Lawyer's client

“ The lawyer becomes subject to the control of a body that is not itself a litigant and that, unlike the lawyers it employs, is not subject to strict professional discipline as an officer of the court. In addition, the lawyer necessarily finds himself with a divided allegiance-to his employer and to his client-which may prevent full compliance with his basic professional obligations. ”

“ The solicitor, whose client may be the plaintiff or the defendant, has prepared the case and knows its ins and outs as well as the personal peculiarities of the parties and witnesses who will be called, but he is unable to take any part in the trial and can only whisper an occasional suggestion to the barristers he has retained, by craning his neck backward to the leader behind him. ”

“ As a leading commentator has put it: “It is not necessary that an attorney-client relation have actually existed. One who consults a lawyer with a view to obtaining professional legal services from him or her is regarded as a client for purposes of the privilege.” ”

“ The gentlemen to whom were entrusted, by the favor of the President of the United States, the representation of our country in this great forensic controversy, have been somewhat differently situated from lawyers, in ordinary lawsuits, charged with the interests of clients. For, as we all know, the interest of the client and the duty of the lawyer are, for the most part, limited to success in the particular controversy that is being agitated, and, therein, the whole power of the lawyer and all his resources may be properly directed to secure the completest victory in the particular suit. ”

“ And, in this country, the distinction between attorney or solicitor and counsel is practically abolished in nearly all the States. The lawyer in charge of a case acts both as solicitor and counsel. His services in the one capacity and the other cannot be well distinguished. And, as a general rule, counsel fees, as well as those of attorney or solicitor, constitute a legal demand for which an action will lie. And whilst, as between party and party in a cause, the statutory fee bill fixes the amount of costs to be recovered, as between attorney or solicitor and client a different rule obtains. ”

“ Article 29
⁠When acting as legal counsel, a lawyer shall, in accordance with what is agreed upon, provide to the client opinions on relevant legal issues, draft and review legal documents, act as agent to participate in litigation, mediation or arbitration, handle other legal matters he is authorized to handle, and protect the lawful rights and interests of the client. ”

“ An attorney who has entered an appearance in a case may not withdraw without leave of court because the court's interest in making sure that a litigant is adequately represented and that the orderly prosecution of the lawsuit is not disrupted is paramount to a lawyer's personal interest in terminating a relationship with a client. ”

“ Remember that the province of the true lawyer is to keep his client out of trouble, rather than to get him out of trouble. An honest lawyer, of whom, thank Heaven, there are very many, notwithstanding the popular [73] prejudice of those who have suffered from litigation, will always try to steer you clear of litigation and loss.
In conclusion, then, always consult a lawyer in matters affecting your farm or property. The average fees of a lifetime will not exceed fifty dollars, and oftentimes valuable advice will be given free. Select one in whom you have confidence, and stick to him. ”

“ The best client in court for the lawyer is the silent client. One of the greatest calamities from the lawyer's point of view is when the client is on the witness stand and begins to get confidential with the judge and to tell him exactly how he feels about the whole matter. ”

“ If the matter has involved proceedings in court in which the solicitor's client has been successful, then various costs are allowed as part of the judgment to be recovered from the opposite side, although they do not necessarily equal the charges to be paid by the client, as will be explained when [66] dealing with the subject of costs. Solicitors, unlike barristers, may sue for their compensation and are liable for negligence, although not for mistaken opinions upon questions of law. ”

“ Two holes are dug in the disputed spot, in each of which the lawyers on either side put one of their legs, and remain there until one of them is tired, or complains of being stung by insects, in which case his client is defeated. An American writer has remarked that in the United States it is generally the client, and not the lawyer, "who puts his foot in it." ”

“ The latter is a fine client for any attorney to have on his list, being wealthy and liberal, but as the lady is giving her counsel, who has represented her in a legal way for four years, notice that she proposes to put her legal business in the hands of another lawyer, the dejected look upon the face of Attorney Lincoln is easily accounted for. ”

“ Lawyer’s Duties towards Other Parties.—The duties of the lawyer to his client do not exempt him from certain duties to other persons who have a part in the trial; for he is responsible to his own conscience and cannot act on the principle that he must win at any cost, or that the client takes all the blame for anything dishonorable that is done. ”

“ When a ruling is made in the course of a trial the lawyer, whose client is adversely affected by it, accepts it without further discussion, simply reserving his exception, if he have one, for purposes of review in a higher court. If, in addressing the jury, counsel exceed the bounds of professional license in commenting on testimony or alluding to the character of the parties, the court will check them without hesitation. ”

“ 'Sir,' said Mr Johnson, 'a lawyer has no business with the justice or injustice of the cause which he undertakes, unless his client asks his opinion, and then he is bound to give it honestly. The justice or injustice of the cause is to be decided by the judge. ”

“ Put another way, although a lawyer acts as an agent of his client, unions and trustees do not serve as agents of their members and beneficiaries in the conventional sense of being subject to their direction and control in pursuing claims. ”

“ He lays one hand on the Book, and the other is in the plaintiff's or defendant's pocket. He feeds upon his conscience, as a monkey eats his tail. He kisses the Book to show he renounces and takes his leave of it. Many a parting kiss has he given the Gospel. He pollutes it with his lips oftener than a hypocrite. He is a sworn officer of every court and a great practiser, is admitted within the Bar, and makes good what the rest of the counsel say. The attorney and solicitor fee and instruct him in the case, and he ventures as far for his client as any man to be laid by the ears. ”

“ Our decision today speaks to the interpretation of a statute, to the requirements of the law, and not to the professional responsibility of the lawyer. Lawyers, like all those who practice a profession, have obligations to their calling which exceed their obligations to the State. Lawyers also have obligations by virtue of their special status as officers of the court. Accepting a court's request to represent the indigent is one of those traditional obligations. ”

“ That an attorney is not liable to an action for negligence, at the suit of one between whom and himself the relation of attorney and client does not exist, for giving, in answer to a casual inquiry, erroneous information as to the contents of the deed. ”

“ In matters of policy, involving the form, timing, and substance of litigation, such attorneys are subject to the directions of petitioner and not of those nominally their clients. Further, the methods used to obtain litigants are not conducive to encouraging the kind of attorney-client relationships which the State reasonably may demand. ”

“ No less white, but more agitated, was the face of the defendant’s counsel, who instantly rose.
“For some unexplained reason, your Honor, my client desires to suspend further proceedings, with a view to effect a peaceable compromise with the plaintiff. As he is a man of wealth and position, he is able and willing to pay liberally for that privilege. ”

“ Rather, since plaintiff was consulting counsel and discussing a problem, issue or event that has legal implications, for the purpose of obtaining guidance, even before counsel is retained, she satisfies the requirement that the consultation be for the purpose of “becoming a client.” See id.
The third element of the privilege at issue requires that plaintiff have been seeking legal advice from the lawyers during the communication. Defendant argues that plaintiff, by her own admission, was not seeking legal advice during the communication with the lawyers. ”

“ If an attorney or solicitor delays his client's suits to work his own gain or over charges his client, the client can recover his costs and treble damages and the attorney and solicitor shall be disbarred. None may be admitted to any court of the king but such as have been brought up in the same court or is otherwise well-practiced in soliciting of causes and has been found by their dealings to be skillful and honest. An attorney who allows another to use his name shall forfeit 400 shillings and be disbarred. ”

“ We may be told that it is necessary for us to have a lawyer to present our case in a legal manner before the courts; but the less we have to do with this class of professional men the easier and cheaper will our difficulties be settled. ”

“ This accomplished, and the papers safely deposited away in the wallet, the attorney wrung his client by the hand, and that somewhat wildly, giving him to understand that he was to hold himself in readiness that very night to escape, and recommending him to sleep a little during the day, the better to support the toil of flight. He charged him, twenty times over, to be silent and wary, to look as wo-begone and despairing as possible, and above all things to hold no conversation that could be avoided, with his other counsel. ”

“ A professional class of temporal attorneys whose business it is to appear on behalf of litigants is prominent in the nation. The idea of representation has spread outwards from a king who has so many affairs that he can not conduct them in person. Men often appear to defend themselves in the king's court by attorney. But attorneys do not conduct prospective litigation for a client. Attorneys are now drawn from the knightly class of landed gentlemen, instead of ecclesiastical orders. ”

“ Attornies must produce receipts from under the hands of council, or other persons receiving fees, if requested by their clients, or they shall not be allowed them; and attornies must give in to their clients a true bill, under their own hand-writing, of all such fees, &c. one month before any action shall be brought against their clients for the same.
“No attorney shall delay his client’s suit from any advantage to himself, or demand more than his due fees and disbursements, under pain of a fine and disability to act. ”

“ An attorney is an officer of the court which admits him to practise, and he is subject to its discipline. He is liable to his client in damages for failure to exercise ordinary care and skill, and he can bring action for the value of his services. He has a lien on his client’s papers, and usually on any judgment in favour of his client to secure the payment of his fees. ”

“ The relations between counsel and client are of a very delicate and confidential character, and unless the utmost confidence prevails between them the client's interests must necessarily suffer. Whether in any case, in virtue of an agreement made, an attorney may successfully resist an application of his client to substitute another in his place, we need not stop to inquire. ”

“ Upon a report of the respondents, a committee of members of the bar, the plaintiff in error was ordered to be suspended from the right to practice as attorney unless he should refund to a client a fee received by him of $620 and interest within a time fixed. ”

“ Or, rather, their inclination is to confuse "a lawyer" with the law." A few confidential words with the old family attorney, they feel, and in some mysterious manner the affair is entirely off their hands. ”

“ Where the relation of attorney and client exists there is seldom any serious difficulty in determining whether the client has or has not a cause of action, or its nature and extent if one exists. Criterions of standard character are established in legal decisions by which every such controversy may be determined; but in the case before the court the defendant was never retained or employed by the plaintiffs, nor did they ever pay him any thing for making the certificates, nor did he ever perform any service at their request or in their behalf. ”

“ No counsel shall dare to make a bargain with his client for a part of the property to which he lays claim; [10] and, if he shall do so, he shall have no authority to act in the said office for him or for any other.
219. [Advocates are to be examined and approved by the president and auditors, and entered on the list of advocates; no one without a degree may appear in a court, except the party in his own behalf. Penalties graduated.]
220. [Advocates must use care and diligence in behalf of their clients, and conduct their cases honorably. Penalty: suspension, in the judgment of the court.] ”

“ An applicant for admission to practice law may justly be deemed to be aware of the traditions of the profession which he is joining, and to know that one of these traditions is that a lawyer is an officer of the court obligated to represent indigents for little or no compensation upon court order. ”