deavor 10 obtain full knowledge of his
clients cause before advising thereon,
and he is bound to give candid opin-
ion of the merits and probable result
of pending or contemplated litigation.
The miscarriages to which justice Is
subject, by reason of surprises and dis
appointments in evidence and witnesses,
and through mistakes of juries and err
rors of courts. even though only occa'
sional. admOnish lawyers to beware OF
bold and confident assurances to clients,
especially where the employment may
depend upon such assurance. Whenever
the controversy will admit of fair adj
iustment, the client should be advised
to avoid or to end the litigation.
g. Negotiations With Opposite
Partly LAWYER should not in any
way communicate upon the, subject OF
controversy with a party represented
by counsel; much less should he under
take to negotiate or compromise the
matter with him, but should deal only
with his counsel. 1t is incumbent upon
the lawyer most particularly to AVOID
everything that may tend to mlslead
a party not represented by counsel,
and he should not undertake to advise
him as to the law.
10 Acquiring Interest in Litigation.
The lawyer should not purchase any
interest in the subject matter of the
litigation which he is conducting.
H. Dealing With Trust Property
! Money of the client or other trust prop
erty coming intoethe possession OF the
4 lawyer should be reported promptly and
F., except with the client IS knowledge and
consent should not be commingled with
! his private property or be used by
/ him.
! -. Fixing the Amount of the Fee
. In fixing fees, lawyers should avoid
+ charges which overestimate their advice
and services. as well as those which
undervalue them. A clients ability to
pay can not Justify a charge in excess
! of the value of the service though his
poverty may require a less charge, or
even none at all. The reasonable re-
quests of brother lawyers. and Of their
widows and orphans without ample
means, should receive special and kind
ly consideration.
In determining the amount of the fee,
it is proper to consider: % the time
and labor required the novelty and
difficulty of the questions involved and
the skill requisite properly to conduct
the cause; 90 whether the acceptance