Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-06-10
RULEs OF CRIMINAL COURT
The Judges After Attorneys who En-
gage In UnDrOfessi0nel Practices
OF the Bhyster School OF Law
yers-The Legal Augean
Stables to be
CIeansed

The recent opinion of Judge Deaderick, of
the supreme court of Tennessee, wherein be
sharply criticized the practice OF certain at
torneys in the criminal court of Memphis,
has attracted attention to such matters. The
leading lawyers practicing before our crimi-
nal court feel Inundated and chagrned as to
the action of certain class of attorneys who
| practice before magistrates and at the re-
corder's court, and also follow the cases to
| the Jail and the criminal court. When Judge
John r. Flippin was on the bench in 1874,
the shySter style OF practice was called to his
attention, and he made the following fules of
court, which, unfortunately, were not en-
| forced:
JUDGE FLIPPIN'S RULES.
RULE mo attorney will be permitted, after hav-
| ing announced himself in court, or who has been
assigned by the who has written his name,
or caused it to be done, as counsel for defendant,
to withdraw from the esse without the consent OF
| the judgment of the couIt, upon refunding any
cuSed. But this PERMISSION to withdraw will not be
ALLOW ed IL the application is made when the case is
about ready to be called for trial.
RULE II.-Attorneys who -cept any CON penSation
for services rendered an accused before commit
to employ counsel in this coutI viii be required TO
defend the parry here or turn over the money re-
ceyed from the accused Into the hands OF the clerk
TO be paid order of the court to- the counsel
who shall be appoint to defend him.
RULE Ill. Ii shall be the duty of the attorney gen
eral file Written charges and specifications against
any attorney OF this court who may be lei OTted
tleman, and If such charges sustained, such at
tOrney will be stricken from the roll, and debarred
/ from practice in this couIt.
RULE IV.-The attorneys of this court will be "a
quIred TO deal with fairness and candor toward their
/ to obtain employment in any case. violation OF
this rule will either debsr such attorney from prac
| tlce for such time as the court may adiGdge.
| RULE V-Attorneys. in any statement OF facts
within their knowledge, must state them fairy and
fully, without conceaIment any kind of deception,
on pain of suspension or being declared as an at
| RULE VINO attorney, while engaged IN the trial
OF a cause shall appear in court In state of ntoxi
cation under pain OF suspension from practice for
| such period as the court may deem ut.
RULE VH-Any attorney of the court who is charged
| unbecoming gentleman, and of that nature celcu-
! lated TO bring shame and disgrace upon other men,
bers OF The bar and the profession of the law into
contempt and ridicule by the public, shall be de-
barred from practcing In tais court, and copy of
the Judgment containing Tecitals OF the facts upon
which the Judgment Is predcated, shall be certified
TO all the other courts OF record of this county.
| argument of cause in court must ABSTAIN from
captious objections, from Interruptions for trivial
causes and from manner and language which Is in
temperate and intentionally offensive TO the oppo.
site counsel, as such conduct ill-eomports with that
dignhed bearing which counsel, in their true rea-
lions, sustain to each other and the court Neither
zeal nor aught else should ever cause counsel TO Ior
with bitterness 10 tmpugn motives and asSail each
II is further ordered that the clerk of this court
send copy Of the foregoing rules 10 the 1atler OF
also oTdered to repor in Writing 10 this eouIt any
and all violations of the said rules which may
to his knowledge or that OF his guard b. complaint
The foregoing rules will be enforced.
| DECEMBER IL, 1874. J. Z. FLIPPIN, Judge.
A few days before Judge Deaderick IN his
opinion delivered his criticism on the prac-
tees of certain Memphis criminal court law
| yers, Judge 7. w. lockwood moved that the
criminal court, Judge J. E. r. Ray. appoint
a committee to draft rules and regulations to
govern the practice in that court. The cam
mittee so appointed was Colonel Logwood
chairman, l.. B. Horrigan, Attorney General
G. P. NJ. Turner, Judge John d. Adams and
P. M. Winters. The committee reported
back the following rules, which were adopted
by the court, and which will be enforced
strictly as against all attorneys violating the
same.
JODGE RAYS RULES.
RULE Thereafter no person VIII be recos lized
as attorney In this court unless such person s
name is enrolled as an attorney of the court and
the Clerk Of this court is required to prepare book
and keep the same for the purpose of enrolling
therein the names of the attorneys of this court.
sci for any person who is indicted prosecuted in
this court or appointed as such by the court he win
be required TO nd0rSe his name to the case as such
counsel upon the clerks trial docket
RULE IH-When an attorney so indorses his
name upon the clerks docket he will not be per
mitted to abandon the case without good cause
shown TO the court and In no case without nrst re-
fee or part OF fee he may have already received IN
RULE Iv.-This court considers 1t unprofessioDal
and extremely prejudcial to the legal profession for
an attorney to degrade himself and his profession
by approaching prisoner and soliciting fee from
him or her In his or her defensei and upon salts
factory proof being made to this court that an a!tor-
ney mas been guilty OF such conduct such attorney
Will be suspended from practcinZ IN this court Tor
term Of three months for each Offense.
| HULE VII any attorney or this court accepts a
Zee rom any person who has been convicted in this
court, to appear as his or her counsel in the supreme
court OF this State and falls 20 perform that duty
without giving satisfactory reason TO this court for
not SO appearing, such attorney will, upon proper
| being made
be debarred from practicing In this court.
hULE VINO motion in arrest of Judgment Will
be entertained by this court until the motion IS put
In writing setting forth the points relied on In sup
| coart.
RULE VII.-An attorney who receives fee in a
case pending, or that after such receiving may be
pending In this court and fails to be present to at
tend 10 the case when tried will be required to re.
turn such Zee into the hands of the clerk to be paid
under directions of this court to such attorneys
may perform his duties In trying the counsel
Tor the Client unless satisfactory reasons are given
to the court for such failure, and he Will be
pended at the discretion of the court
| hULE fIlt-No persons name will be permitted by
the court to be enrolled attorney of this court
unless the court is satisfied by examination in open
tne dulles OF an attorney-at-law and solicitor In
| chancery.
RULE IX-That any member of the bar who is
SHOWN on satisfactory evidence to have been guilty
sons connned therein, and talking TO prisoners
tnrougn the bars OF the jail Will be deemed unwor-
my Oh membership at this bar, and VIII be suspend
ed at the discretion of the court.
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| J. r AIDRICE,S 0Ed Sacond straak