An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
protect the client from oppression and extortion.
It is not worth while, however, to quarrel with the decision. Let us
inquire rather what should be the course of counsel, without regard to
it. He certainly owes it to his profession, as well as himself, that
when the client has the ability, his services should be recompensed; and
that according to a liberal standard.[46] There are many cases, in which
it will be his duty, perhaps more properly his privilege, to work for
nothing. It is to be hoped, that the time will never come, at this or
any other Bar in this country, when a poor man with an honest cause,
though without a fee, cannot obtain the services of honorable counsel,
in the prosecution or defence of his rights. But it must be an
extraordinary--a very peculiar case--that will justify an attorney in
resorting to legal proceedings, to enforce the payment of fees. It is
better that he should be a loser, than have a public contest upon the
subject with a client. The enlightened Bar of Paris, have justly
considered the character of their order involved in such proceedings;
and although by the law of France, an advocate may recover for his fees
by suit, yet they regard it as dishonorable, and those who should
attempt to do it, would be immediately stricken from the roll of
attorneys.[47]
Regard should be had to the general usage of the profession, especially
as to the rates of commission to be charged for the collection of
undefended claims. Except in this class of cases, agreements between
counsel and client that the compensation of the former shall depend upon
final success in the lawsuit--in other words contingent fees--however
common such agreements may be, are of a very dangerous tendency, and to
be declined in all ordinary cases. In making his charge, after the
business committed to him has been completed, as an attorney may well
take into consideration the general ability of his client to pay, so he
may also consider the pecuniary benefit, which may have been derived
from his services. For a poor man, who is unable to pay at all, there
may be a general understanding that the attorney is to be liberally
compensated in case of success. What is objected to, is an agreement to
receive a certain part or proportion of the sum, or subject-matter, in
the event of a recovery, and nothing otherwise.
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