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148 Special classes of agents. [в§в§278-276.

the Attorney at Law, the Auctioneer, the Broker, and

the Factor.

1. Of Attorneys At Law.

§ 274. Relation of attorney to client. — The attor-

ney at law is an officer of the court in which he prac-

tices, and is in some sense an officer of the State. But

the relation of the attorney to his client is a relation of

agency, and is in general governed by the same rules

which apply to other agencies.

§ 275. How appointed. — No formal power is ordi-

narily necessary, but the attorney's authority may be

shown as in other cases. When a duly admitted attor-

ney appeal's for a party in a cause, the law presumes

that his appearance was authorized, and while this pre-

sumption is not conclusive, it will suffice until some

showing is made to the contrary, and then the attorney

may be required to produce his authority.

See Reynolds v. Fleming, 30 Kan. 106, 46 Am. Rep. 86, Cas. Ag.

615.

Proceedings taken in reliance upon such an appear-

ance are also presumed to be valid, and only to be im-

peached upon by a direct proceeding. If the principal

Is injured by the application of this rule to proceedings

really unauthorized, he has a remedy against the attor-

ney.

See Corbitt v. Timmerman, 95 Mich. 581, 55 N. W. Rep. 437, 35

Am. St. Rep. 586.

§270. Duration of relation. — The employment of

an attorney to conduct a cause is presumed to be an

entire contract on his part for the whole suit, and he

can not lawfully abandon the case before its termina-

tion without just cause and reasonable notice. But on

the part of the client, the engagement is deemed to be

19 17C-277.] SPECIAL CLASSES OF AGENTS. 149

at will merely, and be may discharge the attorney at

any time upon paying him for services already rendered.

See Tenney v. Berger, 93 N. Y. 524, 45 Am. Rep. 263; Under-

wood t. Lewis [1894], 2 Q. B. 306.

§ 277. Implied powers of attorney. — An attorney

at law employed to conduct a case has implied authority

to control the conduct and management of the cause,

and to do all things which are necessary or incidental

to the prosecution or defense of the cause, and which

affect the remedy only and not the right of action. His

acts and stipulations, therefore, which affect the prac-

tice only will bind his client, but he has no implied

power to confess judgment or compromise or release his

client's cause of action, release liens, levies, or securi-

ties, grant extensions of time, or waive or give up the

substantial rights of his client. He may receive pay-

ment of the claim, either before or after judgment, and

may take the necessary steps to enforce the judgment;

but he cannot release the judgment without payment in

full, or assign it, or receive anything but money in pay-

ment

See Moulton v. Bowker, 115 Mass. 36, 15 Am. Rep. 72, Cas. Ag.

619; Kirk's Appeal, 87 Penn. 243, 30 Am. Rep. 357, Cas. Ag. 621;

Nichells v. Nichells, 5 N. Dak. 125, 64 N. W. Rep. 73, 57 Am. St.

Rep. 540, 33 L, R. A. 515; Smith v. Jones, 47 Neb. 108, 66 N. W.

Rep. 19, 53 Am. St. Rep. 519; Gardner v. Mobile R. Co., 102 Ala.

635, 15 So. Rep. 271, 48 Am. St. Rep. 84; Garrett v. Hanshue, 53

Ohio St. 482, 42 N. E. Rep. 256, 35 L. R. A. 321.

As in the case of other agents, his powers will con-

tinue after a discharge unless notice of that fact be

given.

See Beliveau v. Amoskeag Co., 68 N. H. 225, 40 Atl. 724, U L.

R. A. 167.

150 SPECIAL CLASSES OF AGENTS. [§§ 278-280.

В§ 278. Attorney bound to utmost loyalty and

honor. — The attorney is bound to exercise the highest

honor and integrity towards his client, not to take his

case if he has any adverse interest which will prevent

his giving his individual allegiance to his client, and to

maintain at all times the utmost loyalty to his client's

interests.

See Strong v. International Building Union, 183 111. 97, 55 N. E.

Rep. 675, 47 L. R. A. 792; Darlington's Estate 147 Pa. 624 23 Atl.

Rep. 1046, 30 Am. St. Rep. 776.

Like other agents also he must absolutely refrain

from permitting his own interests to conflict with those

of his client. He may not buy his client's property at

sales in litigation in which he is concerned. He may not

profit by his own defaults or take advantage of his sit-

uation to make gains for himself at his client's expense.

See Olson v. Lamb, 56 Neb. 104, 76 N. W. Rep. 433, 71 Am. St. Rep.

670; Eoff v. Irvine, 108 Mo. 378, 18 S. W. Rep. 907, 32 Am. St. Rep.

609; Baker v. Humphrey, 101 U. S. 494; Cunningham v. Jones,

37 Kan. 477, 1 Am. St. Rep. 257; Davis v. Kline, 96 Mo. 401, 9 S. W.

Rep. 724, 2 L. R. A. 78.

В§ 279. Dealings between attorney and client. вЂ

Dealings between attorney and client must be charac-

terized by the utmost fairness and good faith. Some

cases hold them absolutely voidable at the option of the

client, but the true rule seems to be that while they will

be scrutinized with great strictness, they will be upheld

if they are entirely fair and voluntary, but of this the

attorney has the burden of proof.

See Elmore v. Johnson, 143 111. 513, 32 N. E. Rep. 413, 36 Am.

St. Rep. 401, 21 L. R. A. 366; James v. Steere, 16 R. I. 367, 16 Atl.

Rep. 143, 2 L. R. A. 164; Barron v. Willis [1900], 2 Ch. 121; Stout

v. Smith, 98 N. Y. 25, 50 Am. Rep. 632, Cas. Ag. 628.

В§ 280. Confidential communications privileged. вЂ

Confidential communications made by the client to his

В§5 280-281.] SPECIAL CLASSES OF AGEXTS. 151

attorney, and all information received by the attorney

from the client or from his papers, and of a confidential

nature, arc "privileged," and the attorney will not be

permitted i«» disclose them without the consent of his

client. The operation of the privilege is perpetual

survives not only the relation of attorney and client,

but the lives of the attorney and client as well. It van

only be removed when it becomes necessary for the at-

torney's own protection against his client, or for the

furtherance of public justice.

See Orman v. State, 22 Tex. App. 604, 58 Am. Rep. 662; Mitchell

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