An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
[50] Clippinger _v._ Hepbaugh, 5 Watts. & Serg. 315; Marshall _v._ The
Baltimore and Ohio Railroad Co., 16 Howard (S. C.) Rep. 336. That
champerty is an offence at common law, and that contracts of that
character, between client and counsel, are void on that ground, and as
against public policy, will be found to have been maintained in Rust
_v._ Larue, 4 Litt. 411; Caldwell's Administrators _v._ Shepherd's
Heirs, 6 Monroe, 391; Thurston _v._ Percival, 1 Pick. 415; Arden _v._
Patterson, 5 Johns. Ch. Rep. 48; Bleakley's case, 5 Paige, 311; Wallis
_v._ Loubert, 2 Denio, 607; Backus _v_. Byron, 4 Michigan, 535; Elliott
_v._ McClelland, 17 Alabama, 206. The cases on the other side, are,
Thallhimer _v._ Brinckerhoff, 3 Cowen, 643; Ramsay's Devisees _v._
Trent, 10 B. Monroe, 336; Bayard _v._ McLane, 3 Harrington, 216; Lytle
_v._ State, 17 Arkansas, 608; Newkirk _v._ Cone, 18 Illinois, 449; Major
_v._ Gibson, 1 Patton Jr. & Heath (Va.), 48; Wright _v._ Meek, 3 Iowa,
472. In New York, by the Revised Statutes, it was made an offence,
punishable by fine or imprisonment, and removal from the Bar, for any
attorney, counsellor, or solicitor, directly or indirectly to buy, or be
in any manner interested in buying, or to advance or procure money to be
advanced upon anything in action, with the intent, or for the purpose of
bringing any suit thereon. 2 Revised Stat. 386. The Code of Procedure
appears to have changed the law in this respect, and to enable parties
to make such bargains as they please with their attorneys. Code of
Procedure, s. 258; Satterlee _v._ Frazer, 2 Sandf. S. C. Rep. 142;
Benedict _v_. Stuart, 23 Barb. 420; Ogden _v._ Des Arts, 4 Duer (N. Y.),
275; Sedgwick _v._ Stanton, 4 Kernan, 289. In Kentucky there appears to
be a statute, which provides that any one not a party, receiving as
compensation for services in prosecuting or defending a suit the whole
or part of the subject-matter in suit, is guilty of champerty, and it
has been held that this statute extends to attorneys. Davis _v._
Sharron, 15 B. Monroe, 64. In England, contingent fees are held to be
clearly within the statutes of champerty and maintenance. Penrice _v._
Parker, Rep. Temp. Finch, 75.
[51] 2 Wallace, Jr. Rep. 452.
[52] 10 Casey, 299.
[53] Paciscendi quidem ille piraticus mos; et imponentium periculis
pretia, procul abominanda negotiatio, etiam a mediocriter improbis
aberit: cum praesertim bonos homines bonasque causas tuenti non sit
metuendus ingratus, qui si futurus, malo tamen ille peccet. Quinct. Lib.
xii, c. 7.
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