The American Law Record Volume 14 (Paperback)

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...