in such contracts, if the attorney be discharged for lack of good faith, etc., he can recover no compensation." The attorney must bring his action for compensation before the running of the statute of limitations. Time is counted from the time his right of action accrues." 40 ATTORNEY'S LIEN FOR SERVICES 72. The attorney has a lien for his services which is of two kinds: (1) the general or retaining lien, and (2) the special or charging lien. 73. General or Retaining Lien. - The general lien is the attorney's right to hold papers, moneys, or property belonging to the client until his costs and charges have been paid." It includes the mere right to hold the property but not the right to sell it; it is a passive lien." Statutes have been passed in many jurisdictions recognizing the attorney's general lien and defining the property to which it extends." Where such statutes do not exist, the court generally enforce it. To entitle the attorney to exercise his lien upon papers or documents, they must be such as have come into his possession in his professional capacity." For example, he cannot claim a lien against papers delivered to him as the guardian or as the next friend of an infant. The lien, where it applies to money, attaches to all funds paid him either by the client or by the client's debtor." A question is often raised as to whether the lien of the attorney be for the security of his charges in the particular case, or whether it extend to all charges due from the client to the attorney. It was formerly confined to the charges in the particular case, but it is now generally understood to 46 cover the entire indebtedness of the client." 3965 Ill. 471 (1872). 407 Allen (Mass.) 274 (1863). 41 12 Fed. Rep. 235 (1882). 424 Myl. & C. (Eng.) 354 (1839). 44 56 Vt. 570 (1884). 45 43 N. H. 246 (1861); 52 N. Y. 489 (1873). 43 Iowa Code, Sec. 321; Comp. Laws, Dak., Sec. 470, p. 131 (1887); Minn. Stat., Sec. The lien is discharged or lost to the attorney by voluntary surrender of the property. It depends on possession, but if he lose possession by fraud, he may recover the subject of the lien." Unless the power be given by statute the attorney cannot dispose of the property held as security; he can merely hold it until payment of the debt. The lien will not be discharged if the statute of limitations bar an action for the debt."" 74. Special or Charging Lien. - The special or charging lien is the attorney's right against a fund obtained by judgment, or against moneys still payable thereon. In this case, the attorney is entitled to the amount of money due him, but only as regards his charges in the particular case." This lien, in some states, only covers actual costs and charges, but does not extend to fees." The attorney's right of lien arises from the fact that his efforts and disbursements have led to the recovery of a judgment, and it is upon that judgment that his lien is to take effect. The lien therefore does not attach until judgment has been entered in favor of the client."* This lien attaches exclusively to the judgment; it does not affect land or other property covered by the decree." The attorney may enforce the lien against the sheriff, if he hold the proceeds of the judgment, or against the opposite party." The special lien may be lost in the same manner as the general lien. It is governed by the law of the state where the judgment was obtained." PRIVILEGED COMMUNICATIONS 75. Disclosures made by the client to his attorney when consulting him, or in the course of transactions entrusted to him, are confidential or, as it is said technically, are privileged." The attorney cannot be compelled to divulge such communications, whether called as a witness, or under any similar circumstances. Unless the client consent to it, the attorney may not disclose knowledge thus acquired, even after the termination of business relations between the two." To be privileged, the information must have come to the attorney in his capacity as attorney and must have been imparted to him in confidence. If called upon in a judicial proceeding for such information, the attorney may be compelled to prove that it came from the client."" 561 Myl. & K. (Eng.) 101 (1833). 574 Durnf. & E. (Eng.) 759, 760 (1792). 58 19 Johns. (N. Y.) 134 (1821). THE LAW OF MASTER AND SERVANT INTRODUCTION THE RELATION 1. The phrase master and servant appropriately describes the legal relation which, to a greater or less extent, must always exist where different conditions among men require that some should be employers and others employes. Most of the principles of law applicable to the relation of principal and agent are capable of logical application to master and servant; agency being a form of employment, and all agents being servants in a broad sense, the law as to one relation runs parallel with that of the other. The two relations show these distinct features: An agent's employment usually carries with it more or less discretionary power as to the time and manner of discharging his undertaking, and, in special cases, he acts representatively to bring his principal in contact with third persons, working, in some instances, in places other than the residence of the principal; whereas, a servant is engaged, in most cases, to perform labor under the direct supervision of the master, and he is seldom his master's representative in his dealings with third persons. A principal, therefore, does not possess the same measure of personal authority over his agent that a master possesses over his servant, and, therefore, is not held to the same strict degree of liability to third persons for the For notice of copyright, see page immediately following the title page |