penses, and occasion delay to other suitors, by prolonging a trial beyond the time that is reasonably necessary for its presentation. He should not use the right of an appeal as an instrument of delay. If custom has sanctioned practices that do not accord with the lawyer's sense of right, he should follow conscience rather than custom.

CHAPTER XII

LEGAL FEES

SEC. 108. An Unfair Charge.

SEC. 109. The Law not a Mere Money-getting Trade.
The Lawyer should not Overestimate the Value of
Services Rendered.

SEC. 110.

SEC. 111.

Actual or Implied Agreement as to Fees.

SEC. 112. Circumstances should Govern Charges.

SEC. 113.

SEC. 114.

SEC. 115.

The Time and Labor Involved.

Novelty of the Question Involved.

Whether Taking Case will Deprive Lawyer of other
Business.

SEC. 116. Customary Charges of the Profession.

Minimum Fee.

Drawing Deed or Mortgage.

Charge per Day for Court Service.

Settling a Case Involving Less than One Hundred
Dollars.

Settling a Case Involving More than One Hun-
dred Dollars

Organizing a Corporation.

Fees for Bankruptcy Cases.

Drawing Wills.

Written Legal Opinions.

Fees for Examination of Title.

Fees for Divorce Proceedings.

§108. AN UNFAIR CHARGE.

A certain man who lived in a rural district had a claim of twenty dollars for board against a man who had lodged at his house while out of employment. The debtor had gone to the city and secured employment but had afterward ignored all requests of his creditor to settle the bill. One day when the creditor was in the city, he called at a lawyer's office and left the bill, with the request that it be collected. Some months later he was again in the city, so he called upon the lawyer and inquired what had been done with the claim. The attorney looked up the account.

"I have collected it," he finally declared; "he paid the last payment about a month ago.”

"Well, why did n't you send me the money," demanded the creditor.

"To tell you the truth," replied the lawyer, "I had a hard time to collect it. The claim was n't worth the work I put into it, but I shall not charge you anything extra; twenty dollars is my fee."

"And that means that I don't get a cent," roared the irate old farmer. "If I had known that, I would n't have left the claim. I'd rather he would have the money than you, for he's a poor man and needs it."

The creditor had never sought the aid of a

lawyer before and, so far as is known, has never consulted one since. He regards lawyers as shameless villains, and will have nothing further to do with them.

The lawyer in question fixed the amount of his fee either with a deliberate intent to treat his client unfairly, or with a mistaken idea that he should be paid a good-sized fee for his services irrespective of the size of the case upon which he was working.

Giving him the benefit of the doubt, and assuming that his error was one of judgment merely, let us inquire what considerations should have governed him in making his charge. And to broaden the scope of our inquiry: What considerations should govern a lawyer in making charges generally?

§ 109. THE LAW NOT A MERE MONEY-GETTING TRADE.

The lawyer should constantly bear in mind that the law is a profession whose basis is public service. It exists solely to promote justice and to facilitate the action of courts of justice. The lawyer is an officer of the courts and in lieu of a salary is given the right to charge reasonable fees to persons employing him in his professional capacity.

To charge unreasonable fees is unprofessional,

and, if the charge is grossly unreasonable and is actually taken from moneys or securities of the client in the hands of the lawyer, the latter may be disbarred from the profession. Hence, unless the lawyer can, through his ability and good fortune, win such a practice that the aggregate of reasonable charges brings him a large yearly return, he can never hope to become wealthy.

There is an impression abroad among many simple-minded citizens that the practice of law is a certain and early road to wealth. Many young men enter the profession with that idea in mind, only to be disillusioned by the stern reality of the uphill way before them. Many parents send their sons send their sons to the law schools with the fond belief that they are securing for them a future of ease and quickly acquired riches.

Quite recently a parent of a young law student called on the writer to find out just what the son's prospects might be. His record for the year had not been a very promising one and, especially during the latter part of the year, there had been a noticeable neglect of his studies. The parent wished to know whether it would be wiser for the son to continue his studies or to go into business. When reminded that the son should be consulted and that his own ambitions and inclinations were more to be considered than any