more nearly a fiend than he who habitually
over-hauls the register of deeds in search of defects in titles, whereon
to stir up strife, and put money in his pocket? A moral tone ought to be
infused into the profession which should drive such men out of it.

The matter of fees is important, far beyond the mere question of bread
and butter involved. Properly attended to, fuller justice is done to both
lawyer and client. An exorbitant fee should never be claimed. As a general
rule never take your whole fee in advance, nor any more than a small
retainer. When fully paid beforehand, you are more than a common mortal
if you can feel the same interest in the case as if something was still in
prospect for you, as well as for your client. And when you lack interest
in the case the job will very likely lack skill and diligence in the
performance. Settle the amount of fee and take a note in advance. Then you
will feel that you are working for something, and you are sure to do your
work faithfully and well. Never sell a fee note--at least not before
the consideration service is performed. It leads to negligence and
dishonesty--negligence by losing interest in the case, and dishonesty in
refusing to refund when you have allowed the consideration to fail.

This idea of a refund or reduction of charges from the lawyer in a failed
case is a new one to me--but not a bad one.

1851

LETTERS TO FAMILY MEMBERS

TO JOHN D. JOHNSTON.

January 2, 1851

DEAR JOHNSTON:--Your request for eighty dollars I do not think it best to
comply with now. At the various times when I have helped you a little you
have said to me, "We can get along very well now"; but in a very short
time I find you in the same difficulty again. Now, this can only happen by
some defect in your conduct. What that defect is, I think I know. You are
not lazy, and still you are an idler. I doubt whether, since I saw you,
you have done a good whole day's work in any one day. You do not very much
dislike to work, and still you do not work much merely because it does
not seem to you that you could get much for it. This habit of uselessly
wasting time is the whole difficulty; it is vastly important to you, and
still more so to your children, that you should break the habit. It is
more important to them, because they have longer to live, and can keep out
of an idle habit before they are in it, easier than they can get out after
they are in.

You are now in ne