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claim for money ped, laid out and ixpinded for the care and maintainance av the dear owld lady who was the innocint cause av all this fol-de-rol.
And the Lord only knows phwat other prepostherous follies these litigints might have cumbered the riccord with if a term av coort had not come on. The case was put upon the calindher. Thin the first grain av sinse was infused into it in the form av a dimurrer ore tenus to the diclaration. But the learned judge av the disthrict coort seemed unwilling to let up on such a charming comidy av irrors, so phwat does he do but overrule the dimmurrer. Thereupon the case was thried by a jury who let his honor nately out av the scrape be bringin in a verdict for the diffindint. A lucid inthervil followed durin which a judgmint av dismissal was signed.
An the plaintiff in irror, as he says in his pitition for the writ, deems himsilf aggrieved. And now comes the plaintiff in irror, an so-forth, and so-forth; an be his counsil, an so-forth. Faith he an his counsil might betther shtay where they war, and not be comin' here, where its cowld wilcome they'll get I warrant thim. An be that same token I'd have Misther Nowitol undershtand this coort is no place for tomfoolery. Look at this brief
av his; thirty-nine pages av annitations copied verbatim from a lah book. Annitations forsooth! To the Divil an Hades with thim. Sure it is with the writers of lah books as it is with those who invint
thaologicil works;-no sooner does God revale a truth than the Divil puts it into the head av some wan to annitate it, and before the annitator gets through the Divil himsilf couldn't tell to save his life phwat it manes. So it is with the lah. The judgmint must be affirmed. It is very clear to our minds that mothers-inlah are feræ nature. While most specimens av the feræ naturæ exist in a wild state it is well known they may be tamed. But tamin thim does not place thim outside av that class. No doubt mothers-inlah may be tamed, though the giniril belafe seems to be that attimps in this diriction are not very often succissful,—a fact which, as far as it goes, tinds to confirm our opinion. They have ever exercised the right to come an' go whin and where they plaze, and to choose their own domicils. These are the issential faytures av the feræ naturæ.
The diclaration was, therefore, fatally diffictive and the dimurrer ore tenus ought to have been sustained. Judgment affirmed, with costs.
Magno conatu magnas nugas.
American Bar Association
HIS Code of Professional Ethics was adopted by the American Bar Association at Seattle, Washington, August 27, 1908. The Association also adopted the recommendation of the Special Committee having charge of drafting the Code to the effect that the subject of Professional Ethics be taught in all law schools, and that all candidates for admission to the bar be examined thereon.
In America, where the stability of courts and of all departments of government rest upon the approval of the people, it is peculiarly essential that the system for establishing and dispensing justice be developed to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality of its administration. The future of the Re
II. THE CANON OF ETHICS. No code or set of rules can be framed which will particularize all the duties of the lawyer in the varying phases of litigation or in all the relations of professional life. The following canons of ethics are adopted by the American Bar Association as a general guide, yet the enumeration of particular duties should
not be construed as a denial of the existence of others equally imperative, though not specifically mentioned:
1. The Duty of the Lawyer to the Courts. It is the duty of the lawyer to maintain towards the courts a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance. Judges, not being wholly free to defend themselves, are peculiarly entitled to receive the support of the bar against unjust criticism and clamor. Whenever there is proper ground for serious complaint of a judicial officer, it is the right and duty of the lawyer to submit his grievances to the proper authorities. In such cases, but not otherwise, such charges should be encouraged and the person making them should be protected.
2. The Selection of Judges. It is the duty of the bar to endeavor to prevent political considerations from outweighing
public, to a great extent, depends upon judicial fitness in the selection of judges.
our maintenance of justice pure and unsullied. It cannot be so maintained unless the conduct and the motives of the members of our profession are such as to merit the approval of all just men.
It should protest earnestly and actively against the appointment or election of those who are unsuitable for the bench; and it should strive to have elevated thereto only those willing to forego other employments, whether of a business, political, or other character, which may embarrass their free and fair consideration of questions before them for decision. The aspiration of lawyers for judicial position should be governed by an impartial estimate of their ability to add honor to the office and not by a desire for the distinction the position may bring to themselves.
3. Attempts to Exert Personal Influence on the Court. Marked attention and unusual hospitality on the part of a lawyer to a judge, uncalled for by the personal relations of the parties, subject both the judge and the lawyer to misconstructions of motive and should be avoided. A lawyer should not communicate or argue privately with the judge as to the merits of a pending cause, and he deserves rebuke and denunciation for any device or attempt to gain from a judge special personal consideration or favor. A self-respecting independence in the discharge of professional duty, without denial or diminution of the courtesy and respect due the judge's station, is the only proper foundation for cordial personal and official relations between bench and bar.
cence of the accused is highly reprehensible.
6. Adverse Influences and Conflicting Interests. It is the duty of a law. yer at the time of retainer to disclose to the client all the circumstances of his relations to the parties, and any interest in or connection with the controversy. which might influence the client in the
selection of counsel.
It is unprofessional to represent conflicting interests, except by express con sent of all concerned given after a full disclosure of the facts. Within the meaning of this canon, a lawyer represents conflicting interests when, in be half of one client, it is his duty to con tend for that which duty to another client requires him to oppose.
The obligation to represent the client with undivided fidelity and not to di vulge his secrets or confidences forbids also the subsequent acceptance of retainers or employment from others in matters adversely affecting any interest of the client with respect to which confidence has been reposed.
7. Professional Colleagues and Conflicts of Opinion. A client's proffer of assistance of additional counsel should not be regarded as evidence of want of confidence, but the matter should be left to the determination of the client. A lawyer should decline association as colleague if it is objectionable to the original counsel, but if the lawyer first retained is relieved, another may come into the case.
When lawyers jointly associated in a cause cannot agree as to any matter vital to the interest of the client, the conflict of opinion should be frankly stated to him for his final determination. His decision should be accepted unless the nature of the difference makes it imprac ticable for the lawyer whose judgment