The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1896-07-05


people. bankers. merchants. doctors.
or ministers would n shrewd business
man conhde as he does IN a lawyer.
and no other class Df men has as many
opportunities to profit By breach Of
trust as does the lawyer. or course
there are few dishonest men in our
profession as In all others. but we are
not afraid 20 have a comparison Of
numbers made with any profession
that may wish to question our claim In
regard to honesty"
Then how do you account for the al
most universal opinion that lawyers
are untrustworthy
In two ways. by the ignorance OF
the facts. and by the mistaken concep-
tion most people have o! a lawyers
duty 20 his client"
"The extent OF his duty is measured
by the fee he receives, is It not. as a
rule. at least?"
THAT Is what most people think
but l had reference 10 a lawyers moral
and legal obllgatlons-wha an attor-
ney may and should do for his client.
and what the cause Of justice forbids
him TO do
I'VE viii be glad 10 listen without
InterruptIng you u you viii tell US
what you think lawyer is under obli-
cations to do and not TO do in his rela-
tions 10 his client"
The extent and limitations Of law
yer's duty TO his client is a subject
upon which opinions differ widely. 1t
IL n question which each attorney must
examine for himself, for by his own
conclusions and not by the conclusions
OF others viii be determined the prin-
clples which govern his conduct in pro-
fessional affairs.
In regard 10 a lawyers duty in CIV
ing advice, no ons will question that
strict honesty requires a lawyer to
counsel client in accordance with
justice and equity. The temptation to
encourage needless litigation is one
that few lawyers. especially those
young in the profession. can resist. II
holds out the inducement Of at least
temporary employment and with the
employment the much-desired fees, But
the attorney who. for mere personal
gains, gives advice which tends TO liti-
cation not made necessary by the de-
mands OF justice, is unfaithful to his
trust. and wrongs not only his client,
but also the state and society at large,
The lawyer should be a peacemaker,
striving to settle disputes without re-
sort to the expensive process OF trials II
that can be accomplished without
wrong to either party to the controyer-
sy.
when the lawyer has examined the
facts upon which the client bases his
cause OF action or defense. II he finds
that his client has no rights to be pro-
tected Il is unquestionably the law
yer's duty to refuse to have anything
to do with the case. But II. as is usu-
ally true. the client has some right.
however small It may be. then it is the
attorneys duty TO take charge OF the
case, and endeavor by all just means
in his power, to secure the legal rights
OF his client even II in so doing. some
seeming injustice is done.
1T frequently happens that a lawyer
can further the interests Of his client
by methods right according to law but
morally unjust What then is his duty
If he takes advantage Of the opportu-
nifty offered, he works a seeming injus-
tlce in this particular case; while If
he valves the right given his client
under the law, he perhaps makes 1t
possible for some innocent man to be
wronged'on some future occasion.
Courts of Justice have the same
object as all other departments Of or
ganized society, the greatest good of
the greatest number. Legal proceed
ings are governed by certain fixed
rules, and wrongs. both public and
private, are defined with great pre-
cision. II is held to be better that ten
guilty men escape than that one inno-
cent man suffer. For these reasons 1t
becomes the lawyers duty to take ad-
vantage of every possible legal means
of securing his clients discharge or a
verdict in his favor. 1t is duty he
owes not only to his client, but also
to the cause of justice, for when an In
nocent man can be punished or depriv-
ed Of his rights tyranny and oppres-
sion will reign, and courts of justice
will be transformed into courts of in
Justice. In a legal controversy truth
can be best discovered by having the
opposing sides conducted by the best
legal talent, for by that means the con
nected circumstances viii be examined
as thoroughly and critically as posi-.
Bile, and all proceedings viii be requir-
ed to be strictly in accordance with
law.
ITO the legal fraternity is due the
credit for the advancement that has
been made in the administration Of jus.
tice, Though an uprising of the masses
in revolution may overturn the throne
Of a tyrant, only the learning and abil
ity of lawyer can successfully guarC
the lives, liberties, and possessions o.
the people when once freed from des
potic rule" JUNTo,