Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-05-16
ETHICS OF THE LAW.
PROCEEDINGS OF THE BAR ASSOCIATION
YESTERDAY.
Duty of Counsel Towards Clients-Advsr-
tising and sOlicitisg, &c.-Election
of Membsrs-Na;ionat Delegstes.

Bar Association was held IN their rooms
Yesterday evening, Second Yice-Presidcnt
3. Randolph Wexford, in tho chair.
Mcssrs. Waller Il. Staples, NJ. F. Maury, G..
Carleton Jackson, T. Hill Montague. +. d.
Storke. and Roosevelt Page were elected
members.
Messrs. b. B. Muniord and c. V. Mere
dnh we're elected delegates TO the National
Bar Association for term OF three years.
THEIR CODE.
The report OF the special committee on
code Of ethics was presented and adopted.
This paper was printed in the Law Journal
for April. II is very lengthy and covers
many points. Following ere few OF its
provisions:
DUTY OF ATTORNEYS TO EACH OTHER, TO
CLIENTS, AND TO The PUBLIC.
An attorney "owes entire de-
yotion TO the interest OF his client, warm zeal
in the maintenance and defence OF bis cause,
and the cxerton OF the utmost skill and
ability" to the end that nothing NAV b9
taken or withheld from him save by the rules
Of law. legally applied. No sacrifice or peril,
even to loss OF life Itself, can absOlVe from
the fearless discharge OF this duty. Never
theess, It ia steadinstly to be borne in mind
that the great trust is TO be performed within
aud not without the bounds Of the law
which creates It. The attorneys Office does
not destroy mans accountability TO his
Creator, or loosen the duty OF obedience TO
law and the obligation TO bis ueighbOr;
and it does not petmit, much less demand,
violation Of law, or any manner OF fraud or
chicanery for the clients sake.
Attorneys should iearlessly expose before
the proper tribunals corrupt or dishonest
conduct in the profession; aud there should
never he any hcstancy in accepting employ
msnt against an attorney who has wronged
his client.
An attorney appearing or continuing as
private counsel in the prosecution for
crime Of which be believes the accused IN
nocent f01sweaTs himself. The States at-
torney IS criminal If he presses for con-
victi0n. when, upon the evidence, he believes
the prisoner innocent. II the evidence IS
not plain enough to Justify nOlle prosequi,
a public prosecutor should submit the case,
with such comments as are pertinent, ac'
companied by a candid statement OF hls own
doubts.
An attorney cannot reject the defence OF
person accused OF a criminal offence because
he knows or believes him 70 be guilty. IL IS
his duty by all fair aud lawful means TO pre-
sent such deiences rs the law OF the land
permits, to the end that no one may be de-
prived OF life or liberty but by due process
OF law.
An attorney must decline in a civil cause
to conduct prosecution when satisfied that
the purpose is merely to harass or iniure the
opposite party or to work oppression ana
wrong.
1t is bad practice for au attorney to COM
municaie or argue privately with the Judge
as to the merits Of his cause.
Newspaper advertisements, circulars, and
business cards. rendering professional ser.
vices to the general public are proper; tW
special solicitation OF D0rticulor individuals
10 become clients is dgSreput0ble. Indirect
advertisements for business, 10y furnishing
or inspiring editorials or press notices re-
gaYding causes in which the attorney takes
part, the manner in which they were con-
Quoted, the importance Of his positions. the
magnitude OF the Interests involved, and all
other Ike selt.l1udstion, is OF evil tendency
and wholly unproiessi0nal.
Newspaper publications by an attorney as
TO the merits Of pending or anticipated lii
cation call forth discussion and reply from
the opposite party, tend to prevent fair
tr,al in The courts, and otherwise prejudice
the due administration OF justice Hrequlres
a strong case TO justify such publications,
and when proper, It is unproiesslonal 10
make them anonymously.
When an attorney IS a witness for his
client, except as 70 formal matters. such as
the attestation OF custody OF an instrument
and the Ike, he should leave the trial OF the
cause 10 other counsel. Except when essen
tial TO the ends OF justice an attorney
should scTunulously avoid testifyins IN
court in behalf Of his client as TO any matter.
Assertions, sometimes made by counsel
| in argument, Of q personal BELIEF OF the
clients innocence or the justice OF his
cause are TO be discouraged.
It's indecent 20 hunt 40 defects in titles,
| and The like, and inform thereof, in order TO
be employed to bring suit; or to seek out
| person supposed TO have cause iof action
| and endeaVor to get Zee 10 lltigate about H.
! EXCEPT where ties OF blood, relationship, or
trust make il an attorneys duty, II IS un'
professional to volunteer advice TO bring
| lawsuit. Stirring up strife and litigation is
| forbidden by law anfdIsreputable IN morals.
Communications and confidence between
client and attorney are the property and
secrets OF the client, and cannot be divulged
| except az his instance; even the death OF tho
| client does not absolye the attorney from bis
obligation OF secrecy.
Satisfactory relations between attorney
] and client are best preserved 10y frank snd
| explicit understanding at the outset as to the
| amount OF the attorneys compensation;
and where il is possible this should always
| be agreed on In advance.
In genernl, It is better TO yield something
10 a clients dissatisfaction at TIE amount Of
the fec. though the SUN be reasonable. than
! 10 engage IN a lawsuit to justify II, which
ought aiways TO be avoided, except az last
resort 10 prevent imposition or fraud.
In fixing fees the following elements should
be considered 1s. The time and labor re-
CURED, the novelty and difficulty OF the
questions involved, and the skill requisite TO
properly conduct the cause. 2d. Whether
ibe particular case will debar the attorneys
appearance for others IN clses likely 10 arise
out OF the transaction, and IN which there is
reasonable expectation that the attorney
would be otherwise employed and herein OF
the loss OF other business while employed In
the particular case, and the antagonSm win
other clients growing outOf the employment.
Sd. The customary charges OF the bar for
similar services. 4ib. The real amount in
VOWED aud tue benefit resulting from the
| service. 5th Whether the compensation
was contingent or assured. 9Th. Is the client
regular one, retaining the attorney IN all
his business? No ons OF these cOnsidera-
| tions is in Itself controlling. They are mere
guides in ascertainlng what the service was
really worth; and in fixing the amount 1t
should never be forgotten that the profession
| Is branch Of the administration OF justice
and not 2 mere money-getting trade.
Contingent fees may be contracted for;
hat they lead to many abuses, and certain
CONDENSATION is 10 be preferred.
Casual aud slight services should be rem
dered without charge by one attorney to
another In his personal cause; but when the
service goes beyond this an attorney may be
charged rs other clients. Ordinary advice
and services to the family OF deceased
attorney should be rendered without charge
ia most Instances, aud where the circun-
stances make II proper 10 charge the fee
should generally be less than IN case OF other
clients.
witnesses and sUitors should be treated
with isirness and kindness. When essen
tial 70 the ends Of Justice 10 arralgn their
conduct o. testimony, II should be done
without villidcation or unnecessary harsh
mess. Fierceness OF manner and uuclvil be-
h,yior can add nothing TO the truthful DIS
section OF false witnesses testimony, ana
do.oryed sfrietures of DrODer