Ethics of the Legal Profession

Ethics of the Legal Profession

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...the same person. Hence the enforcement of the rule would be but a fiction. The rule now in this country, with the exception of New Jersey, is that lawyers are entitled to collect reasonable compensation for their services, even in the absence of an agreement to that effect. The contract may therefore be express or implied."' As the distinction between solicitors, attorneys, counsel and barristers under the English rule does not prevail here, there seems no good reason why any such distinction as to fees should be attempted. The New jersey courts, however, still retain the distinction between barristers and attorneys to the extent of holding that the advocate cannot enforce the collection of his fees." In most instances in that state both ofiices are united in the same individual. 156. Bentley '0. Fidelity and Deposit C0. of Maryland, 75 N. J. L. 828, 127 Amer. State Rep. 842, note. 157. 2 Halsbury's Laws of England, 392. 158. McDougall 1/. Campbell, 41 U. C. Q. B. 332. ' 7--judge Sharswood, in his lectures on Legal Ethics, stated that in his judgment it had been neither to the honor nor profit of the bar to depart from the ancient rule in regard to the charging of fees. He seemed to think that the practice as it obtained in this country tended to fill the ranks of the profession with pettifogging, custom-seeking, money-making lawyers, which he said was "one of the greatest curses with which any state or community can be visited."11 The general consensus of opinion in the legal profession in this country at the present time is not in accord with the view just stated. In most jurisdictions it is held that a lawyer, the same as anyone else, should receive his payment in reasonable fees, rather than more

Product details

  • Paperback | 40 pages
  • 189 x 246 x 2mm | 91g
  • United States
  • English
  • black & white illustrations
  • 123686879X
  • 9781236868794