Lawall v. Groman

Citations

• 180 Pa. 532
• 37 A. 98
• 1897 Pa. LEXIS 958

Syllabus

<p>Attorney and client — Evidence to establish relationship — •Same attorney representing adverse interests.</p> <p>The payment of a fee is the most usual and weighty item of evidence to establish the relationship of client and attorney, but it is by no means indispensable. The essential feature of the professional relation is the fact of the employment to do something in the client’s behalf. There must be an agreement, express or implied, for compensation,-but whether payment is made in part or in whole by retainer in advance is not material. Nor is it even indispensable that the compensation should be assumed by the client. Ordinarily it is so from the nature of the employment which in the vast majority of cases involves the guarding or enforcement of the client's interest against an adverse one, and is, therefore, exclusive. But oven adverse interests if to be amicably adjusted may be represented by the same counsel, though the cases in which this can be done are exceptional, and never entirely free from danger of conflicting duties. Per Mitchell, J.</p> <p>The mere fact that an attorney acts for a borrower and receives his compensation from him does not of itself prevent the relation of attorney and client between the attorney and the lender, if such is -the mutual understanding.</p> <p>It is proper to submit to the jury the question of the relationship of attorney and client between a mortgagee and the mortgagor’s attorney, where there is evidence that the attorney kept the mortgage and placed it on record, and that he agreed “ to search the title and the records in reference to liens.”</p> <p>Attorney and client — Attorney representing both mortgagor and mortgagee — Duties and liabilities of.</p> <p>Where an attorney at law representing the mortgagor undertakes at the request of the mortgagee to see that tl;e mortgage is a first lien, although the mortgagor is to pay the fees, he is bound to perform the duty with ordinary and reasonable skill and care in his p