Page images

were prone to deliver mere essays on Master of Laws, LL. M., and Master principles of law, without hitting the of Law, J. M.; the latter being conferpoint of the case, or, in fact, any point. red on college graduates. LL. B. and J. That the real issue be clearly defined, B. are the corresponding undergraduand that the contention of counsel be ate degrees. sustained whenever possible by leading The courses of the third undergraducases, the facts of which are so stated ate year may hereafter be so arranged as as to show them to be squarely on the to include Sovereignty and the other point, mere dicta, if cited at all, being requirements of the first year of the designated as such, and that it be ef- Master's Course; the second year being fectively maintained by oral argument, strictly of a graduate nature. is the sine qua non.

Mr. Adams insists If the Master's Course has brought that successful candidates shall measure home to the student the lesson which is up to this standard, and the limited num- its supreme design, it has taught him ber of degrees conferred is an evidence concentration. As Dean Bigelow sums of the way in which the standard is up the matter: "The scheme, I say maintained.

again, and finally, is to centralize attenThe course leads to the degrees of tion from first to last."

[blocks in formation]

The Repositories of the Law.

One of the Outlines Used by Prof. ROGER W. COOLEY in Connection with His Popular

Course of Instruction Where and How to Find the Law."

New York Supplement


of the Law.

[blocks in formation]

First Series
New Series,

[blocks in formation]

Code of Ethics for Lawyers. "

(A Satire.)


Of the Duties of Lawyers to Their Clients.
Of the Obligations of Old Lawyers toward Young Lawyers.
Of the Obligations of Young Lawyers toward Old Lawyers.
Of the Obligations Due the Court from Attorneys.
Advice to the Profession Generally.

Of the Duties of Lawyers to Their and he will then think you are enjoying Clients.

a large practice. The first thing to do is, to secure your


you represent the plaintiff, after the client. How to do that depends very

action is brought, have him call at your much upon the tact of the lawyer; a

office to talk the case over, and have him client you must have no matter at what

call often. You must insist on this. cost or how you manage it; and it must Many clients fail in this particular. Inbe a real, live one. After you have him,

sist on his coming "in season and out of to be sure of him, always demand a re

season.” He must bring with him all tainer. Retainers have made many law- of the witnesses, so you can talk the yers rich. You can usually do this by case over with them. It makes


fatelling him it is the rule of your office; miliar with each one's peculiar style of and insures good faith on his part. Give lying, and they become acquainted with him a receipt for it, to insure good faith your method of examination; and when on your part. If you are a young prac- you place them on the witness stand, the titioner, it is a good plan to take down questions and answers run on as smoothon paper all the circumstances connected ly as though you were answering your with the case; then tell him you are very questions yourself, and it will materially busy, and, that as the case will not need aid you in winning your case. Not that your immediate attention he had bet- you should educate them, or tell them ter go home and return in a few days. what to testify to. No, indeed, a repuThe point is this: it gives you time to table attorney is not so far lost to the look up the authorities, and impresses dignity of the profession as to do that. the client with the fact that you are the But by seeing them and talking freely busiest man in town. On the other hand, with them, you become fully advised as if you are an old practitioner, the plan to the facts in the case; only this and to pursue is to keep the client in and nothing more. Always inquire of your about your office as much and as long client all about his family, and in a casua time as possible, as it will give him an al way discover how much he is worth. opportunity to see your other clients, You will discover the reason of this sug

*From the "Lawyer's Code of Ethics," by Valmaer, published by the F. H. Thomas Law Book Co., St. Louis, Mo.

gestion when you come to settle with the justice has several lists, you must see him. It is a good custom to charge a that yours is the one he uses. You little more than you intend to accept- might also be on very friendly terms not more than you would like to re- with the sheriff and constable; it will ceive, as the people think lawyers would materially aid you in the drawing of the take the earth if they could, and then jury. would try to pocket the balance of the The jury system is a grand institufirmament; but it becomes a graceful tion; so was the tower of Babel—all the act, and makes the client feel good to difference is, that God took a hand in liave you throw off part of your fee. the one, and the devil occasionally takes

If the judge insists on affidavits for a hand in the other. After the jury is continuance, prepare them; and let your struck, you should employ all your leisclient swear to them. If you make a ure time in becoming acquainted with the good case on paper, the truthfulness of different members of it. Many a poor the affiant will not be inquired into. If case has been won, simply 'because the the court will not grant the continuance, attorney was solid with the jury. Also demand a jury; that will work a de- stand in with the justice. It is the height lay. And increase the cost bill, which of folly and an injustice to your client, the adverse side always pays. Delays to bring a suit before a justice with make costs, and costs go to the officers whom you are not on the warmest terms of the court; and the court officers ought of friendship.

of friendship. The reason why the to be looked after as well as the rights plaintiff usually wins before a justice of of litigants. Delays often defeat the the peace is, because his attorney has ends of justice, and you will notice that followed this rule implicitly. you can secure very frequently a larger You should try the case from the befee, for defeating the blind goddess, ginning with two points in view: first, than you can in assisting her. But at to win; second, to make a draw game. all times carry yourself as an upright, If you come to the conclusion that you dignified lawyer. Talk about the duty cannot win, then hang the jury. There of all lawyers to further the ends of jus- is no way to hang the justice or magistice, and to uphold law and good order. trate, and in this the practice should be But above all things, carry your point;

reformed. It would often be a source of then you are a successful man, and suc- much pleasure to the attorneys in the cess covers a multitude of sins.

case if they could hang the court; but In drawing a jury, always secure one as they cannot do that, they do the next that suits your side of the case. If the best thing; they paralyze him with their case is in a justice's court, a good plan legal lore and unanswerable logic, and is to furnish the magistrate with a list mystify the jury with their eloquence of the names of men on whom you can and buffoonery. If you are defeated, rely; so that in any event, no matter which sometimes will happen, then apwho the opposition strikes off, there will peal. Never remain licked, as long as be a majority of your friends left. Al- your client will pay costs, or give bond; so have some of your friends on hand so long as he comes up with his assessat the trial to serve as jurors; should ments to the retainer, just so long is it any of your first choice be peremptori- your duty to stick to him. Never forget ly challenged, they can fill the panel. If to appeal; at least give notice of appeal. It helps to let you down easy, and modi- other fellow will be very likely to hire fies the feelings of success in the bosom you the next time he comes into court, to of the opposing attorney.

abuse some one else. Another point: do not forget to ob- In your relations with your client, ject; object to everything, no matter show enough familiarity toward him to whether your objection is good in your

make him feel at ease in your presence. own mind or not; it may seem to be While it may be necessary to impress well taken by the court. Do not hesitate him with your importance by your dignito object, and when you can give no rea- fied manner, you should evidence that son, say you do it on general principles. much familiarity toward him that he If your objections are overruled, you would not hesitate to sit with his feet can go up on exceptions—for up you on your table, spit on your floor and call must go if you are licked below; and you by your first name, abbreviated as when you win above, your victory is the your mother did when you were a little more complete and more aggravating to boy. You should listen attentively to your adversary. Never let a man who is all his threadbare stories, and laugh at in need of the services of an attorney, all his superannuated jokes. Take an go without one because he is poor and

interest in the crop prospect if he is a has no money. When you discover that farmer; and discuss with him the relahe is impecunious, take him around and tive merits of butter and oleomargarine introduce him to some young member of if he is a grocer. Your duty demands the bar; or, as they are commonly call- that you be posted on all subjects, and ed, “a rising young lawyer.” They are be ready to cuss and discuss any and all always plenty around the corner or propositions your customer may spring across the hall. Tell the client that you upon you. are very busy, but that your young friend

The profession is an honorable one, (with emphasis on the word young, and

and the only way to keep up the standthe word friend spoken lightly) will pullard, is to permit no one to become a him through in great shape. By doing

member unless he has been regularly this you retain the good will of the client,

admitted according to law. It matters and gain the eternal friendship of the kid

very little what his natural abilities are, lawyer. These young men are easily

or what his legal attainments. No one caught by flattery, and they believe all cares as to his moral character, and his you say.

reputation is never inquired into. Your duty to your patron also de

that is necessary is to pass the examinamands that in your argument to the jury tion, secure his sheepskin and he is one you praise all his good qualities, and

Then if he happens to know abuse and magnify all the faults and ec- something, can read and write, and centricities of the other party to the ac

knows the difference between an estatetion. No matter how repugnant it is

tail and a shirt-tail, he is in a fair way to your feelings; or even though it be to success. On the contrary, should he notoriously false, a lie on its face. Wade be studious, and spend his time in study in! Bang away! Make the fur fly! and deep research, he might become a This is a great stroke of policy, for you bookworm, and, like Blackstone, remain not only please your own side but the unknown for years; and when found he

of us.

« PreviousContinue »