Page:The Green Bag (1889–1914), Volume 20.pdf/113

 THE GREEN BAG And in connection with these sections should be noted section 48 of the Alabama code, viz.: "48. Men, as a rule, overestimate rather than undervalue the worth of their services, and attorneys in fixing their fees should avoid charges which unduly magnify the value of their advice and services, as well as those which practically belittle them. A client's ability to pay can never justify a charge for more than the service is worth; though his poverty may require a less charge in many instances, and sometimes none at all." ' ' If no bargain about compensation is made by the attorney with the client, then the attorney must make his own charge in accordance with the foregoing principles. And if, as often happens, the client is dis satisfied with the charge, the matter is one for mutual adjustment. As is said in section 47 of the Alabama code: "47. In general, it is better to yield some thing to a client's dissatisfaction at the amount of the fee, though the sum be reasonable, than to engage in a law suit to justify it, which ought always to be avoided, except as a last resort to prevent imposition or fraud. "~ The ethical duties of lawyers by no means end with the taking of the case and the agreement as to fees. The lawyer must not borrow from his client, nor lend to him, must not commingle money or other trust property of the client's with his own, must attend promptly to all features of the case, must yield to the client's wishes in regard to additional counsel, must treat as confiden tial the communications and confidences of the client, must keep his agreements even if they are not in writing, and give written evidence of oral agreements if such evidence is called for, and in every way must conduct himself as a man of honor should. The various codes of legal ethics so provide. Not the least perplexing ethical duty which confronts the lawyer in the prepara•

1 Sec. 54 of Report of August, 1907, p. 34. 1 Sec. 53 of Report of August, 1907, p. 33.

tion for a trial is the coaching of witnesses. We lawyers have needed no psychological expert to teach us the imperfection of observation of witnesses and their honest oversights, illusions and delusions. We have always found it highly desirable to get our witnesses together and have them rehearse again and again the events to be testified about until all unconsciously or consciously agree where at first there was disagreement. The honest and experienced lawyer can tell in the vast maj'ority of cases whether he is expediting the cause of truth or verging on subornation of perjury in what he is doing. When a client or witness says to you, "But if I am asked so and so, what shall I say?" it does not necessarily mean that he wants you to suggest a perjured answer for him, but often means "What is the best legal way of putting my answer?" It is just there and in the drawing of affida vits, that the greatest temptation besets the lawyer; for in this day of apparently increas ing perjury the lawyer is often the keeper of his client's conscience. It is sufficient to say that in general the temptation is put one side and the honest and high-minded advice is given. • After the attorney undertakes the case he incurs certain ethical obligations toward the other party and his attorney. As a rule, he must not compromise with the opposite party without notice to the latter's attorney. He must be liberal in accomodating the just requests of the opposite party and his attorney as to incidental matters of the • cause. He must be fair to the opposite party's witnesses, though that rule is far too often transgressed as regards witnesses. He should avoid testifying for his client except in case of absolute necessity, and should avoid asserting his personal belief in the justice of his client's cause. As part of his fair dealing to the opposite party he should refrain from conversing with the jurors before and during the trial, and should not treat them after the trial, and he should not communicate or argue privately with the