Madison times. (Tallulah, Madison Parish, La.) 1884-1???, 1884-04-05
THE LAW OF THE LAWYERS.
Safeguards for Professional Honesty-The
Attorney Oaths of 1901 and 1884.
BOSTON Globe

Boston Globe.
A frequent charge against members of
the bar, made indeed facetiously in most
cases, is that of insincerity and lack Of
veracity. If the charge is valid one it
is not a result Of negligence on the part
of the lawmakers in not providing safe
guards for the honesty of those of who
are to practice law. Since an early day
in the history of Massachusetts, there
has always been prescribed oath which
members of the bar are required to sub
scribe, and to this comparatively recent
legislation has added a requirement that
those who are admitted to practice in
the courts must subscribe the oaths to
support the Constitution OF the United
States and of this Commonwealth. The
attorneys oath of Office is in all con-
silence strict enough, and if there is such
thing as dishonest lawyer he must be
a perjurer as well. Below is gwen the
earliest recorded oath imposed upon Mas
sachusetts attorneys, as well as the form
at present in use. A comparison of the
two will show striking example Of the
| conservatism of law, the changes intro
duced in the past 1873 years being simply
notifications of certain Anticipated forms
ofexpression.
THE ATTORNEYS OATH, 1701.
| You shall do no Falsehood, nor COR
sent to any to be done in the Court, and
if you knew of any to be done, you shall
| give knowledge thereof to the Justices
of the Court, or some of them; that it
may be Reformed. You shall not wit
tingly and willingly Promote, Sue or pro-
cure to be Sued any false or unlawful
Suit, nor give AID or Consent to the same.
You shall delay no Man for Lucre or
Malice. But you shall use yourself in
the Office of an Attorney within the
Court, according to the best of your Learn
ing and Discretion, and with all good
Fidelity as we'll to the Court as to your
Clients. So help you God.
THE ATTORNEYS OATH. 1884.
You solemnly swear that you will dc
no falsehood, nor consent to the doing
of any in the court ; you will not whiting
ly or willingly promote or sue any false
groundless or unlawful suit, nor give aid
or consent to do the same you will de.
Law no man for lucre or malice but you
will conduct yourself in the office of an
attorney within the courts according to
the best of your knowledge and discre-
ton, and with all good fidelity as well
to the courts as your clients. SO help
you God.
Prior to 17O1, as the profession of the
law had not been looked upon in the
colonies as very respectable. parties had
generally pleaded their own causes, and
there we're few legal regulations fol
members of the bar. In the Plymouth
colony in 1851 it was enacted that there
shall not be allowed above shillings
cost for any attorney or attOrneyes tC
any one action-and where there shall
happen to be but one day in any one &C
ton. then tie have shillings and six.
pence onely allowed him for cost there
in.'
In 1871 an effort was made to secure
honest practitioners of the law without the
Sanctioned an oath, the General Court de
{ claring, Liberty is granted by this Cour'
to anyperson to improve one or two At
tornies to help him i'm his Pleas provid
ed they he persons of good repute, anC
] such as the Court shall approve and the
said Attornies are required, as to be faith
! fri totheir Clyent, so also to avoid fraud
ulent pleas that may have attendance II
. mis- lead the Court or darken the case"
To prevent party to suit from get
ting up a corner" in lawyers, and thu
leaving the other party without compe
tent counsel, in Ills it vas enacted tina
"no person shall Entertain more thar
? Two of the Sworn allowed Attorneys a
Law. That the Adverse Party ma!
have liberty to retain Others of them t
Assist him, upon his Tender Of the Els
: tablished Fee, which they may not re
: fuse" 1t is not generally known that
remnant of this law isstill in force in tn
following form: mo more than tw'
t persons for each party shall, without per
e mission of the court, be allowed to man
age any case therein"