This historic book may have numerous typos and missing text.
Purchasers can usually download a free scanned copy of the original
book (without typos) from the publisher. Not indexed. Not
illustrated. 1886 edition. Excerpt: ...of the claim, whatever might
be the effect upon the other parties." Delinquent Attorneys--When
Liable to Summary Proceedings. In Burns vs. Allen--before the
Supreme Court of Rhode Island, May 1885--the plaintiff had
petitioned for an order of Court requiring the defendant to pay
over certain moneys collected by him as plaintiff's attorney. And
the question was whether the proceeding could be entertained, there
being a dispute between the parties as to the liability of the
attorney, as he claimed that the money which he had collected was
due him for his services to the plaintiff. The Court sustained the
petition, remarking as follows: "Proceedings of this kind, however,
can not be entertained when the case simply presents a difference
of opinion as to the fair amount to be retained for services. The
Court can not thus undertake to adjust accounts between counsel and
client. Bat when an attorney withholds the whole, or a sum so much
exceeding a proper or justifiable charge as to amount to a breach
of his duty and to raise a presumption of bad faith, the Court
which admits him to the privilege of practicing at its bar should
require of him the fulfillment of the obligations that attend the
privilege. Such a process is not, as contended by the respondent,
in contravention of his right to trial by jury. He is an officer of
the Court; he has taken an oath that he will demean himself, as an
attorney and counsellor of the Court, ' uprightly and according to
law.' When the Court undertakes to enforce this plain duty of its
officer, it is doing that which a jury trial can not do. It does
not undertake primarily to settle the rights and credits of the
parties, but only to require that its officers do not make illegal
exactions nor deny to...
|Country of origin:
||246 x 189 x 15mm (L x W x T)
||Paperback - Trade
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!