Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-01-28
BENCH AND BAR.
THE OATH OF a LAWYER.
FIDELITY" TO THE COURT.
rHE OBLIGATIONS OF THE BAR To
JUDGES AND THE PEOPLE.

For the INTELL1GENCER
In the Examiner issue of the 18th inst.
appeared a communication from Mem-
Der Of the Bar which discussed the vexed
question of the responsibility of the bar for
the acts Of its individual members in vio-
lation of the law and their oath Of Office.
The positions assumed and the conclusions
announced by the writer are SO at variance
with the principles of duty and response
bility in the profession inculcated by the
bench, and acquiesced in by the bar from
time immemorial, as we'll as 50 damaging
to tn: character and commanding position
of the bar and so utterly destructive of that
high-toned esprit du corps which ought
to characterize all learned professions,
that it does not seem just to the Lancas-
ter bar to withhold their disavowal and,
by their silence, open themselves to the inn
putation of acquicscence in the views adj
vanced.
We have waited some time with the
hope that an abler pen would come to the
defensesof our profession against its do
mestic enemies, for Of the bar it may be
truthfully said, Our worst enemies are
those Of our own household"
The view presented and enforced at
some length by the writer referred to is
that the bar is under no obligation to SUI
pervise the professional conduct of its in
dividual members For the purpose of
the argument it is not important whether
the obligation referred to has legal or a
moral sanction, for either one imposes the
duty Of supervision. Let us then inquire
whether this obligation exists and, if so,
whence it arises.
Member of the Bar" by his citations
from the acts of Assembly, and rules of
count, shows conclusively that the court is
responsible for the conduct Of the bar. H.
deed, it is upon that tribunal that he
places the entire responsibility. That the
court is responsible in very important
sense for the conduct of the bar is agreed
between US. From that postulatc, then,
We may proceed with the argument
The law touching the subject will be
found in the act of Assembly of, April ID,
1884, sections 60, 73 and "A, rs follows {:
SEC. 60. Before any attorney, ad-
mitted as aforesaid shall make any plea
at the bar, except in his own case, he
shall take an oath or affirmation, as fol.
lows, viz:
You do swear or affirm that you will
support the constitution of the United
States and the constitution Of this COM
monwealth, and that you will behave your
self i'll the Office Of attorney within this
court, according 10 the best of your learn
ing and ability, and with all good fidelity,
as we'll to the court rs to the client, that
you will use TO falsehood, nor delay any
PERSONS cause for lucre Or malice" Pam
phlet Laws 1884, page 354.
SEC. 13. Ii any attorney-at-law shall
misbchave himself in his Office of attorney
he shall be liable to suspension. removal
from Office, or to such other penalties as
have hitherto been allowed in such cases
by the laws Of this commonwealth.
SEC. "A. If any such attorney shall re-
tain money belonging to his client, after
demand made by the client for the pay
ment thereof, it shall be the duty OF the
CuuiJ W CluSC t!lc udlIlC VI SuCu iGtciuCy
to be stricken from the record Of tho at
torneys, and to prevent him from prose
cutting longer in the said court. PAM
phlet Laws, 1884, page 354.
From the foregoing sections of the act
Of 1884 is easily deducible the obligation,
which We affirm rests upon the bar. to
supervise the professional conduct of its
;,,I DIAL l,ar With
ing upon sections IS and "a, read with the
other section 80, which contains the official
oath by which an attorney is constituted
an officer Of the court, and it becomes too
ycr's oath makes it his duty to aid the
court in executing the requirements of
sections 13 and II. To mind possessing
al accurate conception Of what a lawyer
is, no other conclusion seems possible.
Courts and lawyers are the machines en-
ployed in the administration of justice.
Lawyers are officers in as high sense rs
are the judges, and both are sworn. The
functions of the bar have always been
held to be, to aid the court and suitors in
the administration Of justice; and in
furtherancc of that end they are sworn
to all good fidelity" The purity Of the
bar is as necessary to this object as the
purity of the bench, and the corruption
of either equally inlpairs the machinery
by which rights arc protected and wrongs
redressed for It can make 10 difference to
f!,o c,,ifor ,En.1 1,or Io &c ro1,1Ncl h1y hiS
lawyer retaining his money, Or, by a cor
rupt decision Of the court, has eehis property
given to another. To say that the bar can
suffer itself to become impure, venai and
depravcd, thereby impairing the machinery
of justice, aud subvertins the very object
Of their existence without violating their
oath of fidelity, is to declare paradox
which the sense Of mankind will not COM
prehend AS well might it be said that
husband does not violate his marital VOW
Of fidelity when he leaves his own and
lives with the wife of another.
To make it still more palpable to the
of the obligations Of the court
and the bar out of their settings of ver-
biage, and look at them in their simplest
possible form, thus
1. The court is under legal obligation
to administer Justice according to law
but justice can not be administered ac-
,ording to law, when the officers of the
court, its attorneys, unlawfully retain the
;uitors' money therefore, the court is
bound to remove such attorneys from the