Enterline v. Miller

Citations

• 27 Pa. Super. 463
• 1905 Pa. Super. LEXIS 83

Syllabus

<p>Attorney at law — Duties and liabilities — Professional skill.</p> <p>An attorney at law is not liable to his client for a failure to succeed, resulting in loss to the client, unless this is due to his mismanagement of the business intrusted to him through bad faith, inattention, or want of professional skill. An attorney must, at least, be familiar with the well-settled principles of law and rules of practice which are of frequent application in the ordinary business of the profession; must observe the utmost good- faith toward his client, and must give such attention to his duties, and to the interests of his client, as ordinary prudence demands, or members of the profession usually bestow. For loss to his client, resulting from the lack of this measure of professional duty and attainments, he must be held liable; and such loss forms an equitable defense to his demand for compensation.</p> <p>An attorney must be held to know the return day of process issued by his direction, must keep himself informed of the steps taken by the sheriff in its execution, and must give all instructions necessary to secure his client’s interests. It is usual for the attorney, on execution process, to give directions respecting the property which he desires should be sold, especially when this is real estate; and, if he omits this, he should, at least, ascertain what has been done in the premises by the sheriff, and act as the interests of his client requires. He must be held to know that when the return day of a fi. fa. has passed without a levy, the writ is functus officio; that a vend. ex. is issued only for a sale by virtue of a levy made on an antecedent writ; and he must at all times inform himself of the state of the record; and of the sheriff’s proceedings, before taking or directing any further step based thereon.</p> <p>An attorney is not responsible for a mistake of the sheriff to which he in no way contributes. But when he acquiesces in such a mistake, and directs furthe