Page images
PDF
EPUB

were prone to deliver mere essays on principles of law, without hitting the point of the case, or, in fact, any point. That the real issue be clearly defined, and that the contention of counsel be sustained whenever possible by leading cases, the facts of which are so stated as to show them to be squarely on the point, mere dicta, if cited at all, being designated as such, and that it be effectively maintained by oral argument, is the sine qua non. Mr. Adams insists that successful candidates shall measure up to this standard, and the limited number of degrees conferred is an evidence. of the way in which the standard is maintained.

The course leads to the degrees of

Master of Laws, LL. M., and Master of Law, J. M.; the latter being conferred on college graduates. LL. B. and J. B. are the corresponding undergraduate degrees.

The courses of the third undergraduate year may hereafter be so arranged as to include Sovereignty and the other requirements of the first year of the Master's Course; the second year being strictly of a graduate nature.

If the Master's Course has brought home to the student the lesson which is its supreme design, it has taught him concentration. As Dean Bigelow sums up the matter: "The scheme, I say again, and finally, is to centralize attention from first to last."

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."

[blocks in formation]

Code of Ethics for Lawyers.*
(A Satire.)

By VALMAER.

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

Clients.

The first thing to do is, to secure your client. How to do that depends very much upon the tact of the lawyer; a client you must have no matter at what cost or how you manage it; and it must be a real, live one. After you have him, to be sure of him, always demand a retainer. Retainers have made many lawyers rich. You can usually do this by telling him it is the rule of your office; and insures good faith on his part. Give him a receipt for it, to insure good faith. on your part. If you are a young practitioner, it is a good plan to take down on paper all the circumstances connected with the case; then tell him you are very busy, and, that as the case will not need your immediate attention he had better go home and return in a few days. The point is this: it gives you time to look up the authorities, and impresses the client with the fact that you are the busiest man in town. On the other hand, if you are an old practitioner, the plan to pursue is to keep the client in and about your office as much and as long a time as possible, as it will give him an opportunity to see your other clients,

and he will then think you are enjoying a large practice.

If you represent the plaintiff, after the action is brought, have him call at your office to talk the case over, and have him call often. You must insist on this. Many clients fail in this particular. Insist on his coming "in season and out of season." He must bring with him all of the witnesses, so you can talk the case over with them. It makes you familiar with each one's peculiar style of lying, and they become acquainted with your method of examination; and when you place them on the witness stand, the questions and answers run on as smoothly as though you were answering your questions yourself, and it will materially aid you in winning your case. Not that you should educate them, or tell them what to testify to. No, indeed, a reputable attorney is not so far lost to the dignity of the profession as to do that. But by seeing them and talking freely with them, you become fully advised as to the facts in the case; only this and nothing more. Always inquire of your client all about his family, and in a casual way discover how much he is worth. 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 him. It is a good custom to charge a little more than you intend to accept not more than you would like to receive, as the people think lawyers would take the earth if they could, and then would try to pocket the balance of the firmament; but it becomes a graceful act, and makes the client feel good to have you throw off part of your fee.

If the judge insists on affidavits for continuance, prepare them; and let your client swear to them. If you make a good case on paper, the truthfulness of the affiant will not be inquired into. If the court will not grant the continuance, demand a jury; that will work a delay. And increase the cost bill, which the adverse side always pays. Delays make costs, and costs go to the officers of the court; and the court officers ought to be looked after as well as the rights of litigants. Delays often defeat the ends of justice, and you will notice that you can secure very frequently a larger fee, for defeating the blind goddess, than you can in assisting her. But at all times carry yourself as an upright, dignified lawyer. Talk about the duty of all lawyers to further the ends of justice, and to uphold law and good order. But above all things, carry your point; then you are a successful man, and success covers a multitude of sins.

In drawing a jury, always secure one that suits your side of the case. If the case is in a justice's court, a good plan is to furnish the magistrate with a list of the names of men on whom you can rely; so that in any event, no matter who the opposition strikes off, there will be a majority of your friends left. Also have some of your friends on hand at the trial to serve as jurors; should any of your first choice be peremptorily challenged, they can fill the panel. If

the justice has several lists, you must see that yours is the one he uses. You might also be on very friendly terms with the sheriff and constable; it will materially aid you in the drawing of the jury.

The jury system is a grand institution; so was the tower of Babel-all the difference is, that God took a hand in the one, and the devil occasionally takes a hand in the other. After the jury is struck, you should employ all your leisure time in becoming acquainted with the different members of it. Many a poor case has been won, simply because the attorney was solid with the jury. Also stand in with the justice. It is the height of folly and an injustice to your client, to bring a suit before a justice with whom you are not on the warmest terms of friendship. The reason why the plaintiff usually wins before a justice of the peace is, because his attorney has followed this rule implicitly.

You should try the case from the beginning with two points in view: first, to win; second, to make a draw game. If you come to the conclusion that you cannot win, then hang the jury. There is no way to hang the justice or magistrate, and in this the practice should be reformed. It would often be a source of much pleasure to the attorneys in the case if they could hang the court; but as they cannot do that, they do the next best thing; they paralyze him with their legal lore and unanswerable logic, and mystify the jury with their eloquence and buffoonery. If you are defeated, which sometimes will happen, then appeal. Never remain licked, as long as your client will pay costs, or give bond; so long as he comes up with his assessments to the retainer, just so long is it your duty to stick to him. Never forget. to appeal; at least give notice of appeal.

It helps to let you down easy, and modifies the feelings of success in the bosom of the opposing attorney.

Another point: do not forget to object; object to everything, no matter whether your objection is good in your own mind or not; it may seem to be well taken by the court. Do not hesitate to object, and when you can give no reason, say you do it on general principles. If your objections are overruled, you can go up on exceptions-for up you must go if you are licked below; and when you win above, your victory is the more complete and more aggravating to your adversary. Never let a man who is in need of the services of an attorney, go without one because he is poor and has no money. When you discover that he is impecunious, take him around and introduce him to some young member of the bar; or, as they are commonly called, "a rising young lawyer." They are always plenty around the corner or across the hall. Tell the client that you are very busy, but that your young friend (with emphasis on the word young, and the word friend spoken lightly) will pull him through in great shape. By doing this you retain the good will of the client, and gain the eternal friendship of the kid lawyer. These young men are easily caught by flattery, and they believe all

you say.

Your duty to your patron also demands that in your argument to the jury you praise all his good qualities, and abuse and magnify all the faults and eccentricities of the other party to the action. No matter how repugnant it is to your feelings; or even though it be notoriously false, a lie on its face. Wade in! Bang away! Make the fur fly! This is a great stroke of policy, for you not only please your own side but the

other fellow will be very likely to hire you the next time he comes into court, to abuse some one else.

In your relations with your client, show enough familiarity toward him to make him feel at ease in your presence. While it may be necessary to impress him with your importance by your dignified manner, you should evidence that much familiarity toward him that he would not hesitate to sit with his feet on your table, spit on your floor and call you by your first name, abbreviated as your mother did when you were a little boy. You should listen attentively to all his threadbare stories, and laugh at all his superannuated jokes. Take an interest in the crop prospect if he is a farmer; and discuss with him the relative merits of butter and oleomargarine if he is a grocer. Your duty demands that you be posted on all subjects, and be ready to cuss and discuss any and all propositions your customer may spring

upon you.

The profession is an honorable one, and the only way to keep up the standard, is to permit no one to become a member unless he has been regularly admitted according to law. It matters very little what his natural abilities are, or what his legal attainments. No one cares as to his moral character, and his reputation is never inquired into. All that is necessary is to pass the examination, secure his sheepskin and he is one

of us. Then if he happens to know something, can read and write, and knows the difference between an estatetail and a shirt-tail, he is in a fair way to success. On the contrary, should he be studious, and spend his time in study and deep research, he might become a bookworm, and, like Blackstone, remain unknown for years; and when found he

« PreviousContinue »