A Selection of Cases Affecting Solicitors
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Excerpt from A Selection of Cases Affecting Solicitors: Including Those Reported to the End of Trinity Term 1896 [1] The Court refused to restrain a defendant´s solicitor from acting for him, on the alleged ground that he had, in the character of solicitor for the defendant and others interested (jointly with the plaintiff) in a Chancery suit, in attendance upon a Master, obtained a knowledge of the plaintiff´s case, and of the evidence upon which it was to be supported, the defendant´s solicitor deposing that he had not thereby obtained any further knowledge of the plaintiff´s case than would be disclosed by a particular of demand. Grissell v. Peto, 2 M. & Scott 2 (1832). [2] Where an attorney has been employed in a cause and is afterwards discharged by his client, not on the ground of misconduct, the Court will not restrain him from acting for the opposite party, unless it clearly and distinctly appears that he has obtained information in his former character which, if communicated to the other side, would be prejudicial to the cause of his former client. Johnson v. Marriott, 2 C. & M. 183 (1834). [3] The retainer of a solicitor need not be in writing; but if he neglects taking the precaution of having a written retainer, and his retainer being afterwards questioned, there is nothing but assertion against assertion; he must bear the costs of the risk he thus undertakes. Wiggins v. Peppin, 2 Beav. 403 (1837). [4] An attorney who was the ordinary attorney for a borrower also acted in the matter of a particular loan for the lender, but did not make any charge against the lender for his services. Held, that he was properly charged as an attorney acting on the retainer and employment of the lender, and was in that character liable to an action for damages for the loss suffered through the insufficiency of the security. Donaldson v. Haldane, 7 C. & F. 762 (1837). About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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