tice, that we are now dealing. Admitting its
legality, is it consistent with that high standard of moral excellence,
which the members of this profession should ever propose to themselves?

Let us look at what would be the results of such a practice, if it
became general. If these are bad, if its tendency is to corrupt and
degrade the character of the profession, then, however confident any man
may feel in his moral power to ward off its evil influences from his own
character and conduct, he should be careful not to encourage and give
countenance to it by his example.

It is one of that class of actions, which in particular instances may be
indifferent; but their morality is to be tested by considering what
would be the consequences of their general prevalence.

It is to be observed, then, that such a contract changes entirely the
relation of counsel, to the cause. It reduces him from his high position
of an officer of the court and a minister of justice, to that of a party
litigating his own claim. Having now a deep personal interest in the
event of the controversy, he will cease to consider himself subject to
the ordinary rules of professional conduct. He is tempted to make
success, at all hazards and by all means, the sole end of his exertions.
He becomes blind to the merits of the case, and would find it difficult
to persuade himself, no matter what state of facts might be developed in
the progress of the proceedings, as to the true character of the
transaction, that it was his duty to retire from it.

It places his client and himself in a new and dangerous relation. They
are no longer attorney and client, but partners. He has now an interest,
which gives him a right to speak as principal, not merely to advise as
to the law, and abide by instructions. It is either unfair to him or
unfair to the client. If he thinks the result doubtful, he throws all
his time, learning, and skill away upon what, in his estimation, is an
uncertain chance. He cannot work with the proper spirit in such a case.
If he believes that the result will be success, he secures in this way a
higher compensation than he is justly entitled to receive.

It is an undue encouragement to litigation. Men, who would not think of
entering on a lawsuit, if they knew that they must compensate their
lawyer whether they win or lose, are ready upon such a contingent
agreement to try their chances with any kind of a claim. It makes the
law more of a lottery