It leads to negligence and dishonesty--negligence by losing interest in the case, and dishonesty in refusing to refund when you have allowed the consideration to fail.
This idea of a refund or reduction of charges from the lawyer in a failed case is a new one to me--but not a bad one.
LETTERS TO FAMILY MEMBERS
TO JOHN D. JOHNSTON.
January 2, 1851
DEAR JOHNSTON:--Your request for eighty dollars I do not think it best to comply with now. At the various times when I have helped you a little you have said to me, "We can get along very well now"; but in a very short time I find you in the same difficulty again. Now, this can only happen by some defect in your conduct. What that defect is, I think I know. You are not lazy, and still you are an idler. I doubt whether, since I saw you, you have done a good whole day's work in any one day. You do not very much dislike to work, and still you do not work much merely because it does not seem to you that you could get much for it. This habit of uselessly wasting time is the whole difficulty; it is vastly important to you, and still more so to your children, that you should break the habit. It is more important to them, because they have longer to live, and can keep out of an idle habit before they are in it, easier than they can get out after they are in.
You are now in need of some money; and what I propose is, that you shall go to work, "tooth and nail," for somebody who will give you money for it. Let father and your boys take charge of your things at home, prepare for a crop, and make the crop, and you go to work for the best money wages, or in discharge of any debt you owe, that you can get; and, to secure you a fair reward for your labor, I now promise you, that for every dollar you will, between this and the first of May, get for your own labor, either in money or as your own indebtedness, I will then give you one other dollar. By this, if you hire yourself at ten dollars a month, from me you will get ten more, making twenty dollars a month for your work. In this I do not mean you shall go off to St. Louis, or the lead mines, or the gold mines in California, but I mean for you to go at it for the best wages you can get close to home in Coles County. Now, if you will do this, you will be soon out of debt, and, what is better, you will have a habit that will keep you from getting in debt again. But, if I should now clear you out of debt, next year you would be just as deep in as ever. You say you would almost give your place in heaven for seventy or eighty dollars. Then you value your place in heaven very cheap, for I am sure you can, with the offer I make, get the seventy or eighty dollars for four or five months' work. You say if I will furnish you the money you will deed me the land, and, if you don't pay the money back, you will deliver possession. Nonsense! If you can't now live with the land, how will you then live without it? You have always been kind to me, and I do not mean to be unkind to you. On the contrary, if you will but follow my advice, you will find it worth more than eighty times eighty dollars to you.
Affectionately your brother,
TO C. HOYT.
SPRINGFIELD, Jan. 11, 1851.
C. HOYT, ESQ.
MY DEAR SIR:--Our case is decided against us. The decision was announced this morning. Very sorry, but there is no help. The history of the case since it came here is this. On Friday morning last, Mr. Joy filed his papers, and entered his motion for a mandamus, and urged me to take up the motion as soon as possible. I already had the points and authority sent me by you and by Mr. Goodrich, but had not studied them. I began preparing as fast as possible.
The evening of the same day I was again urged to take up the case. I refused on the ground that I was not ready, and on which plea I also got off over Saturday. But on Monday (the 14th) I had to go into it. We occupied the whole day, I using the large part. I made every point and used every authority sent me by yourself and by Mr.