4. The attorney's remedy for recovering his fees.—An attorney may recover his fees from his client in an action of debt or indebitatus assumpsit, which he may maintain for business done in other courts as well as in that of which he is admitted an attorney. But an attorney cannot re cover for conducting a suit in which, owing to gross negligence or other cause, the client has had no benefit whatever from the attorney's superintendence. The 2 Geo. II. C. 23, is repealed, but § 23 is preserved in the new act, which provides that no attorney shall sue for the reco very of his fees or disbursements till the expiration of one lunar month after he has delivered to his client a bill of such fees or disbursements, written in a legible hand, and subscribed with his own hand ; and on application of the party charge able, by such bill, the court, or a judge or baron of the court in which the business is done, may refer the bill to be taxed by the proper officer; and if the attorney, or party chargeable, shall refuse to attend such taxation, the officer may tax the bill ex party, pending which reference and taxation no action shall be commenced for the demand; and on the taxation and settlement of the bill, the party shall pay to the attorney, or as the court shall direct, the whole sum due on the bill, or be liable to attachment or process of contempt ; and if it is found that the attorney has been overpaid, then he shall forthwith refund. The statute only applies to fees and disbursements for business done in a court of law or equity.
If the whole bill were for conveyancing, it could not formerly be taxed, but con veyancing costs may be taxed under 6 & 7 Viet : if any part of the bill be for business done in court, the bill must be delivered a month before the action is brought, or the attorney cannot recover, in which case all the items are taxed : under 6 & 7 Viet. the judge may autho rize an action before the expiration of the month. Many nice distinctions have been drawn as to what transactions of an at torney constitute business done in a court so as to render his bill subject to taxation. For these we must refer to Tidd's Prac tice, tit. " Attorneys." To assist an attorney in recovering his costs, he has a lien for the amount of his bill upon the deeds and papers of his client which have come to his hands in the course of his professional employ ment ; and, till his bill be paid, the court will not order them to be delivered up, nor can an action be maintained for them. The attorney has also the same lien on any money recovered by his client which comes to his hands in the character of his attorney. As a further security to the attorney, his client is not permitted to discharge him and substitute another without obtaining the leave of the court or a judge's order for that purpose, which is never granted except upon the terms of paying the first attorney's bill. See Rule, 2 Will. IV. reg. 1, § 93. (Bac. Abridgment, tit. "Attorney," 7th edition; Tidd's Practice, 9th edition, chaps. and xiv.)