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

I
VIII preclude the lawyer 5 appearance
+ for others III eases likely to arise out
! Of the transaction, and in which there
! is a reasonable expectation that other
! wise he would be employed, Or will in
/ v0lye the loss of other business while
employed in the particular case or antag-
! onisms with other clients; go the Gus
| tomary charges of the bar for similar
| services; a. the amount involved in
! the controversy and the benefits result
! ing 10 the client from the Services ::
! % the contingency or the certainty Of
i the compensation, and (6) the character
! Of the employment. whether casual or
! for an established and constant client
| No one of these considerations in itself
| is controlling. They are mere guides
; IN ascertaining the real value of the
service
] In fixing fees it should never be for
gotten that the profession is a branch
of the administration of justice and not
a mere money getting trade
: 49, Contingent Fees. - Contingent
fees, where sanctioned by law, should
/ be under the supervision of the court,
IN order that clients may be protected
from unjust charges
IL. ouluS d Sl1C1lt LUZ d ( eC.-IO0-
troversies with clients concerning com
pensation are to be avoided by the
lawyer so far as shall be compatible.
with his self-respect and with his right
TO receive reasonable recompense for
his services; and lawsuits with clients
should be resorted to only to prevent
j injustice, imposition or fraud.
Is. How Far Lawyer May Go in
Supporting a Clients Cause.-Nothing
operates more certainly to create or to
foster popular prejudice against lawyers
as a class. and to deprive the profes-
sion of that full measure of public
esteem and confidence which belongs to
the proper discharge of its duties than
does the false claim, often set up by
the INSCRIPTIONS in defense of question
j able transactions. that it is the duty
Of the lawyer to do whatever may en-
able him to succeed in winning his
client s cause.
1t is improper for lawyer to assert
/ in argument his personal belief in his
client s innocence or in the Justice of
his cause.
The lawyer owes centre devotion to
the interest of the client, warm zeal in
the maintenance and defense of his
rights and the exertion of his utmost
learning and ability to the end that
nothing be taken or be withheld from
him, save by the rules of law, legally
applied. No fear of judicial disfavor
or public unpOpularlty should restrain
him from the full discharge of his duty.
In the judicial forum the client is en-
titled to the benefit of any and every
remedy and defense that is authorized
by the law Of the land, and he may eX-
pect his lawyer to assert every such
remedy or defense But it is steadfast-
y to be borne in mind that the great
trust Of the lawyer is to be performed
within and not without the bounds of
the law. The office of attorney does not
permit, much less does it demand of
him for any client, violation Of law or
any manner of fraud or chieane He
must obey his own conscience and not
that of his client
16 Restraining Clients from I'M
proprieties.-A lawyer should use his
best efforts to restrain and to prevent
his clients from doing those things
which the lawyer himself ought not to
do, particularly with reference to their
conduct towards courts. judicial officers,
jurors, witnesses and suitors. If a
client persists in such wrong doing the
lawyer should terminate their relation.
II. Ill Feeling and Personalities Be-
tween AdvocateS.-Chents, not LAWYERS.
are the litigants. Whatever may be
the i'll feeling existing between clients,
it should not be allowed to influence
counsel in their conduct and demeanor
toward each other or toward suitors
in the case. All personalities between
counsel should be scrupulouslv avoided.
In the trial Of a cause it IS indecent
to aIlude to the personal history or
the personal peculiarities and idiosyn-
crasies of counsel on the other side.
Personal colloquies between counsel
which cause delay and promote I'M
seem!y wrangling should also be care
fully avoided.
IS. Treatment of Witnesses and
Litigants.-A lawyer should always
treat adverse witnesses and sui-ors with
fairness and due consideration. and he
should never minister to the malevo-
lence or prejudices of client in the
trial or conduct Of cause The client
can not be made the keeper Of the law
yer's conscience in professional mat
tiers. He has no right to demand that
his counsel shall abuse the opposite
party or indulge in offensive personali-
ties. Improper speech is not excusable
on the ground that it is what the client