than it is.
The worst consequence is yet to be told,--its effect upon, professional
character. It turns lawyers into higglers with their clients. Of course
it is not meant that these are always its actual results; but they are
its inevitable tendencies,--in many instances its practical working. To
drive a favorable bargain with the suitor in the first place, the
difficulties of the case are magnified and multiplied, and advantage
taken of that very confidence, which led him to intrust his interests to
the protection of the advocate.[53] The parties are necessarily not on
an equal footing in making such a bargain. A high sense of honor may
prevent counsel from abusing his position and knowledge; but all have
not such high and nice sense of honor. If our example goes towards
making the practice of agreements for contingent fees general, we assist
in placing such temptations in the way of our professional brethren of
all degrees--the young, the inexperienced, and the unwary, as well as
those whose age and experience have taught them that a lawyer's honor is
his brightest jewel, and to be guarded from being sullied, even by the
breath of suspicion, with the most sedulous care.
A gentleman of the largest experience and highest character for
integrity and learning at the Philadelphia Bar, thus strongly confirms
the views which have been here expressed on the subject of contingent
fees: "And further," says Mr. Price in his concluding advice to
students, at the close of his Essay on Limitation and Lien, "permit me
to advise and earnestly to admonish you, for the preservation of
professional honor and integrity, to avoid the temptation of bargaining
for fees or shares of any estate or other claim, contingent upon a
successful recovery. The practice directly leads to a disturbance of the
peace of society and to an infidelity to the professional obligation
promised to the court, in which is implied an absence of desire or
effort of one in the ministry of the Temple of Justice, to obtain a
success that is not just as well as lawful. It is true, as a just
equivalent for many cases honorably advocated and incompetently paid by
the poor, a compensation may and will be received, the more liberal
because of the ability produced by success; but let it be the result of
no bargain, exacted as a price before the service is rendered, but
rather the grateful return for benefits already conferred. If rigid in
your terms, in protection of t
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