Judy v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 111 Kan. 46
• 205 P. 1116
• 1922 Kan. LEXIS 169

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Administrator Contracting with Himself for Attorneys’ Fees— Fiduciary Relations — Violation of Trust. A contract for compensation to be paid by the administrator of an estate of a deceased person for services to be performed by the administrator and his partner as attorneys at law, in an action to be commenced by them to recover damages for the wrongful death of the deceased person, is in violation of the trust reposed in the administrator and cannot be enforced.</p> <p>2. Same — Contract for Contingent Attorneys’ Fees — Contract Champertous and Unenforceable. A written contract between an attorney and his client that the attorney will prosecute an action for a fee contingent on the success of the litigation is rendered champertous and unenforceable by a collateral agreement that the attorney will protect the client against the payment of costs.</p> <p>3. Attorneys at Law — Conduct in Violation of Professional Ethics — Words of Censure by Supreme Court. Where attorneys at law are plaintiffs in an action, and they have acquired their rights to the subject matter of the action in violation of professional ethics, the court will not permit the conduct of the attorneys to pass without censure.</p>