Haish v. Payson

Citations

• 107 Ill. 365
• 1883 Ill. LEXIS 272

Syllabus

<p>1. Evidence—opinion on question of value of services. In an action by an attorney to recover for professional services for the defendant, such services resulting in a favorable compromise of litigation, opinions of other attorneys may be received as to the value of the services rendered; but opinions as to the benefits of the compromise to the defendant in his business in the future are not admissible.</p> <p>2. Same—elements that may be considered in fixing value of professional services. 'While the amount involved in the litigation may not improperly be considered infixing the value of the services of an attorney in the case which led to a settlement of the matters in dispute, and the securing of certain rights and privileges to his client, yet it is not admissible to go into an inquiry concerning prospective benefits which may accrue in the future to the client from such settlement.</p> <p>3. Same—comparing result of litigation with other cases on question of value of legal services. In proving the value of legal services of an attorney in the defence of a suit, and attending to other matters, leading to a favorable settlement of the litigation, it is not proper to present to the view of the jury the settlements made with other persons by those settling with the client, either by direct evidence or by the form of a hypothetical question to witnesses. It is not proper to show that the settlement with the client was much more favorable than with other parties. Such comparisons should not be permitted.</p> <p>4. Same—hypothetical question, as assuming facts. If it be allowable to assume facts in a hypothetical question to a witness, it is not permissible to assume what is not within the range of legitimate evidence. Such a question, filled with partial statements of facts, containing inferences and conclusions drawn from them, should not be allowed, and is well calculated to mislead the jury.</p> <p>5. In this case a question covering some two and a half pages, c