the lawyer's appearance for others in cases likely to arise out of the transaction, and in which there is a reasonable expectation that otherwise he would be employed, or will involve the loss of other business while employed in the particular case or antagonisms with other clients; (3) the customary charges of the bar for similar services; (4) the amount involved in the controversy and the benefits resulting to the client from the services; (5) the contingency or the certainty of compensation; and (6) the character of the employment, whether casual or for an established and constant client. No one of these considerations in itself is controlling. They are mere guides in ascertaining the real value of the service.

"In fixing fees it should never be forgotten that the profession is a branch of the administration of justice and not a mere money-getting trade."

§ 51. BRINGING SUIT FOR FEE.

Should a lawyer sue a client to enforce the payment of a fee? Suppose the client disputes the size of the bill, but avers that he is willing to pay a lesser amount. Is it policy to allow the client to dictate the fixing of the fee, or should the lawyer stand firmly on his rights and insist upon his original estimate being considered as final?

WHEN COMPROMISE IS WISER THAN SUIT

In general it may be said that the claim should be compromised rather than sued upon. A law suit with a client in a dispute over the amount of an unpaid fee is at best an embarrassing experience. An impression may go abroad that the lawyer has made an unjust charge, for, even though the amount of the charge be known, the public, being unacquainted with the facts, can never judge the matter fairly. The lawyer is sure to be blamed. A compromise may be adjusted quietly without the knowledge of outsiders, and is for that reason the wiser course to pursue.

WHEN SUIT FOR FEE IS ADVISABLE

Occasions may arise, however, when a client willfully and in a spirit of meanness withholds the payment of a hard-earned fee. The client may be of the species sometimes encountered that never pay a bill unless forced to do so. If the amount of the claim is sufficient to warrant a suit, such a client should sharply be brought to account. Imposition and fraud, especially when attempted to be exercised brazenly upon a lawyer, should be rebuked as severely as the law will permit, for if a client has the hardihood to attempt to overreach one so amply able to defend himself and is not rebuked, he will hesitate at no degree of impo

sition and fraud when dealing with a comparatively defenseless layman.

HONEST MISUNDERSTANDINGS TO BE SETTLED IN COURT

There are also occasions when a genuine misunderstanding should be adjusted by suit unless a satisfactory compromise can be effected. If the lawyer has served under the impression that his compensation is to be equal to a certain proportion of the net recovery, and the client insists, after the suit is determined, that a different interpretation should be placed on the facts, the issue is joined, and the legal rights of the parties should be determined by the court.

American Bar Association Code of Ethics, Canon 14: "Controversies with clients concerning compensation are to be avoided by the lawyer so far as shall be compatible with his self-respect and with his right to receive reasonable recompense for his services; and lawsuits with clients should be resorted to only to prevent injustice, imposition, or fraud."

§ 52. DUTY NOT TO MIX TRUST FUNDS.

One of the fruitful causes of disaster to lawyers and to others who have in charge the money of another is the mingling of trust funds with moneys of their own. Carelessness of bookkeeping may

render impossible a correct separation of the moneys so mingled, and the attorney may thus be laid under a suspicion of dishonesty. Few lawyers are accurate keepers of accounts; the memory is trusted too frequently and, when a few days of time have either effaced the recollection or confused it, the only exact check upon mistake would be a keeping separate of the two funds.

Another result from mingling funds is that the lawyer in so doing will gradually come to feel that the fact of the certainty of an ample fund at a future date, before the time for settling with his client, will justify him in using the mingled funds for immediate needs. He regards it as a simple matter of debit and credit to be adjusted at the time of settlement.

Let us suppose the funds have been used, the trust fund with the other. The client suddenly demands an accounting, and the lawyer is unable to meet the demand. His expected funds do not materialize, and he finds himself in the wretched predicament of an embezzler, with the likelihood of being disbarred from his profession.

With the lawyer who has abundant financial resources, such a predicament as the above could not very well occur, because he could make up the deficit without detection. But for the lawyer with no other resources than his professional fees,

the practice is extremely dangerous. Aside from expediency, the mingling of trust funds is a wrong to the client, and no lawyer who values his reputation will be guilty of it.

TRUSTEE ACCOUNTS IN BANKS

Many large firms carry trustee accounts in National Banks and Trust Companies. All moneys paid to the firm in behalf of clients are deposited in this general fund; a mingling of clients' moneys results, but not a mingling with the funds of the lawyers themselves. From this general account are checked out balances due to clients, or expenditures in their behalf. The partners' shares of fees are taken out from time to time, or weekly withdrawals of definite sums are agreed upon, with a general settlement of profits at stated intervals.

AN EXPEDIENT FOR LAWYER WHOSE PRACTICE IS SMALL

The lawyer whose practice is still small may not need a checking account for trustee funds. How then shall he keep separate the moneys of clients? Some lawyers find a system of cash envelopes very satisfactory. A cash envelope is kept for each client, and as money is added to the envelope an indorsement is made of the date, the name of the case, and the amount of the deposit. The total