32 Ky. 228 | Ky. Ct. App. | 1834
delivered the Opinion of the Court.
As a petition for a rehearing has been presented, we deem it proper to state the point which governed the decision of' the case. We do not suppose that four hundred dollars divided between Messrs. Haggin, Monroe and Sanders, as counsel, for their services in defending the son of Major, upon an indictment for murder, could be regarded as an exorbitant fee to each. There is no law regulating the amount of the fee which an attorney may demand of his client. Unless there be a special contradt, the law fixes the compensation according to the valúe of the services rendered. Contra'cts between attorney and client, are strictly and rigorously examined by the chancellor. Whenever the contract grows out of circumstances superinduced by the attorney, and by which the will of the client is made-to bend and yield to his influence, and iri consequence, to assent to the payment of an amount which otherwise never would have been agreed to, relief should be afforded.
We look upon Major, the father, as the client. . The contract now the subject of investigation was entered into after the relation of attorney and client had been
Now, we think it impossible to view the facts aforesaid, and the other circumstances in the case, without
We think there is no error as to the.extent of relief afforded. Sanders received twenty or "thirty dollars for services rendered in the cause, exclusive of the note for two hundred dollars. It does not appear, that his services in court were more valuable than those of either of the other attorneys engaged in the defence. The amount which they received is a fair criterion by which to estimate his services. The decree must be affirmed, with costs.