The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-03-24

gown anu uISOdTTeQ, MS HdlllS otllSA-
en- from the rolls, because it was
shown that he chad a pecuniary in
terest in the event. of a certain
cause in which he was counsel, had,
in short, brought the suit for a con-
tingent fee.
/ Contingent fee cases were rather
a novelty in South Carolina when
I came to the bar. In 1877, I re-
member after a railway accident in
Anderson County, several suits for
! damages had been brought, and on a
change of venue they were tried in
! Abbeville. I remember when I was
employed by Mr.. C. C. Featherstone
to assist him, how astonished l was
to hear that the lawyers fees were
| all contingent on the recovery. The
amounts sued for, however, were
small compared with the large sums
now claimed.
The contingent fee practice has
enormously increased since that time
due in large measure. no doubt, to the
great development of the railroad
system and to the growth of facto-
ries and industrial corporations of
all kinds. 1t has had a very damaging
effect upon the morals of the legal
profession. Let me relate an appro-
pirate incident: Thirty-odd years
ago l was talking with a lawyer in
his Office in Atlanta. At that time I
was counsel of a railroad company.
The Atlanta lawyer said he was sur
prised that I would be the attorney
of a railroad, that 10 corporation
could employ his services; that it
was far more profitable to fight cor
porations in suits for damages; that
he then had just brought several suits
arising out of a railway disaster, and
he was sure his fees out of them
would be more than $4,000. Before
leaving Atlanta I had a talk with Mr..
Hammond, member of Congress and
a leading lawyer. We talked about
the other lawyer and his big damage
suit business. eyes," said Hammond,
she makes his living that way. He is
a terror. Some time ago a fine young
lawyer came to Atlanta and hung
out his single. I was sorry to learn
that he had written a letter to a man
who. had been injured in a railway
disaster, offering his services on a
contingent fee, I was interested in
the young lawyer and spoke to him
as a friend, telling him it was un-
professional to solicit business. He
admitted that he had written the let
ter, but said the young man, 4
was too late. Mr. So-and-So got ahead
of me. He had telegraphed and cap
tured the case"
The same Mr.. So-and-So actually
stole a case from an Augusta lawyer,
in this wise: A negro who had been
the Augusta lawyers servant, was Sc
T.Sus..:yI injured N q railway wreck.
1t was a clear Ease for damages.
While the lawyer was in correspond
ence with the railway company to
settle it out Of court, the negro went
on a "scurzhion" to Atlanta. When
limping about at the Union Depot, a
white mar asked him, whats the
matter with your leg?" "Got it hurt
on the railway" "How much did the
railway pay you?" Nothing YETI
Marse James in Augusta amt got
nothing for me yet" "You come with
me-" The white mar was the tout or
jackal of Mr.. So-and-So. He took the
negro in a cab to the Office, and the
negro readily gave his case to Mr.. So!
and-So who agreed to pay him .S25
a month until the case was ended.
All this was told me by the Augusta
lawyer himself, a most excellent man.
As. to Mr.. So-and-So, he amassed
great wealth, and was as successful
in politics as in damage suits.
May I add just one more incident?
1t will show to what dishonesty a!
damage case and contingent fee at
torney will on occasion descend. Il
give the facts as related to me by
~ " A. d. A1..- e To1,roLso