ance for bringing suit on a note the consideration of which had utterly failed. The holder of the note was notoriously unscrupulous and evidently hoped, by bringing suit, to frighten the defendant into paying the note or offering to compromise. The young lawyer who was acting for the plaintiff replied that it was not his affair, and whether he approved or disapproved he was under obligation to his client to do what the client asked him to do.

Such philosophy as this led to the attorney's undoing. It has been seven years since the instance related and now, for a number of iniquitous transactions, the attorney and his client, together with a dozen others, are under indictment. A part of them have been convicted, and the others are to stand trial for the second time.

If the lawyer referred to had started out with a different code of morals, he would doubtless have been successful and happy to-day, instead of being a ruined and discredited man facing another harrowing ordeal of trial for crime.

§ 37. IS IT A DUTY TO ADVANCE MONEY TO A CLIENT?

Occasions sometimes arise when it is necessary to advance money in a moderate amount to protect a client's rights. The lawyer's duty is then clear he should advance the money and look to his client for reimbursement.

For example: A client had left advance costs. with his lawyer, but the fund had been exhausted. The defendant filed a demurrer to one count of the declaration. The count was an immaterial one, and the counsel of the absent plaintiff decided to withdraw it. A statutory right existed whereby the defendant could demand a term fee if he chose to oppose the granting of amendment. In a spirit of vindictiveness, the defendant's lawyer insisted upon the term fee, and the plaintiff's lawyer was obliged to pay it out of his own pocket in order to save his client's case from being dismissed.

NO DUTY ORDINARILY

But under ordinary circumstances the lawyer is under no duty to advance money to his client for personal use or to further his cause. It would be contrary to the best interests of the public to permit such a practice, even when the lawyer is actuated by the highest of motives, for it would. open the way for less scrupulous individuals to act in the same manner with a far different motive.

§ 38. SUMMARY OF CHAPTER.

The lawyer is under a duty not to hastily advise his client. Aside from the duty to the client, hasty decisions are dangerous to the lawyer's reputation. He is under a duty not to make positive

assertions of the outcome of suit. The lawyer should not give unnecessary advice to the client, but such as he does give should be clear and intelligible. He is under a duty to advise his clients against illegal acts. He should not take a hopeless civil case, for so to do would be a wrong to the client and to his own professional reputation. He should not sue upon an unjust or inequitable cause. He is under no duty ordinarily to advance money to clients.

CHAPTER V

DUTIES TO CLIENT (Continued)

Duty of Unswerving Loyalty.

SEC. 39.

SEC. 40.

How Far Should Loyalty Extend.

SEC. 41.

Not a Duty to do All of Client's Biddings.
When Act Requested is not Illegal.
SEC. 42. Duty to Sever Relationship for Cause.
Basis of Duty.

SEC. 43. Duty to Client in Ascertaining Facts.
Danger of Over-Confidence in Clients.
An Illustration.

SEC. 44. Duty in Attempts to Settle.

An Illustration of the Danger of Hasty Settlement.
Every Element to be Considered.

Amount of Preliminary Offer as Compared with
Actual Damage.

SEC. 45. Negotiating for Settlement with the Adverse Party.
When the Adverse Party Attempts Cajolery.

Effect of Lessened Vigilance for Client.

Not to be Over-Awed by Brilliant Opposing
Lawyer.

SEC. 46. Duty in Court.

To Avoid Putting Leading Questions to Client.
Lawyer's Duty not to Forfeit the Good Will of
Court or Jury.

Bullying.

Duty to Protect Witnesses from Vicious Cross-
Examination.

SEC. 47. Summary of Chapter.

§ 39. DUTY OF UNSWERVING LOYALTY.

Once engaged in behalf of a client, the lawyer is under a duty of unswerving loyalty to the client

so long as he proves himself worthy of loyalty. The client becomes for the time being the principal and the lawyer an agent, subject to a considerable extent to the will of the principal. It is his duty to follow his client's instructions as to terms of settlement and to bend his will to that of the client in respect to general dealings, although his discretion as to specific details exceeds that of ordinary agents.

Having a legitimate object to attain, it is the lawyer's duty to put forth every legitimate effort to win that object for his client. The skill and fidelity with which he discharges his duties as a lawyer give to the public the evidences upon which it will measure his worth and assign him a standing in the community.

Hence, there is no case so trivial and no client so insignificant as to be unworthy of the best endeavors of a lawyer. He is working not for a trivial temporary success merely but for the future. Self-interest therefore should prompt the lawyer, even if an abiding sense of duty to the client did not, to do his very best for each and every client.

§ 40. How FAR SHOULD LOYALTY EXTEND.

It has been said by lawyers, even by some who have attained eminence at the bar, that one's duty to a client supercedes all other obligations