17. Ill Feeling and Personalities 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 cause delay and promote unseemly wrangling should also be carefully avoided.

Annot.

Conduct toward other attorneys, ground for disbarment, see Attorney and Client, Cent. Dig. § 61; Dec. Dig. 38.

Use of abusive language and retaliatory statements and remarks by attorneys, see Trial, Cent. Dig. §§ 308, 310; Dec. Dig.

18. Treatment of Witnesses and Litigants.

126, 129.

A lawyer should always treat adverse witnesses and suitors with fairness and due consideration, and he should never minister to the malevolence or prejudices of a client in the trial or conduct of a cause. The client cannot be made the keeper of the lawyer's conscience in professional matters. He has no right to demand that his counsel shall abuse the opposite party or indulge in offensive personalities. Improper speech is not excusable on the ground that it is what the client would say if speaking in his own behalf.

Annot.

Duties and liabilities to adverse parties and to third persons, see Attorney and Client, Cent. Dig. § 38; Dec. Dig. 26.

Use of abusive language and retaliatory statements or remarks, see Trial, Cent. Dig. §§ 308, 310; Dec. Dig. 126, 129.

19. Appearance of Lawyer as Witness for His Client. When a lawyer is a witness for his client, except as to merely formal matters, such as the attestation or custody of an instrument and the like, he should leave the trial of the case to

other counsel. Except when essential to the ends of justice, a lawyer should avoid testifying in Court in behalf of his client.

Annot.

Competency of attorneys as witnesses, see Witnesses, Cent. Dig. §§ 79, 121-123; Dec. Dig. ~67.

20. Newspaper Discussion of Pending Litigation.

Newspaper publications by a lawyer as to pending or anticipated litigation may interfere with a fair trial in the Courts and otherwise prejudice the due administration of justice. Generally they are to be condemned. If the extreme circumstances of a particular case justify a statement to the public, it is unprofessional to make it anonymously. An ex parte reference to the facts should not go beyond quotation from the records and papers on file in the Court; but even in extreme cases it is better to avoid any ex parte statement.

Annot.

Publications relating to pending proceedings as constituting contempt, see Contempt, Cent. Dig. §§ 15, 16; Dec. Dig. 9.

21. Punctuality and Expedition.

It is the duty of the lawyer not only to his client, but also to the Courts and to the public, to be punctual in attendance, and to be concise and direct in the trial and disposition of

causes.

Annot.

Absence of counsel as ground for continuance, see Continuance, Cent. Dig. § 51; Dec. Dig. 20; Criminal Law, Cent. Dig. §§ 1313,

1320; Dec. Dig. 587, 593.

Absence of counsel as ground for new trial, see Criminal Law, Cent. Dig. § 2205; Dec. Dig. § 920; New Trial, Cent. Dig. §§ 173, 174; Dec. Dig.

87.

22. Candor and Fairness.

The conduct of the lawyer before the Court and with other lawyers should be characterized by candor and fairness.

It is not candid or fair for the lawyer knowingly to misquote the contents of a paper, the testimony of a witness, the lan

guage or the argument of opposing counsel, or the language of a decision or a text-book; or with knowledge of its invalidity, to cite as authority a decision that has been overruled, or a statute that has been repealed; or in argument to assert as a fact that which has not been proved, or in those jurisdictions where a side has the opening and closing arguments to mislead his opponent by concealing or withholding positions in his opening argument upon which his side then intends to rely.

It is unprofessional and dishonorable to deal other than candidly with the facts in taking the statements of witnesses, in drawing affidavits and other documents, and in the presentation of causes.

A lawyer should not offer evidence, which he knows the Court should reject, in order to get the same before the jury by argument for its admissibility, nor should he address to the Judge arguments upon any point not properly calling for determination by him. Neither should he introduce into an argument, addressed to the Court, remarks or statements intended to influence the jury or bystanders.

These and all kindred practices are unprofessional and unworthy of an officer of the law charged, as is the lawyer, with the duty of aiding in the administration of justice.

Annot.

Argument and conduct of counsel in general, see Criminal Law, Cent. Dig. §§ 1655-1693; Dec. Dig. 699–730; Trial, Cent. Dig. §§ 267-309; Dec. Dig. 106–133.

Regulation of professional conduct of attorneys and conduct ground for disbarment, see Attorney and Client, Cent. Dig. §§ 45, 51, 53, 54, 61; Dec. Dig. 32, 38, 41, 42.

Conduct constituting contempt, see Contempt, Cent. Dig. § 21; Dec. Dig. 10.

23. Attitude Toward Jury.

All attempts to curry favor with juries by fawning, flattery or pretended solicitude for their personal comfort are unprofessional. Suggestions of counsel, looking to the comfort or

convenience of jurors, and propositions to dispense with argument, should be made to the Court out of the jury's hearing. A lawyer must never converse privately with jurors about the case; and both before and during the trial he should avoid communicating with them, even as to matters foreign to the

cause.

Annot.

Arugment and conduct of counsel in general, see Criminal Law, Cent. Dig. §§ 1655-1687; Dec. Dig. §§ 699-726; Trial, Cent. Dig. §§ 267-316, 729; Dec. Dig. 106-133, 305.

Argument and conduct ground for new trial, see Criminal Law, Cent. Dig. §§ 2197-2201, 2255, 2265; Dec. Dig. 919, 932; New Trial, Cent. Dig. §§ 43, 44, 92, 97-99; Dec. Dig. 29, 47, 49.

24. Right of Lawyer to Control the Incidents of the Trial. As to incidental matters pending the trial, not affecting the merits of the cause, or working substantial prejudice to the rights of the client, such as forcing the opposite lawyer to trial when he is under affliction or bereavement; forcing the trial on a particular day to the injury of the opposite lawyer when no harm will result from a trial at a different time; agreeing to an extension of time for signing a bill of exceptions, crossinterrogatories and the like, the lawyer must be allowed to judge. In such matters no client has a right to demand that his counsel shall be illiberal, or that he do anything therein repugnant to his own sense of honor and propriety.

Annot.

Authority of attorney as to conduct of litigation, see Attorney and Client, Cent. Dig. §§ 161-189; Dec. Dig. 87-96.

Duty of attorney to follow instructions of client, see Attorney and Client, Cent. Dig. § 220; Dec. Dig. 108.

25. Taking Technical Advantage of Opposite CounselAgreements With Him.

A lawyer should not ignore known customs or practice of the Bar or of a particular Court, even when the law permits, without giving timely notice to the opposing counsel. As far

as possible, important agreements, affecting the rights of clients, should be reduced to writing; but it is dishonorable to avoid performance of an agreement fairly made because it is not reduced to writing, as required by rules of Court.

Annot.

Binding effect of agreements between counsel, see Attorney and Client, Cent. Dig. § 171.

Validity of oral stipulations, see Stipulations, Cent. Dig. §§ 5-13, 63; Dec. Dig. 6, 19.

26. Professional Advocacy Other Than Before Courts.

A lawyer openly and in his true character may render professional services before legislative or other bodies, regarding proposed legislation and in advocacy of claims before departments of government, upon the same principles of ethics which justify his appearance before the Courts; but it is unprofessional for a lawyer so engaged to conceal his attorneyship, or to employ secret personal solicitations, or to use means other than those addressed to the reason and understanding to influence action.

Annot.

Validity of lobbying contracts, see Contracts, Cent. Dig. §§ 587589; Dec. Dig. 126.

27. Advertising, Direct or Indirect.

The most worthy and effective advertisement possible, even for a young lawyer, and especially with his brother lawyers, is the establishment of a well-merited reputation for professional capacity and fidelity to trust. This cannot be forced, but must be the outcome of character and conduct. The publication or circulation of ordinary simple business cards, being a matter of personal taste or local custom, and sometimes of convenience, is not per se improper. But solicitation of business by circulars or advertisements, or by personal communications or interviews, not warranted by personal relations, is unprofessional. It is equally unprofessional to procure business by in