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NOT TO BE OVERAWED BY BRILLIANT OPPOSING LAWYER

Some lawyers lose courage upon learning that a well-known lawyer has been retained by the adversary. It is by no means certain that the employment of a brilliant attorney will result in a victory for the opponent. A mediocre lawyer with a strong case is more than a match for an attorney, however brilliant, who is enlisted on the weak side of the controversy. Such an opponent should put the lawyer upon his mettle and move him to exert the highest and best that is in him. to gain a victory and the prestige that will result therefrom.

§ 46. DUTY IN COURT.

The lawyer owes his client the duty of respectful treatment in court. If the client is stupid, or is slow of speech, a patient and tactful examination becomes necessary. An exhibition of ill-temper, or of disgust at the replies of one's client, conveys an unfavorable impression to the jury and the court, either against the client or his lawyer, and whether against the one or the other, working injury to the client's case. No better way of securing the respectful interest of the court and the jury in the occupant of the witness stand can be devised than by the questioner himself appearing to entertain respect and deference for him in the first instance.

TO AVOID PUTTING LEADING QUESTIONS TO CLIENT The lawyer owes his client the duty, when interrogating him in court, to studiousy avoid putting leading questions. Such questions have the effect of discrediting the value of the testimony elicited, because they give the impression that the lawyer is prompting the witness. Only such questions as are absolutely necessary should be asked. The client rather should be encouraged to tell the story in his own way without interruption or suggestive inquiries. The lawyer also owes his client the duty to treat his client's witnesses courteously and to avoid the appearance of prompting them.

LAWYER'S DUTY NOT TO FORFEIT THE GOOD WILL OF COURT OR JURY

One of the most fatal things for one's client that can arise during a trial is for the lawyer to forfeit the sympathy and respect of the court and jury. The lawyer becomes so identified with the case that he is often the centre of interest, and the client is overlooked. In an unreasoning sort of way the friendliness or hostility of the auditors frequently takes shape around the personality of the advocate and it becomes a question of which lawyer shall win, rather than which client is in the right and is really entitled to win. Hence, the lawyer should avoid any appearance of being

domineering or supercilious, thus incurring the enmity of those upon whose decision his client's rights depend.

BULLYING

In his treatment of the adverse party the same thought should be borne in mind. Gentlemanly conduct on the part of the attorney in all phases of the trial is a right to which every client is entitled. Bullying the adversary will arouse sympathy for him and thus result in injury to one's client.

DUTY TO PROTECT WITNESSES FROM VICIOUS CROSS EXAMINATION

Another duty of the lawyer to his client and to his client's witnesses is to protect them, so far as is possible, from embarrassment when being crossexamined by the adverse counsel. Questions that are immaterial to the issue but which are intended to cause the witness mental distress by laying bare secrets of his or her life should be blocked by objection. The attorney should be a vigilant guardian of those who may properly look to him for protection against the efforts of an unscrupulous adversary.

§ 47. SUMMARY OF CHAPTER.

The lawyer is under a duty of unswerving loyalty to client, but this duty extends only to

services that may be rendered within the law and not to those in contravention of it. He is not under a duty to do all of the client's biddings. It is his duty to sever his relationship as attorney if causes have arisen to bring about a lessening of zeal in his client's behalf. He is under a duty to ascertain all possible facts having to do with a client's cause of action. Over-confidence in a client is often dangerous to the lawyer. In attempting to settle, the lawyer is under a duty to fully consider all the elements of damages that have accrued or are likely to accrue to his client. In dealing with the adverse party, it is the lawyer's duty to protect himself from suspicion of disloyalty or lack of zeal in a client's behalf. He owes his client a duty in court to show respect to the client and his witnesses, to win respect for himself, and to prevent the adversary from bulldozing the client or his witnesses.

CHAPTER VI

DUTIES TO CLIENT (Continued)

SEC. 48. Duty not to Overcharge.

Charges to Wealthy and to Poor Clients.
How an Avaricious Lawyer Regretted a Small
Charge.

SEC. 49. Not to Drive Sharp Bargain with Client.

SEC. 50.
SEC. 51.

Procuring the Signing Away of Client's Rights.
An Illustration.

What Should be Considered in Fixing Charge.
Bringing Suit for Fee.

When Compromise is Wiser than Suit.

When Suit for Fee is Advisable.

Honest Misunderstandings to be Settled in Court.

SEC. 52. Duty not to Mix Trust Funds.

Trustee Accounts in Banks.

An Expedient for Lawyer Whose Practice is Small. Method of Keeping Trust Funds a Question for the Individual.

SEC. 53. Duty to Account.

Trust Estates to be Settled Promptly.
Return of Document and Papers.

SEC. 54.

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§ 48. DUTY NOT TO OVERCHARGE.

A duty to the client that a lawyer is tempted to abuse, is that of fixing a charge for service commensurate with the services rendered. It is frequently true that lawyers are governed more by

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