Martin's Petition

Citations

• 237 Pa. 159
• 85 A. 88
• 1912 Pa. LEXIS 908

Syllabus

<p>Attorney and client — Unfair dealings — Constructive fraud.</p> <p>1. Anything which savors of lack of good faith upon the part of an attorney, such as the l’eceipt of money without giving notice to the client within a reasonable time, or the refusal or neglect to pay over promptly upon demand, calls for forfeiture of all claim to compensation.</p> <p>2. On a rule against two attorneys to show cause why they should not pay over certain moneys in their hands it appeared that the attorneys brought certain suits at law to recover damages on behalf of the petitioners, who were foreigners with poor command of the English language, which suits were after-wards settled by the attorneys without proceeding to trial. The answer of the respondents showed that at no time during the negotiations did the attorneys disclose to their clients the amount of money thoy expected to receive in settlement of the cases, nor did they, after having received a considerable sum in settlement, disclose the amount of money so received to any of their clients, the reason suggested as an excuse for so doing being that the clients did not inquire as to the amount received in settlement. The amount collected was $8,125, of which $1,156 was actually paid to the clients, leaving a balance of $6,969 for further accounting. The court below allowed a counsel fee of $2,459 and distributed the balance to the parties in interest. Held, that the attorneys were not entitled to receive out of the funds received in settlement any part as counsel fees.</p>