d difficulty of saying what is the measure of just
compensation. It is to be graduated, according to a high legal
authority, with a proper reference to the nature of the business
performed by the counsel for the client, and his standing in his
profession for learning and skill; whereby the value of his services is
enhanced to his client.[44] Is then the standing and character of the
counsel in his profession for learning and skill to be a question of
fact to be determined by the jury in every case in which a lawyer sues
his client? How determined, if necessary to the decision of the
question? Not surely by the crude opinions of the jurors; but by
testimony of members of the same profession on the subject. This never
is done; it would be a very difficult as well as delicate question for a
lawyer to pronounce upon the standing of a professional brother. The
most that can be done is to call gentlemen to say what they would have
considered reasonable for such services, had they been performed by
themselves. Some may testify up to a very high point, from an excusable,
though foolish vanity; others to a very low one, from the despicable,
desire of attracting custom to a cheap shop.[45] No one can ever have
seen such a cause tried without feeling, that the Bar had received by it
an impulse downwards in the eyes of bystanders and the community. The
case is thrown into the jury-box, to be decided at haphazard, according
as the twelve men may chance to think or feel. He, who narrowly watches
such controversies, cannot fail to see that the right of a counsel to
enforce his claim for legal compensation is far from being calculated to
protect the client from oppression and extortion.

It is not worth while, however, to quarrel with the decision. Let us
inquire rather what should be the course of counsel, without regard to
it. He certainly owes it to his profession, as well as himself, that
when the client has the ability, his services should be recompensed; and
that according to a liberal standard.[46] There are many cases, in which
it will be his duty, perhaps more properly his privilege, to work for
nothing. It is to be hoped, that the time will never come, at this or
any other Bar in this country, when a poor man with an honest cause,
though without a fee, cannot obtain the services of honorable counsel,
in the prosecution or defence of his rights. But it must be an
extraordinary--a very peculiar case--that will justify an attorne