Proceedings of the Nebraska State Bar Association, Volume 3The Association, 1909 - Bar associations |
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action administration of justice adopted amendment American Bar American Bar Association appeal appellate courts attorney Bar Association bench Broken Bow called cause century chief justice citizen citizenship civil law client combination Committee on Legislation common law Company competition Congress consider constitution controversy corporation counsel criminal David City decision defendant district duty economic enactments England English ethics existing fact Federal Flansburg Fourteenth Amendment important individual interest involved John judges judgment judicial judiciary jurisdiction jurisprudence jurists jurors jury lawyer legislature litigation Marshall Memorial matter meeting ment modern monopoly Nebraska Nebraska City North Platte Omaha Omaha opinion Pandects party peremptory challenges Plattsmouth pleading political popular practice present President principles procedure profession question reason recommended reform Roman law Roscoe Pound rules secure statute Supreme Court tion trial tribunal trust United verdict vote
Popular passages
Page 72 - The Executive not only dispenses the honors, but holds the sword of the community. The Legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The Judiciary, on the contrary, has no influence over either the sword or the purse ; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment ; and must...
Page 16 - ... while employed in the particular case or antagonisms with other clients ; (3) the customary charges of the Bar for similar services; (4) the amount involved in the controversy and the benefits resulting to the client from the services; (5) the contingency or the certainty of the compensation; and (6) the character of the employment, whether casual or for an established and constant client. No one of these considerations in itself is controlling. They are mere guides in ascertaining the real value...
Page 22 - It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relationship or trust make it his duty to do so. Stirring up strife and litigation is not only unprofessional, but it is indictable at common law.
Page 15 - ADVISING UPON THE MERITS OF A CLIENT'S CAUSE A lawyer should endeavor to obtain full knowledge of his client's cause before advising thereon, and he is bound to give a candid opinion of the merits and probable result of pending or contemplated litigation.
Page 72 - The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like.
Page 17 - In the judicial forum the client is entitled to the benefit of any and every remedy and defense that is authorized by the law of the land, and he may expect his lawyer to assert every such remedy or defense. But it is...
Page 22 - Lawyers should expose without fear or favor before the proper tribunals corrupt or dishonest conduct in the profession, and should accept without hesitation employment against a member of the bar who has wronged his client.
Page 18 - Between Advocates. Clients, not lawyers, are the litigants. Whatever may be the ill-feeling existing between clients, it should not be allowed to influence counsel in their conduct and demeanor toward each other or toward suitors in the case. All personalities between counsel should be scrupulously avoided. In the trial of a cause it is indecent to allude to the personal history or the personal peculiarities and idiosyncrasies of counsel on the other side. Personal colloquies between counsel which...
Page 13 - It is the right of the lawyer to undertake the defense of a person accused of crime, regardless of his personal opinion as to the guilt of the accused; otherwise innocent persons, victims only of suspicious circumstances, might be denied proper defense.
Page 12 - It is the duty of the Bar to endeavor to prevent political considerations from outweighing judicial fitness in the selection of judges. It should protest earnestly and actively against the appointment or election of those who are unsuitable for the Bench...