XII. Candidates for admission shall present themselves prepared for examination in the following subjects: Constitutional law, including the constitutions of the United States and (the candidate's state), equity, trusts and suretyships, the law of real and personal property, evidence, decedents' estates, landlord and tenant, mortgages, contracts, partnership, corporations, crimes torts agency, sales, negotiable instruments, domestic relations, master and servant, common-law pleading and practice, federal and state practice, conflict of laws, professional ethics, the federal statutes relating to the judiciary and to bankruptcy, and the development in (the candi date's state) of the principles of law, as exemplified by the decisions of its highest appellate court and by statutory enactment, and other subjects ordinarily covered in the curriculum of standard law schools. XIII. At least thirty days before the State Board's certificate shall be issued to any candidates who shall have passed the examination, the name of such candidate shall be published by the Board in a newspaper of general circulation, and also in a law periodical, if there be one within the state jurisdiction. XIV. From the examination fees received the members of the State Board shall receive such compensation as the highest appellate court of the state may from time to time by order direct. XV. The fee for examination for admission shall be $[25], and passing upon registration credentials in the matter of general educational qualifications $[5]. XVI. The State Board shall consist of five members of the Bar, no one of whom shall receive student candidates in his office in preparation for call to the bar, or be connected with the faculty or governing body of any law school presenting candidates for admission. In addition to the foregoing rules, submitted in their original form by the Committee on Standard Rules, the following resolution was offered on the floor of the Section at the Salt Lake City meeting and there discussed and adopted (1915 A. B. A. Reports, pp. 728-733). It goes in due course to the Committee on Legal Education, for consideration and report to the general meeting of the Association: "Resolved, that it is desirable that a personal examination of each applicant for admission to the Bar should be had as to his moral character, such examination to be in addition to the examination as to his educational qualifications, and also in addition to the requirement of certificates as to his moral character." CODE OF ETHICS Adopted by American Bar Association Annotated NOTE.-References to the topics and sections of the Decennial Digest refer also to the topics and sections of all Key-Numbered Digests including the American Digest, Key-Number Series, covering all late cases from every jurisdiction, and recent Reporter Digests. 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. Annot. Attacking or criticising court as ground for disbarment, see Attorney and Client, Cent. Dig. §§ 59, 60; Dec. Dig. 43. Attacking or criticising court as constituting contempt, see Contempt, Cent. Dig. §§ 6-10; Dec. Dig. 6. Suspension or removal of judge and liability of judge for official acts, see Judges, Cent. Dig. §§ 42-45, 165–180; Dec. Dig. 11, 36, 37. Remarks and conduct of judge on trial of case in general, see Criminal Law, Cent. Dig. §§ 1520-1535; Dec. Dig. 654-658; Trial, Cent. Dig. §§ 80-84; Dec. Dig. 29. 2. The Selection of Judges. It is the duty of the Bar to endeavor to prevent political considerations from out-weighing 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; 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. Annot. Appointment, eligibility, and qualification of judges, see Judges, Cent. Dig. §§ 1-23; Dec. Dig. 1-5. 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. Annot. Attempting to influence court as constituting contempt justifying disbarment of attorney, see Attorney and Client, Cent. Dig. § 60. 4. When Counsel for an Indigent Prisoner. A lawyer assigned as counsel for an indigent prisoner ought not to ask to be excused for any trivial reason, and should always exert his best efforts in his behalf. Annot. Assignment as counsel by the court, and skill and care required of attorney, see Attorney and Client, Cent. Dig. §§ 31, 218; Dec. Dig. 23; Criminal Law, Cent. Dig. §§ 1500-1505; Dec. Dig. b 641. 5. The Defense or Prosecution of Those Accused of Crime. 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. Having undertaken such defense, the lawyer is bound by all fair and honorable means, to present every defense that the law of the land permits, to the end that no person may be deprived of life or liberty, but by due process of law. The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done. The suppression of facts or the secreting of witnesses capable of establishing the innocence of the accused is highly reprehensible. Annot. Defense of criminal in general, see Attorney and Client, Cent. Dig. §§ 31, 218; Dec. Dig. 23; Criminal Law, Cent. Dig. §§ 1496-1506; Dec. Dig. ~641. Misconduct of counsel, ground for new trial, see Criminal Law, Cent. Dig. §§ 2197-2201; Dec. Dig. 919. Functions of office and powers and duties of prosecuting attorneys, see District and Prosecuting Attorneys, Cent. Dig. §§ 1, 34-37; Dec. Dig. 1, 8, 9. 6. Adverse Influences and Conflicting Interests. It is the duty of a lawyer 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 consent of all concerned given after a full disclosure of the facts. Within the meaning of this canon, a lawyer represents conflicting interests when, in behalf of one client, it is his duty to contend for that which duty to another client requires him to oppose. The obligation to represent the client with undivided fidelity and not to divulge his secrets or confidences forbids also the |