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Undoubtedly there is one thing more, and that is the greatest of all; I mean, professional integrity. Now and then a trick or strategem may succeed; but in the end chicanery always ruins him who practices it. Be as acute and discriminating as you please; but, by all means, avoid artifice. It never yet raised a man to honorable distinction. A cunning lawyer, if not a knave, is very likely to be mistaken for
whereas uncompromising probity is sure to win confidence in every quarter. You will find it as true in your practice as in geometry that the straight line is always the shortest distance between two points. So long as the litigious spirit exists among mankind, and human affairs are uncertain, the principle which requires a division of labor in all other cases will require it also in this; and we may safely conclude that a distinct class of men will always be required to conduct the litigation of their fellowmen. But let us remember that in
becoming attorneys we do not cease to be moral agents; that in pledging ourselves to our clients we do not also pledge to them our consciences; and, therefore, that no principle can justify us in doing for them what we should blush to think of doing for ourselves. It is a rascally maxim that everything is fair in litigation. The greatest fee ever offered is no justification for attempting to gain a cause by dishonest means; and I reach the result that, if there were no such thing as religious and moral obligation, it would still be true that the strictest honesty is the lawyer's wisest policy. So, then, go forward with the unwavering purpose that, come what may, you will hold fast to your integrity. Let this unbending integrity co-operate with a daily increasing knowledge of the law and a faithful attention to the business committed to you, and your success is as certain as anything future can be.
Meeting of the Educational Council of the
American Institute of Law
HE third meeting of the Education
al Council of the American Institute of Law was held in New York City on February 25 and 26, 1910. Judge William J. Wallace, of the New York City Bar, formerly United States Circuit Judge for the Second Judicial Circuit, presided. There were present, of the Council, Judge Wallace; Dean Hogate, of the Indiana University School of Law; Judge Ingersoll, Dean of the University of Tennessee Law School; Judge Jaggard, of the Supreme Bench of Minnesota, Professor of Law in the Univer
sity of Minnesota; Dean Walz, of the University of Maine College of Law; Charles M. Hepburn, Dean of the American Institute of Law; William Mack, of the law faculty of the Institute; William Lawrence Clark, of the law faculty of the Institute; and Archibald C. Boyd, professor of law in Boston University, who acted as secretary.
Three sessions of the Council were held. The first was given to an individual examination by the different members of the Council of the Institute's methods of teaching, as seen in the student papers
in its offices of instruction. The Council the lawyer in his office rarely pursues a considered in detail the various courses systematic course of legal study is no of study now running in the Institute, its doubt true. But the reason for it is, not method of teaching, especially with ref- that the lawyer is lazy, but that no such erence to the courses designed for mem- course suited for office study has been bers of the Bar and law clerks, and the presented to him. A practicing lawyer question of an educational requirement once said to me, before the founding of for admission to the Professional Course. this Institute, that he had tried in every The principal features of the second ses- way to find a systematic method of law sion were the semiannual report of the study which he could pursue in his office, Dean, covering various aspects of the but that he had found no method that work of the Institute, and the full discus- would help him. 'I would,' said he, sion following it. The report and the ‘have asked some other member of the discussion are too long for reproduction bar to act as my instructor; but in the here, but they are in course of publica- small county seat in which I practiced tion by the Institute. An extract from this was evidently impossible. I miglit the Dean's report is given below:
any day meet my instructor on the other "Our work since the Detroit meeting side of a case, and all the bar would has brought into clearer light than before know of our relation as pupil and teachthe true mission of the Institute. When I was isolated as a law student as I undertook the development of the edu- soon as I hung up my shingle as a praccational side of the Institute, I did so ticing lawyer.' And this lawyer is one of with the belief that there is a great and a multitude. Give to the lawyer an opimportant field for legal education out- portunity to study law systematically in side the range of the residence law his office, and he will be eager to avail schools. The law school professor, who himself of it. has come to his professor's chair from "Nor can I bring myself to believe that his seat as a student in a law lecture the present generation of American lawroom, with little or no experience at the yers should be neglected. The lawyer bar, sometimes finds it hard to believe who is to be should, of course, be carethat there is a worthy demand for sys- fully trained for his duties at the bar; tematic legal education outside his lec- but why should the multitude of practiture room—within the law offices. One tioners, who need and desire an opporlegal educator, the dean of a three-year tunity for systematic legal education in law school, has assured me that my faith the offices, be refused it, if any good way is vain. "The practitioner,' says he, 'is can be found to give it to them? My too lazy to follow a good systematic belief is that if the Institute can, as I am course of legal instruction, even if you sure that it can, develop within the offer it to him.' Another legal educator course of the next few years a class of has assured me that the present genera- even five thousand lawyers studying law tion of lawyers ought to be regarded by systematically in their offices, the Instilegal educators as a negligible quantity. tute will accomplish a work which will be ‘Look to the future generation of law- no less beneficial than the work of the yers,' says he, ‘and let the present gener- residence law schools, in raising the ation go its way.' These positions are, standard of the bar. in my judgment, absolutely wrong. That "Without going into the matter fully, I wish to read to you a portion of a letter ber of resolutions were unanimously which I received within the last week adopted as follows: from a member of one of the leading law “The Educational Council of the firms in Los Angeles. It illustrates in American Institute of Law having asa typical way the difficulties which a sembled in New York on the 25th and would-be student lawyer has to encoun- 26th of February, 1910, and having vister in a modern law office in a city: ited the temporary offices of the Institute “ 'I believe there are a good many law
in the Lincoln Trust Company Building, yers in the same class as myself, with re- in Jersey City, and there inspected the gard to professional education, to whom publications of the Faculty of the Instiyour Institute might be of great service. tute and the papers sent in by the stu
“ 'My preparation for law work con- dents, showing the progress of the work sisted in reading a dozen or so of text
of the Institute for the past half year, books, and our state codes, under some
and having conferred with the Dean and direction from a busy lawyer. It was in
the instructors in regard to the books and many respects inadequate, not properly papers and the methods of sending and balanced, and almost devoid of anything
receiving and revising and correcting the in the nature of correlation of subjects
student papers, and having also heard the and comprehensive, or philosophic, con
semiannual report by the Dean of the sideration of the law as a whole. I was
work done in that period and the plans too young and untrained to appreciate
for the conduct of the work in the immethe necessity of such a study of the sub
diate future, after due consideration, do ject at the time. The demands of prac
hereby resolve: tice (consisting chiefly of “briefing”
"1. That we, as the Educational Counwork, so called), as well as further edu
cil of The American Institute of Law, cation along other lines of knowledge,
fully approve the report of the Dean, C. have accentuated the defects of
M. Hepburn, as read at our meeting in tech
my nical training. Of course, these defects
New York City on February 25, 1910,
and recommend its publication. have, in some measure, been supplied by
“2. That we especially approve the the work itself, and by more or less des
course of study and the method of teachultory reading and study outside of that
ing exhibited in the publications of the work, but by no means satisfactorily.'
Faculty and the papers of the students as "And it is to be remembered that the
showing an appreciation of the best difficulty thus described in this letter is
ideals of the profession in legal educathat which meets the ambitious young
tion and thorough work on the part of lawyer in a large city office under all the
the Faculty and the students, highly gratstimulating effects of city practice. How
ifying to the Council. much more difficult is the position of the
“3. That we also especially approve young lawyer in a country town, where
the care which has evidently been taken there is little to stimulate to systematic by the instructors who have immediate intellectual effort ?”
charge of the examination and correction On February 26th the Council went in
of the papers sent in by the students, as to executive session with reference to all shown in the full and explicit corrections questions which had been brought before and the pointed criticisms and suggesit in the previous two sessions. A num- tions which appear upon the student papers that have passed through the hands "5. That the members of the Council, of the instructors. We believe that with as a mark of their commendation of the such care and methods of teaching the aims and methods of the Institute and of conscientious student cannot fail to ob- the work of the Resident Faculty, extain, through the Institute method of
press a desire to assist the Institute in teaching law, an accurate, well-rounded carrying on the work as it has been outknowledge of the law, and a most valu- lined in the report of the Dean and exable discipline in legal thinking.
emplified in the work of the Institute, "4. That the courses on Elementary and do hereby express their willingness Law and on Case Study and Criminal at all times to co-operate with the memLaw as far as published show a com- bers of the Faculty, by way of advice and mendable appreciation of the best ideals counsel or suggestion, in making the of the profession and the use of approv- publications of the Institute and its ed modern methods of teaching, admi- course and method of teaching as nearly rably fitted to impart an accurate knowl- perfect as possible for the needs of the edge of the law and develop proper students and the cause of legal educahabits of legal thought.
“The Honor System” "
N THE February, 1910, number of the American Law School Review students in law schools were invited to respond to the following question:
“Would the 'Honor System' in connection with conducting examinations prove successful in your school, or, if it is now in effect, is it a success?"
Replies were received from 493 students, representing 69 law schools. students answered the question in the affirmative, while 42 students gave negative replies. The 42 students answering in the negative represented 15 law schools, although, with the exception of the University of Pennsylvania Law School, the University of Illinois Law School, and the University of California Law School, affirmative replies were also received.
"The Ilonor System” in conducting examinations is in vogue in the Univerversity of Virginia, the Washington and Lee University, the Cincinnati Law School, Stanford University, and in the National University Law School. The students in all of these schools are strongly in favor of the plan. Forty-eight affirmative replies were received from students in the Cornell University Law School, while no student in that school answered the question in the negative. The vote showed the students in the John Marshall Law School, the Denver Law School, the Mercer University Law School, the University of Maryland Law School, the University of Mississippi Law School, the St. Louis University Institute of Law, George Washington University, and the Pittsburg Law School to be favorable to the system; many affirmative and no negative replies being received
from these schools. About an equal number of affirmative and negative replies were received from the Yale Law School, the University of Georgia, Chicago-Kent Law School, the University of Kansas, Harvard University Law School, Columbia University Law School, New York University Law School, and the University of West Virginia.
In addition to the above vote, a number of communications from students commenting of the question were received. Some of these communications we give below.
From the University of Minnesota Law er the manner of most freshmen on their School
first vacation home.” Christmas vacation was over.
The “Say, put the kibosh on all that silly Cynic had returned to dally but a few drivel," said the Freshman testily.: "I'm short months in the shade of Lex et
in a blue funk about these exams. What Aquitas; to doze blandly through a few do you think about all this honor system more erudite and sonorous lectures by
noise?" eminent jurists; to linger yet a little "I consider the system admirable in while in the hectic social whirl of college the extreme. After a careful study of life; and then, armed with an ornate the conditions under which it must oper: cum laude, the hand clasp and good ate, I can raise but one objection." wishes of the Dean, to issue forth to “What is that?” startle the corrupt and stupid world be- “It won't work," answered the Cynic yond the campus gates.
impressively. “An honor system, to be He had just lowered himself carefully effective, must rest upon a broad, firm into one of the instruments of torture, foundation of honor. That you must ofttimes waggishly called chairs, which concede. Furthermore, in that fateful occur at regular intervals in the law hour when the awful ordeal is upon you, building, and was preparing to think
when the fiery breath of the demon causdeeply on various profound legal topics, es your frame to shrink and your soul when he became conscious of a hand to shrivel, when the knowledge which which intruded itself among the stalks of you have not gained mocks and jeers at his parted pompadour and sadly muddled you from afar, and carking care rests the arrangement thereof. Glancing up- heavily upon your tender brow; in short, ward, he noticed the Freshman hovering when you are in the clutches of the inover him, the light of mischief in his eyes. quisition, careful observation will show
"Soho, my pet atrocity," said the Cyn- that even under the present system stuic, "you are about to disgrace the campus dents with a full-blown sense of honor for another half year. Well, I suppose are as scarce as unbroken New Year's you have been pampered and petted resolutions. Ergo, this plan, agitated by and pestered with foolish questions by a few hundred quixotic co-eds, would friends and relatives. You have un- result in a mere farce; a device to predoubtedly sauntered, swaggered, and vent the semesterly egress of flunkers. strutted about your native burg, buying, "You may possibly think that I am inwith a patronizing air, drinks for the dulging in a wild orgy of the imaginaboys, candy for the girls, and generally tion; the product of a brilliant mind making a three-ply idiot of yourself aft- rendered flighty by overstudy, but I as