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conduct of a cause. The client cannot of a paper, the testimony of a witness, be made the keeper of the lawyer's con- the language or the argument of opposscience in professional matters. He has ing counsel, or the language of a decino right to demand that his counsel shall sion or a text-book; or with knowledge aluse the opposite party or indulge in of its invalidity, to cite as authority a otícnsive personalities. Improper speech
Improper speech decision that has been overruled, or a is not excusable on the ground that it is statute that has been repcaled; or in arwhat the client would say if speaking gument to assert as a fact that which has in his own behalf.
not been proved; or, in those jurisdic19. Appearance of Lawyer as Wit- tions where a side has the opening and ness for His Client. When a lawyer closing arguments, to mislead his opis a witness for his client, except as to ponent by concealing or withholding merely formal matters, such as the at- positions in his opening argument upon testation or custody of an instrument which his side then intends to rely. and the like, he should leave the trial of It is unprofessional and dishonorable the case to other counsel. Except when to deal other than candidly with the essential to the ends of justice, a lawyer facts in taking the statements of witshould avoid testifying in court in be- nesses, in drawing affidavits and other half of his client.
documents, and in the presentation of 20. Newspaper Discussion of Pending Litigation Newspaper publications A lawyer should not offer evidence, by a lawyer as to pending or anticipated which he knows the court should reject, litigation may interfere with a fair trial in order to get the same before the jury in the courts and otherwise prejudice by argument for its admissibility, nor the due administration of justice. Gen- should he address to the judge arguments crally they are to be condemned. If the
upon any point not properly calling for extreme circumstances of a particular determination by him.
determination by him. Neither should case justify a statement to the public, he introduce into an argument, addressit is unprofessional to make it anony- ed to the court, remarks or statements mously. An ex parte reference to the intended to influence the jury or byfacts should not go beyond quotation standers. from the records and papers on file in
These and all kindred practices are the court; but even in extreme cases it unprofessional and unworthy of an ofis better to avoid any ex parte statement. ficer of the law, charged, as is the law
21. Punctuality and Expedition. It yer, with the duty of aiding in the adis the duty of the lawyer not only to his ministration of justice. client, but also to the courts and to the 23. Attitude Toward Jury. All atpublic to be punctual in attendance, and tempts to curry favor with juries by to be concise and direct in the trial and
fawning, flattery, or pretended solicitude disposition of causes.
for their personal comfort are unprofes22. Candor and Fairness. The con- sional. Suggestions of counsel, looking duct of the lawyer before the court and to the comfort or convenience of jurors, with other lawyers should be charac- and propositions to dispense with arguterized by candor and fairness.
ment, should be made to the court out of It is not candid or fair for the law- the jury's hearing. A lawyer must never yer knowingly to misquote the contents converse privately with jurors about the
case; and both before and during the
gaged to conceal his attorneyship, op! trial lie should avoid communicating employ secret personal solicitations, with them, even as to matters foreign to use means other than those addressi! to the cause.
to the reason and understanding to in 24. Right of Lawyer to Control the fluence action. Incidents of the Trial. As to inciden- 27. Advertising, Direct or Indirect tal matters pending the trial, not affect- The most worthy and cffective advertise. ing the merits of the cause or working ment possible, even for a young lawyer, substantial prejudice to the rights of the and especially with his brother lawyer, client, such as forcing the opposite law
is the establishment of a well-merite! yer to trial when he is under affliction or reputation for professional capacity and bereavement, forcing the trial on a par- fidelity to trust. This cannot be forced. ticular day, to the injury of the opposite but must be the outcome of character lawyer, when no harm will result from and conduct.
The publication or cir. a trial at a different time, agreeing to culation of ordinary simple business an extension of time for signing a bill cards, being a matter of personal taic of exceptions, cross-interrogatories, and or local custom, and sometimes of con. the like, the lawyer must be allowed to venience, is not per se improper. But judge. In such matters no client has a solicitation of business by circulars of right to demand that his counsel shall be advertisements, or by personal commu. . illiberal, or that he do anything therein nications or interviews, not warrante! repugnant to his own sense of honor and by personal relations, is unprofessional. propriety.
It is equally unprofessional to procure 25. Taking Technical Advantage of business by indirection through tourers Opposite Counsel-Agreements With of any kind, whether allied real estate Him. A lawyer should not ignore firms or trust companies advertising to known customs or practice of the bar or secure the drawing of deeds or wills or of a particular court, even when the law offering retainers in exchange for ex. permits, without giving timely notice toi ecutorships or trusteeships to be influencthe opposing counsel. As far as possible, ed by the lawyer. Indirect advertise.
. important agreements, affecting the ment for business, by furnishing or inrights of clients, should be reduced to spiring newspaper comments concerning writing; but it is dishonorable to avoid causes in which the lawyer has been or performance of an agreement fairly is engaged, or concerning the manner made because it is not reduced to writ- of their conduct, the magnitude of the ing, as required by rules of court. interests involved, the importance of the
26. Professional Advocacy Other lawyer's positions, and all other like sell. Than Before Courts. A lawyer openly, laudation, defy the traditions and lower and in his true character may render the tone of our high calling, and are in. professional services before legislative tolerable. or other bodies, regarding proposed leg- 28. Stirring up Litigation, Directly islation and in advocacy of claims before or Through Agents. It is unprofes. departments of government, upon the sional for a lawyer to volunteer advice same principles of ethics which justify to bring a lawsuit, except in rare cases his appearance before the courts; but where ties of blood, relationship, or trust it is unprofessional for a lawyer so en- make it his duty to do so. Stirring up
srisc and litigation is not only unpro- fession and to improve not only the law if-ional, but it is indictable at common but the administration of justice. all. It is disreputable to hunt up de- 30. Justifiable and Unjustifiable Liticets in titles or other causes of action igations. The lawyer must decline to and inform thereof in order to be em- conduct a civil cause or to make a depoyed to bring suit, or to breed litiga- fense when convinced that it is intendtion by seeking out those with claims
ed merely to harass or to injure the opfor personal injuries or those having posite party or to work oppression or any other grounds of action, in order to
But otherwise it is his right, ucure them as clients, or to employ and, having accepted retainer, it becomes agents or runners for like purposes, or his duty to insist upon the judgment of to pay or reward, directly or indirectly, the court as to the legal merits of his those who bring or influence the bring- client's claim. His appearance in court ing of such cases to his office, or to re- should be deemed equivalent to an asmunerate policemen, court or prison of- sertion on his honor that in his opinion fcials, physicians, hospital attachés, or his client's case is one proper for judiothers who may succeed, under the guise cial determination. of giving disinterested friendly advice, 31. Responsibility for Litigation. in influencing the criminal, the sick, and
No lawyer is obliged to act either as adthe injured, the ignorant or others, to viser or advocate for every person who scck his professional services. A duty may wish to become his client. He has 10 the public and to the profession de- the right to decline employment. Every rolves upon every member of the bar, lawyer upon his own responsibility must having knowledge of such practices up- decide what business he will accept as. on the part of any practitioner, immedi- counsel, what causes he will bring into ately to inform thereof to the end that court for plaintiffs, what cases he will the offender may be disbarred.
contest in court for defendants. The 29. Upholding the Honor of the responsibility for advising questionable Profession. Lawyers should expose transactions, for bringing questionable without fear or favor before the proper suits, for urging questionable defenses, tribunals corrupt or dishonest conduct is the lawyer's responsibility. He can- . in the profession, and should accept not escape it by urging as an excuse that without hesitation employment against he is only following his client's instruca member of the bar who has wronged tions. his client. The counsel upon the trial 32. The Lawyer's Duty in Its Last of a cause in which perjury has been Analysis. No client, corporate or incommitted owe it to the profession and dividual, however powerful, nor any to the public to bring the matter to the cause, civil or political, however importknowledge of the prosecuting authori- ant, is entitled to receive, nor should ties. The lawyer should aid in guard- any lawyer render, any service or advice ing the bar against the admission to the involving disloyalty to the law, whose profession of candidates unfit or un- ministers we are, or disrespect of the qualified because deficient in either mor- judicial office, which we are bound to al character or education. He should uphold, or corruption of any person or strive at all times to uphold the honor persons exercising a public office or priand to maintain the dignity of the pro- vate trust, or deception or betrayal of