« PreviousContinue »
claim for money ped, laid out and ix
av his ;—thirty-nine pages av annitations pinded for the care and maintainance av
copied verbatim from a lah book. Anni. the dear owld lady who was the innocint
tations forsooth! To the Divil an Hades cause av all this fol-de-rol.
with thim. Sure it is with the writers of And the Lord only knows phwat other lah books as it is with those who invint prepostherous follies these litigints might thaologicil works ;-no sooner does God have cumbered the riccord with if a term
revale a truth than the Divil puts it into av coort had not come on. The case was the head av some wan to annitate it, and put upon the calindher. Thin the first
before the annitator gets through the grain av sinse was infused into it in the Divil himsilf couldn't tell to save his life form av a dimurrer ore tenus to the dic- phwat it manes. So it is with the lah. laration. But the learned judge av the The judgmint must be affirmed. It is disthrict coort seemed unwilling to let up very clear to our minds that mothers-in. on such a charming comidy av irrors, so lah are fere nature. While most speciphwat does he do but overrule the dim- mens av the feræ naturæ exist in a wild murrer. Thereupon the case was thried state it is well known they may be tamed. by a jury who let his honor nately out av But tamin thim does not place thim outthe scrape be bringin in a verdict for the side av that class. No doubt mothers-in. diffindint. A lucid inthervil followed lah may be tamed, though the giniril bedurin which a judgmint av dismissal was lafe seems to be that attimps in this diric. signed.
tion are not very often succissful,-a fact An the plaintiff in irror, as he says in which, as far as it goes, tinds to confirm his pitition for the writ, deems himsilf our opinion. They have ever exercised aggrieved. And now comes the plaintiff the right to come an' go whin and where in irror, an so-forth, and so-forth; an be they plaze, and to choose their own domhis counsil, an so-forth. Faith he an his icils. These are the issential faytures av counsil might betther shtay where they the fere nature. war, and not be comin' here, where its The diclaration was, therefore, fatalcowld wilcome they'll get I warrant thim. ly diffictive and the dimurrer ore tenus An be that same token I'd have Misther ought to have been sustained. Judgment Nowitol undershtand this coort is no affirmed, with costs. place for tomfoolery. Look at this brief Magno conatu magnas nugas.
American Bar Association
Canons of Ethics.
gust 27, 1908.
HIS Code of Professional Ethics not be construed as a denial of the ex
was adopted by the American Bar istence of others equally imperative, Association at Seattle, Washington, Au- though not specifically mentioned:
The Association also 1. The Duty of the Lawyer to the adopted the recommendation of the Spe- Courts. It is the duty of the lawyer to cial Committee having charge of draft- maintain towards the courts a respectful ing the Code to the effect that the sub- attitude, not for the sake of the tempoject of Professional Ethics be taught in rary incumbent of the judicial office, but all law schools, and that all candidates for the maintenance of its supreme imfor admission to the bar be examined
portance. Judges, not being wholly free thereon.
to defend themselves, are peculiarly en
titled to receive the support of the bar 1.-PREAMBLE.
against unjust criticism and clamor.
Whenever there is proper ground for In America, where the stability of
serious complaint of a judicial officer, courts and of all departments of govern
it is the right and duty of the lawyer to ment rest upon the approval of the peo
submit his grievances to the proper auple, it is peculiarly essential that the
thorities. In such cases, but not othersystem for establishing and dispensing wise, such charges should be encouraged justice be developed to a high point of
and the person making them should be efficiency and so maintained that the
protected public shall have absolute confidence in
2. The Selection of Judges. It is the the integrity and impartiality of its ad
duty of the bar to endeavor to prevent ministration. The future of the Re
political considerations from outweighing public, to a great extent, depends upon
judicial fitness in the selection of judges. our maintenance of justice pure and un
It should protest earnestly and actively sullied. It cannot be so maintained unless the conduct and the motives of the
against the appointment or election of
those who are unsuitable for the bench; members of our profession are such as
and it should strive to have elevated to merit the approval of all just men.
thereto only those willing to forego oth
er employments, whether of a business, II.—THE CANON OF ETHICS.
political, or other character, which may No code or set of rules can be framed embarrass their free and fair considerawhich will particularize all the duties of tion of questions before them for decithe lawyer in the varying phases of liti- sion. The aspiration of lawyers for jugation or in all the relations of profes- dicial position should be governed by an sional life. The following canons of impartial estimate of their ability to add ethics are adopted by the American Bar honor to the office and not by a desire Association as a general guide, yet the
for the distinction the position may enumeration of particular duties should bring to themselves.
3. Attempts to Exert Personal In
cence of the accused is highly reprehenfluence on the Court. Marked attention sible. and unusual hospitality on the part of
6. Adverse Influences and Conflict. a lawyer to a judge, uncalled for by the
ing Interests. It is the duty of a law. personal relations of the parties, subject yer at the time of retainer to disclose both the judge and the lawyer to mis
to the client all the circumstances of his constructions of motive and should be relations to the parties, and any interest avoided. A lawyer should not communi
in or connection with the controversy. cate or argue privately with the judge which might influence the client in the as to the merits of a pending cause, and selection of counsel. he deserves rebuke and denunciation for
It is unprofessional to represent con. any device or attempt to gain from a
flicting interests, except by express conjudge special personal consideration or sent of all concerned given after a full favor. A self-respecting independence disclosure of the facts. in the discharge of professional duty, meaning of this canon, a lawyer repre. without denial or diminution of the cour- sents conflicting interests when, in betesy and respect due the judge's station, half of one client, it is his duty to con. is the only proper foundation for cordial tend for that which duty to another personal and official relations between
client requires him to oppose. bench and bar.
The obligation to represent the client 4. When Counsel for an Indigent
with undivided fidelity and not to die Prisoner. A lawyer assigned as coun- vulge his secrets or confidences forbids sel for an indigent prisoner ought not
also the subsequent acceptance of reto ask to be excused for any trivial rea- tainers or employment from others in son, and should always exert his best ef- matters adversely affecting any interest forts in his behalf.
of the client with respect to which con5. The Defense or Prosecution of fidence has been reposed. Those Accused of Crime. It is the 7. Professional Colleagues and Conright of the lawyer to undertake the de- Aicts of Opinion. A client's proffer of fense of a person accused of crime, re- assistance of additional counsel should gardless of his personal opinion as to not be regarded as evidence of want of the guilt of the accused; otherwise in- confidence, but the matter should be left nocent persons, victims only of sus- to the determination of the client. A picious circumstances, might be denied lawyer should decline association as col.
Having undertaken league if it is objectionable to the orig. such defense, the lawyer is bound by all inal counsel, but if the lawyer first re. fair and honorable means, to present
tained is relieved, another may come in. every defense that the law of the land
to the case. permits, to the end that no person may When lawyers jointly associated in a be deprived of life or liberty, but by due cause cannot agree as to any matter vital process of law.
to the interest of the client, the conflict The primary duty of a lawyer engaged of opinion should be frankly stated to in public prosecution is not to convict, him for his final determination. His but to see that justice is done. The supe decision should be accepted unless the pression of facts or the secreting of wit- nature of the difference makes it imprac. nesses capable of establishing the inno- ticable for the lawyer whose judgment