Bolles v. O'Brien

Citations

• 63 Fla. 342

Syllabus

<p>1 Owing to the confidential and fiduciary relation between an attorney and his client and to the influence of the attorney over his client growing out of that relation, courts of law, and especially of equity, scrutinize most closely all transactions between an attorney and his client.</p> <p>2. To sustain a transaction of advantage to himself with his client, the attorney has the burden of showing, not only that he used no undue influence, but that he gave his client all the information and advice which it would have been his duty to give if he himself had not been interested, and that the transaction was as beneficial to tbe client as it should have been had the client dealt with a stranger.</p> <p>3. Independent of all fraud, if an attorney shall take what is in substance a gift from his client, while the relation subsists, though the transaction may be, not only free from fraud, but entirely moral in its nature, the law casts upon the attorney the burden of showing that the transaction was voluntary and fair on the part of the client and that he acted with full warning and perfect knowledge of the consequences of his act. Contracts between attorney and client when not entirely equitable and fair may be voidable at the election of the client.</p> <p>4. The whole burden of establishing by clear and convincing evidence the fairness of an agreement purporting to convey a property right from a client to his attorney, and that it was made upon full and adequate consideration, is east upon the attorney.</p> <p>5. The written instrument set out in the opinion prepared by the attorney at his own instance and signed by the parties thereto while the relation of attorney and client existed between them with reference to the subject of the agreement, when considered in the light of the law as to conveyances and as to contracts between attorney and client, and in view of the evidence as to lack of full knowledge by the client as to its effect, does not create a partnership