Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-02-13

may DC taken or withheld from him. save
Wy we rules Of law. legally applied. No
so''"ce or peril even to loss OF life itself.
can absolve from the fearless d,sl
charge of this duty Nevertheless II :.
steadfastly TO be borne in mind that III
great trust is TO be performed within
ana not without, the bounds OF the law
"h'ch creates II. The attorneys office
uoes not destroy mans accountabllitv 10
ms creator. or loosen the duty of obe-
ulenee TO law. and the obligation to his
ne'shDor, and II does not permit, much
,ess uemand, violation OF law. or any
manner OF fraud or chicnnery. for the
: clients sake.
II. Attorneys should fearlessly EXPOSE
Detore the proper tribunals corrupt or
uishonest conduct In the profession. and
mere should never be any hesitancy I'm
accepting employment against an attor-
hey who has wronged his client.
~ An attorney appearing or continuing
as private counsel In the prosecution for
a crime OF which he believes the accused
innocent torswcars himself. The States
attorney Is criminal II he presses for a
conviction when upon the evidence he
oeieVes the prisoner Innocent IL the
evidence IS not plain enough TO justify
a nolle prosequi. a public prosecutor
should submit the case. with such com
ments as are pertinent. accompanied by
- 'oANiu OF MS own doubts.
Is. An attorney cannot reject the de-
fence Of a person accused OF a criminal
ciience because he knows, or believes
him guilty 1t Is his duty by all fair and
laWfui means to present such defences
as the law of the land permits. TO the
end that no one may be deprived OF life
or liberty but by due process of law.
NOT TO COUNTENANCE OPPRESSION
Il. An attorney must decline in a civil
cause to conduct q prosecution, when sat
isned That the purpose is merely to
| harass or injure the opposite party, or
TO work oppression and wrong.
10. IT Is bad practice for an attorney
to communicate or argue privately with
the judge as to the merits Of his cause.
10. Newspaper advertisements. circu-
lars and business-cards, rendering pro-
fessional services TO the general public
are proper; but special solicitation OF
! particular individuals to become clients
Is disreputable. Indirect advertisements
for business, by furnishing or inspiring
editorials or press notices regarding
causes in which the attorney takes part,
the manner in which they were conducted.
the Importance of his positions the mag
nitude Of the interests involved. and all
other like self-laudation is of evil ten
dency and wholly unprofessional.
II. Newspaper publications by an at
torney as to the merits of pending or an
ticipated litigation. call forth discussion
and reply from the opposite party, tend
| to prevent fair trial i'm the courts. and
| otherwise prejudice the due administra-
tion of Justice 1t requires q strong case
10 justify such publications. and when
proper II is unprofessional to make them
anonymously.
is. When an attorney Is witness for his
client. except as TO formal matters, such
as the attestation or custody of an in
strument and the like. he should leave
the trial of the cause TO other counsel
Except when essential to the ends Of
justice. an attorney should scrupulousIy
avoid testifying in court In behalf of his
client as to any matter.
10. Assertions sometimes made by
counsel in argument of a personal belief
Of the clients innocence or the justice
Of his cause are to be discouraged.
DO NOT MAKE TROUBLE.
90 1t is indecent L. hunt up defects in
titles and the like and inform thereof,
! in order to be employed to bring suit; or
to seek out a person supposed to have
a cause Of action, and endeavor to get a
fee to litigate about It. Except where
ties Of blood relationship, or trust make
it an attorneys duty, 1t IS unprofessional
TO volunteer advice TO bring a lawsuit
hidden by law and disreputable In morals.
81 Communications and confidence be-
tween client and attorney are the pro-
perty and secrets Of the client and can
not be divulged, except at his instance:
even the death Of his client does not alb
solve the attorney from his obligation OF
secrecy.
%. The duty not to divu,ge the secrets
of clients extends further than mere
silence by the attorney, and forbids ac-
cepting retainers or employment after
wards from others involving the client 3
interest In the matters about which the
confidence was reposed. When the Sc
crets or confidence of a former client
NAV be availed Of or be material in
subsequent suit, as a basis Of any Judg-
ment which may injuriously affect his
rights, the attorney cannot appear In
such cases without the consent OF his
former client.
g. An attorney can never attack an
instrument or paper drawn by him Tor
any infrmity apparent on its race; nor
for any other cause where confidence has
been reposed as to the facts concerning
It. Where the attorney acted as mere
scrivener, and was not consulted as 10
the facts. and unknown to him. the
transaction amounted to a violation of
the laws. he may assail it on that ground
In suits between third persons, or be-
tween parties to the instrument and
strangers.
MUST NOT CONCEAL ATTORNEY
SHIP.
a. An attorney, openly and in his true
character, may render purely professional
services before committees regarding pro-
posed legislation, and in advocacy OF
claims before departments OF the gov
eminent upon the same principles OF
ethics which justify his appearance be-
fore the courts; but 1t is immoral ana
illegal for an attorney so engaged 10
conceal his attorneyship. or to employ
secret personal solicitations, or TO use
means other than those addressed to the
reason or understanding, 10 influence ac-
ton. ..,,.
* An attorney can never represent
conAIcting interests in the same SUIT or
transaction. except by express consent
~ All so concerned, with full knowledge
NJ the facts. Even then, such a position
ie embarrassing, and ought to be avoided.
An attorney represents conflicting inte-
&c within the meaning Of this rule,
when If is his duty. in behalf OF one OF
HE clients. to contend for that when
dntv 10 other clients in the transaction
requires him TO oppose. -,.,
% sIt Is not a desirable professional
renutation TO live and die with-that or
a rough tongue which makes man TO
Io sowoht out and retained TO crafty the
,nalevolent feeling Of a sutton, In near
inc the other side well dashed and VII
lifted"
NOT TO MINISTER TO MALhNO-