Summary

Portrait of Samuel Freeman Miller Samuel Freeman Miller Taylor v. Bemiss Bemiss — Opinion of the Court

Any other rule would work much hardship in cases of creditors of small means, residing far from the seat of government, who can give neither money nor personal attention to securing their rights. This, however, does not remove the suspicion which naturally attaches to such contracts, and where it can be shown that they are obtained from the suitor by any undue influence of the attorney over the client, or by any fraud or imposition, or that the compensation is clearly excessive, so as to amount to extortion, the court will in a proper case protect the party aggrieved.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Taylor v. Bemiss Bemiss — Opinion of the Court

Embry, 93 U.S. 548, that contracts by attorneys for compensation in prosecuting claims against the United States were not void because the amount of it was made contingent upon success, or upon the sum recovered. And the well-known difficulties and delays in obtaining payment of just claims which are not within the ordinary course of procedure of the auditing officers of the government, justifies a liberal compensation in successful cases, where none is to be received in case of failure.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Taylor v. Bemiss Bemiss — Opinion of the Court

Bemiss by a letter written from Louisiana, where she resided, asking them to accept a retainer in the case, by reason of a suggestion of a friend of hers in Louisiana, and she offered them 5 per cent. of the amount recovered as their compensation. To this they assented, and inclosed her a contract to that effect, which she signed and returned to them. She also executed a power of attorney to them, authorizing them to manage the case and receive the sum awarded to her.
Source: Wikisource

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