Page:The Green Bag (1889–1914), Volume 02.pdf/448

A Nice Question. attorney — called on the plaintiff to see if or judgment, it is his duty to give notice to their differences could not be satisfactorily the other party and assert his rights, and in and amicably settled, bitterly denounced the such case his rights must be respected in defendant for what he had a perfect right to the settlement. But if his rights, real or do, and denounced the defendant's attorney fancied, simply grow out of a personal agree for permitting — as he supposed — such dam ment between him and his client, — an agree nable plots and counter-plots to effect a ment which perhaps is of such a nature that settlement, and, incidentally, deprive the the law would not enforce it — then the speculative attorney of his prospective fee or other party is in no wise bound to take no dividend. The administration of justice has tice of either him or his agreement. We go further, and say that parties come to a pretty pass when attorneys — mere agents employed to perform certain should make more strenuous efforts than professional services — assume to dictate to they do to settle their differences. They their principals, to insist that actions shall should take every opportunity to confer in not be compromised, settled, or abandoned a friendly manner with one another. They should not permit either attorneys or offi without their interference. It is as if a phy sician should insist that a patient should cious friends and busybodies to keep them apart. They should not permit either anger keep sick for his benefit. "The law encourages the amicable adjust or pique to stand in the way of full inves ment of disputes ." tigation and fair compromise. A quietus This deserves a place among the maxims would be put upon a large proportion of of the law. But unfortunately contingent the litigation in our large cities if all the fees do not " encourage the amicable adjust manufacturing and railway companies, millment of disputes; " on the contrary, they owners, and large employers generally, would stand between the parties and prevent all in every case, especially personal-injury cases, amicable overtures. They are productive of persistently insist upon settlement with the unreasonable and extortionate demands and claimant himself or herself, and ignore the of litigation. Let it be freely admitted that intervention of any agent or attorney, unless the claimant directed the defendant to con they often work good, — that they often suc ceed in obtaining for the poor and ignorant fer with his, the claimant's, attorney. It is more than they could secure by their indi the claimant's right to speak for himself or vidual efforts. Admit all that can be said through his attorney. But in four fifths of in favor of contingent fees, it must at the the cases the claimant is lost sight of till the day of trial. Either his attorney keeps close same time be granted that they are produc tive of grave abuses, not the least of which watch and guard over him, or the defendant is a meddlesome and officious interference unwisely refrains from all interference or between the parties whenever friendly over overtures, and leaves the matter in the hands tures are made. of his attorney. We venture to say that fully In answer to the first question propounded, one half the personal-injury cases on the cal we assert that it is the undoubted right of endars of our courts could be settled and parties between whom differences exist, and cleared off, if the defendants personally or by whether litigation is pending or not, to confer their agents — not attorneys — would see the together at any time and compromise or settle plaintiffs personally, and endeavor to arrive their differences, and they may do this with or at an amicable adjustment; and further we without the intervention of any of their em would predict that the sum total paid in ployes, agents, or attorneys. settlement of all cases settled would be fifty If an attorney or any other party has any per cent less than the sum total of the judg valid lien or claim upon the cause of action ments that will be ultimately recovered, and