Newspapers / The Chowan herald. / Oct. 28, 1954, edition 1 / Page 16
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SECTION TWO This is the Law I ■ I mm BY CHARLES VV. DANIEL (For the N. C. Bar Association) Legal Fees Did you ever wonder about the basis for a legal—or other professional fee for services? All of the following factors—ap proved by the North Carolina State Bar—are normally considered by a! lawyer in setting a fee for a specific piece of work: ! “(1) The time and labor required, the novelty and difficulty of the ques tions involved and the skill requisite properly to conduct the cause: (2)/ whether the acceptance of employ- j ment in the particular case will pre clude the lawyer’s appearance for oth- j ers.in cases likely to arise out of thel transaction, and in Which there is at reasonable expectation that otherwise j he would he employed, or will involve j the loss of other employment while. employed in the particular case or an tagonisms with other '-'i. -T : 'S' *h ■ customary charges of the Bar for sim ilar services: (4) the amount involv ed in the controversy and the benefits resulting to the client from the ser-1 vices; (5) the contingency or the cer tainty of the compensation: and (6) the character of the employment, whether casual or for an established, and constant client. No one of these j considerations in itself is controlling.! They are mere guides in ascertain ing the real value of the service.” Many attorneys will attest that one of their most difficult problems is f that of setting a fair yet adequate fee. From the imposing list of factors to be considered in this connection, the problem of the fee is indeed trouble some. Texas Eyes The Fee The State Bar of Texas has publish ed the following lucid explanation of legal fees: “When a lawyer saves a client from trouble or financial difficulty, the .client knows only that he has been charged for ‘advice’—a commodity of tentimes too freely given by us all. Often overlooked is the study, work, i and time the attorney has spent in order that he be in a position to give advice that can be relied upon. “First, a practicing lawyer must have had six or seven years of aca demic education. This means at least three years of college work and three years in a recognized law school. Be cause the Community at large has an interest in the qualifications and con duct of members of the bar, these minimum educational requirements HALF-PRICE OFFER \&a H Y V *T~ making this offer to help you 'p'L- '' »Ms /& *W6 uesit that get acquainted with Fleischmann’s Active '" V . J . . Dry Yeast in the new “Thrifty 'Hiree” package “'a Y strip. You'll always save money on “Thrifty Three’s” .. . stnnlx: sfc>notvJ /V» f ) and now you’ll save half the usual price on all three packages. CJCjSG i! j^> 8 a grand chance for women who bake at home to try y* 1 Fleischmann’s Active Dry Yeast—the newest, handiest yeast ever. Mrs. John Cherry of Dover, Delaware, is one of the tKnumuvia of prize-winning cooks who always use Flejachmann’* Active Dry Yeast. “It’s much handier than old-style cake yeast," she says. “Keeps for months —and always rises tutl* t f V » k Page Six must be met before examination for admission to the bar may be taken. “During the three years of formal legal education, the law student at tempts to read, digest, reconcile and understand from 10,000 to 20,000 sep arate cases, statutes, and monographs. He must draw from these an under standing of basic legal principles, of processes of legal reasoning, of meth- Jods of fact and legal investigation, and of court procedures which bring j relief to clients . . . “In both counselling and litigation, a lawyer must draw upon a wealth of; I precedent which he has attempted to! store in his memory in order to ap-! ply one or more principles of law to the fact situation presented by his client. Ordinarily, many legal princi -1 pies and rules of statute or decision are involved in event the simplest sit-, juation. Too, the problems raised by j various clients, like fingerprints, are; |never exactly the same. ) “After searching bis memory, the! lawyer will usually check the pert i ■ nont rules and precedents. These are found in an ever-increasing volume of i statutes with which modern legisla-j I tion seeks to regular many aspects of j our life, and in the decisions of the, ! courts,, boards and bureaus." | Many county Bar! organizations in North Carolina set minimum fee schedules for specific services of the. profession such as drafting wills; (Searching titles, appearances in the ('various courts and the like. These minimum fees, however, do not pur I port to Cover more than h. few situa jlions common to the attorney-client .relationship. Free Legal Service Lawyers -as do practitioners in the j other professions—perform many free . professional services, .'both to. individ --nil their home communities. | Through i* • Committee on Legal Aid. i 'headed bv Dr John S. Bradway of j Duke University, the North Carolina Bar Assocint'oo i.* seeking to extend the availability of free legal services to more truly needv cases. The Bar •is now working, and will continue *■ work with local welfare agencies ir i providing legal services for those who really h»ed them hut Who are. finan cially unable to pay a fee. The Bar 'gave thousands of hours of free ser vice in such cases last year and the | total is expected to be greater thi« year. Dr. Bradway savs. Fee Cutting No discussion of legal fees would be adequate without some reference to the frequently unsatisfactory situation :in which a person with a legal Prob j lem “shops around” with it. honing thereby to find a lawyer who will ac cent the assignment for less money than his fellows. To this kind of, client “shopper”, we have but one ad vice: Don’t do it! The maxim, ‘you usually get what you pay for’, applies in such cases. No reputable attornev ! would knowingly undercut a fee. ac cented in the community reason able for the particular job, just to- get the case for himself. The rare at torney who deliberately indulges in cutting reasonable fees is likely to he short on ability and not in position , to give the kind of counsel which the . Client expects and deserves. All education should contribute to moral and physical strength and 1 i freedom. —Mary Baker Eddy. I f TAKE THIS COUPON TO YOUR GROCER If (1 Ha’ll Give You 3 Package* of 1) i nelschmann’s Active Dry Yeast at Half the Usual Cost ? fOL Offer available in Waahingtoo, D. C., central IS and eaatam Virginia and northeastern North VS Carolina, and Calvert, Charles, Prince George, /? St. Mary’s, Montgomery coonties of Maryland. MR. GROCER—For each coupon you accept aa oor authorized agent, we will par yon belt VOW umal VS eeUinc price plus usual handling chargee, provided you and your customer have complied with the terms of THE CHOWAN HERALD. BDENTON, N, C„ THURSDAY. OCTOBER 28, 1954. N. C. Public Works Organization Starts Operation January 5 Media For Exchange of Information Includes 17 Towns 1 ! The newly formed North Carolina j Public Works Officials’ Organization— i set up as a media for exchange of information among municipalities op erating their own utilities —has an nounced its formal proceeding will be gin January 5, 1955. ; Groundwork for the organization ! was completed at a meeting last week i in Rocky Mount when representatives 'of nine Eastern Carolina municipal!-j j ties adopted by-laws and set January sth as the meeting date for electing the group’s first officers. Until offi- I cers can be elected. Martin Swartz, retired Greenville utilities director, will serve as chairman of the organi !cation and Joe Flytlie, Rocky Mount! I utilities director, will seve as- secre tary-treasurer. While initial invitations to part ici pat.- i" the organization were , sent only to 18 Eastern Carolina cities, the by-laws make eligible any North Car olina municipality which owns or op erates its water works, electrical dis tribution system, gas distribution sys tem or sewer system. It is planned that the. organization will meet four times a year, rotating the meeting place among member cities. Municipalities included in early NAGS HEAD COTTAGES FOR RENT ELECTRICALLY EQUIPPED SCREENED PORCHES FOR RESERVATIONS WRITE J. D. PEELE ROUTE ONE EDENTON, N. C. Phone 481-J-5 MOUNTAIN I I STRAIGHT BOURBON WHISKEY iiKl NOW 5 YEARS OLD L $9 501 so2o Ik 5 YEARS OLD •S 6 WOOF jJ ww "^l ♦fcis offer; any other application constitutes fraud; Invoices Aowinr your purchase of sufficient stock to §£/ cover all coupons redeemed must ha shown upon re quest. Redeem only through our representative or by £\ w.niep to the address shown below. Void if proUb- §\ Ited, taxed or restricted. Your customer murtpey say arise tax. Cash value l/20th of 1 cent. This coupon ®yV expires on Daosmbar 31,1864. Standard Brands Inc.. 121 a 12th St., Birminghem. Ala. planning for the organization include: Elizabeth City, Hertford, Edenton, Windsor, Williamston, Enfield, Scot land Neck, Washington, Greenville, Farmville, Tarboro, Wilson, Kinston, ; Goldsboro, Belhaven, New Bern and ’ Rocky Mount. Crusade For Safety Termed Successful 15 States Show Reduc tion of Deaths Dur ing Drive Slow Down and Live, the northeast ern and southern states’ summer cru -1 sade for safer highway travel ended ; with a 12.2 per cent reduction in mo '• - tor deaths or a saving of 594 lives. ■I A summary of the drive has ' been released from the office of Ma ■ jor C. A. Speed, director of the Mo tor Vehicles Department’s Highway . Safety Division and coordinator of , North Carolina’s part in the Slow Down project. The anti-speed program co-sponsor ed by Governor William B. Umstead and the governors of 23 other states from Maine to Texas, started during the Memorial Day week-end and clos ed with the Labor Day week-end. | Highway fatalities throughout the region dropped from 4,856 during the summer of 1953 to 4,262 for this year. Greatest reduction reported hv any one state was Louisiana’s 40.1 per cent cut according to Major Speed. Records of other states ranged from a 27.3 per cent decrease for Mississippi to a 9.9 per cent decrease In deaths for Maine. North Carolina reported a 1 16.0 per cent decrease. i In all, 15 states showed death reduc tions this year. 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Oct. 28, 1954, edition 1
16
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