The corporation would not pay, and the suit with a party behind the back and with client had no money. He offered the lawyer out the knowledge of his attorney? Would half the recovery if he would prosecute the such conduct have escaped the condemnation suit. Such a contract was authorized and of the court, and the censure of, if not ex protected by a special section of the code; it pulsion from the bar? I think not. True, I was reduced to writing, signed, and notice never knew of such a case, and a precedent of it given to the counsel for the corporation, could not be established until a case existed. with further notice to make no settlement The nearest approach to it, which I recall, was where an attorney claimed a continuance without the attorney's privity. When the action was at issue, the attorney over the term, on the ground that he was moved to place it on the "short cause" negotiating with the party for a settlement calendar. The defendant's attorney asked without the knowledge of the attorney. The for a short adjournment of the motion, for attorney who was ignored was the late Judge his personal convenience, which the attorney Smalley, and Judge Collamer was the presid ing justice. Between them, they cured that for the plaintiff granted. attorney of his bad habit, and I thought at The defendant's attorney utilized the time the time, made him regret that he ever was so obtained by a settlement with the plaintiff in person, and by the tempting offer of about born. If there was any lesson thoroughly one-third of the claim in cash, obtained from taught by the example of our leaders or the the plaintiff a discharge of the claim and traditions of the bar, it was that all com action. This was done behind the back of munications to the adverse party in a liti the plaintiff's attorney, whose office was only gation must be had with his attorney, and that a few blocks away, with full knowledge of any attempt to deprive that attorney of his compensation, or any interference with his the attorney's contract and lien. Defendant's attorney pleaded its discharge, relations to his client, was unprofessional and the plaintiff's moved the court for leave and dishonorable. If I were to counsel my younger brethren to prosecute the suit for his own benefit. Although vehemently opposed, leave was touching the practices which I condemn, I granted. The counsel for the corporation think I would follow the example of a friend appealed from the order to the general term who announced as the subject of his next and then to the court of appeals, where it lecture to a large class of law students, "Demurrers to Bills in Equity." His lecture was affirmed. After all these exercises and the recog was brief: "If you are ever tempted to demur nition of the claim by the settlement and to a bill in Equity," he said, "don't you do payment, the same attorney tried to defend it." And I say, "If you are ever tempted to at the circuit on the ground that the plaintiff deal with an adversary client behind the never had any claim. The jury made short back of his attorney, don't you do it!" The reported cases show that these work of his defence, and asked a further in struction which implied that they would have violations of the canons of our profession rendered a verdict for the full half of the are more numerous than they once were. original demand if the court had not held One would hope that they proceed from that the recovery was limited to one-half ignorance rather than conscious intention. the amount of the settlement, to which the It would require a full measure of proof to plaintiff had agreed. convince me that any sound lawyer would During the trial I could not avoid asking deliberately sanction them. For as our myself what would have happened forty country increases in years, wealth, and I fear years ago to an attorney who had settled a in corruption, the lawyer has many reasons
