y in
resorting to legal proceedings, to enforce the payment of fees. It is
better that he should be a loser, than have a public contest upon the
subject with a client. The enlightened Bar of Paris, have justly
considered the character of their order involved in such proceedings;
and although by the law of France, an advocate may recover for his fees
by suit, yet they regard it as dishonorable, and those who should
attempt to do it, would be immediately stricken from the roll of
attorneys.[47]

Regard should be had to the general usage of the profession, especially
as to the rates of commission to be charged for the collection of
undefended claims. Except in this class of cases, agreements between
counsel and client that the compensation of the former shall depend upon
final success in the lawsuit--in other words contingent fees--however
common such agreements may be, are of a very dangerous tendency, and to
be declined in all ordinary cases. In making his charge, after the
business committed to him has been completed, as an attorney may well
take into consideration the general ability of his client to pay, so he
may also consider the pecuniary benefit, which may have been derived
from his services. For a poor man, who is unable to pay at all, there
may be a general understanding that the attorney is to be liberally
compensated in case of success. What is objected to, is an agreement to
receive a certain part or proportion of the sum, or subject-matter, in
the event of a recovery, and nothing otherwise.

It is unnecessary to inquire here whether such a contract is void as
champertous, and contrary to public policy. None of the English statutes
on the subject of champerty have been reported as in force here; but it
was once a question whether it was not an offence at common law,
independently altogether, of any statute enactment. Enlightened judges
in several of our sister States have so considered it. "The purchase of
a lawsuit," says Chancellor Kent, "by an attorney, is champerty in its
most odious form; and it ought equally to be condemned on principles of
public policy. It would lead to fraud, oppression, and corruption. As a
sworn minister of the courts of justice, the attorney ought not to be
permitted to avail himself of the knowledge he acquires in his
professional character, to speculate in lawsuits. The precedent would
tend to corrupt the profession, and produce lasting mischief to the
community."[48] "This is