An action to recover legal fees was brought by Rodger & Haskell against Mr. T. Steele, for services in the case of Steele v. the American Trading Company. Plaintiffs asked for judgement in accordance with the fee agreed upon or on the basis of 20 per cent. of the amount received. Mr. C. S. Franklin appeared for defendant.
Mr. Tycho Wing stated that a schedule of fees for barristers and solicitors in the British Court had been approved here and sent to England for approval, Counsel for defendant objected to this scale of fees being used as a basis for fees in the American Court, as he claimed there was ne analogy.
Judge Lobingier ruled that, while the scale would not be controlling in this court, it should be received as showing the custom prevailing in Shanghai among those not necessarily practising in this court but rendering similar service.
According to the witness, taking this standard, a fair sum for fees in a hypothetic case involving aa amount of $32,000 and a serious amount of work would be approximately $2,625 on a party to party basis and $3,412.50 on a client's costs scale, In cross-examination, the witness was asked if a client, after instructing one lawyer to sue, thereafter engaged another to handle the case as leading counsel, would the first Jawyer be entitled to this estimated fee? Witness said that, if the client permitted himself the luxury of this second lawyer, the jumor counsel would receive approximately two-thirds of the scale of fees according te the work actually done.
Tsu Ying-day gave evidence of having paid defendant's counsel approximately Tls. 800 for legal services rendered in an assault case settled out of court.
Mr. Franklin, cross - examining, brought out that considerable time arid effort were expended on this case, also that the amount included Tls. 200 paid to a French lawyer, Tls. 50 for advertising and inter-proter's fees, for which Mr. Franklin was not responsible, and Tls. 200 as an annual retainer, so that his fees for suit in the Mixed Court and the French Court were only Tls. 350.
Mr. Charles H. Stewart, formerly president of the Stewart-Crane Ca., stated. that, in consideration of Mr. Franklin's obtaining settlement for him from the Stewart-Crane Ca. after it passed into the hands of a receiver he was charged a fee of Tle 600.
Text read from the printed page and cleaned; old type leaves the occasional error.