The times. [volume] (Richmond, Va.) 1890-1903, 1898-02-11
: Tha|himer'S, Fifth and Broad Streets.
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the obligation to his ncishbor; and it
does not permit. much less demand, Vio-
lation OF law. or any manner of fraud or
chcanery. for the clients sake.
II. Attorneys should fearlcssly expose
before the proper tribunals corrupt or dis
honest conduct in tho profession. and
there should never be any hesitancy IN
accepting employment against an attor-
ney who has wronged his client.
u. An attorney appearing or continuing
as private counsel In the prosecution Tor
n crime OF which he believes the accused
innocent forsWears himself The States
attorney is criminal II he presses for
conviction when. upon the evidence. he
believes the prisoner innocent IT the
evidence Is not plain enough To justify
nolle prOsequi. public prosecutor should
submit the case. with such comments as
are pertinent. accompanied by candid
statement of his own doubts.
-. An attorney can reject the defence
Of a person accused Of criminal offence
because ne knows or believes him guilty
II is his duty by an fair and Lawful
means 10 present such defences as the
law Of tho land permits 10 the end that
no one may be deprived of life or liberty
but by due process OF law.
II. An attorney must decline I'm civil
cause to conduct a prosecution when sat
sned that the purpose Is merely 90 har-
rass or injure the opposite party or 70
work OPPRESSION and wrong
Is. II Is bad practice for an ATTORNEY
10 communicate or argue privately Win
the judge as To the merits Of his cause.
l6 Newspaper advertisements. circulars
and business cards rendering professional
services to the general public arc pro-
per- hut special solicitation OF particular
individuals TO become clients is disrcpu-
taoic. Indirect advertisements for busi-
ness. by furnishing or inspiring editorials
or press notices regarding causes which
the attorney takes part. the manner u
which they were conducted. the import
ance Of his positions. the magnitude OF
the interests involved. and an other hh
eelf-laudation is Of evil tendency ana
wholly unnrofessional
IT, Newspaper publications by an at
torney as 10 the merits Of pending or an
ticipated litigation. call forth discussion
and reply from the opposite party tend TO
reveut n fair trial IN the courts and
otherwise prejudice the due administra-
ton Of Justice IT requires strong case
to justly such publications; ana "heh
proper. IL IS unprotessional TO make theh
anonymously.
1S When an attorney is witness for his
client except as to formal matters, such
as the atteestation or custody Of an IN
strument and tile like. he should leave the
trial of the cause To other counsel TX
cont when essential 10 the ends Of justice
an attorney should scrupulously aVoid
testifvlng in court / n behalf OF his client
as 10 any matter.
10 Assertions sometimes made by coun-
sci in argument of O. personal beiei OF
tho clients innocence or the justice OF his
cause. are to be discouraged.
%. 1t IS indecent to hunt mp defects IN
titles. and the like. and inform thereof
I'm order 10 be employed 20 bring SUIT OF
TO seek out j person supposed 10 nave
a cause of action. and endeayor 10 get a
fee To liugate about 1t Except where
ties Of blood. relationship or trust make
IL an attorneys duty. IL Is unprQfessioual
10 volunteer advice 10 bring law suit.
stirring ND strife and litigation Is FORBID
den by law and disreputable In morals.
Il. Communications and confidence be-
tween client and attorney are the pro-
perry and secrets Of the client ana can
not be divulged except at MS instance
even the death Of his client does not alb
solve the attorney from his obligation OF
p. The duty not to divulge the
secrets OF clients extends further
than mere silence by the at
torney, and forbids accepting re-
tanners or employment afterwards from
others involving the clients interest IN
the matters about which the confidence
was reposed. When the secrets or con,
fidence OF a former client may be avalled
OF or be material In subsequent SUIT "a
a basis OF any judgment which may IN
iurously AFFECT his rights. the attorney
cannot appear in such cases without Inc
consent Of his former client.
g. An attorney can never attack an
instrument or paper drawn by MN lot
any inhrmity apparent on It's race; nor
for any other cause where confidence mas
been reposed as 10 the facts concerning
IT, Where the attorney acted as mere
scrivener and was not consulted as 10
the facts. and. unknown 10 nm, the
transaction amounted TO 4 violation OF
the laws he may assail II on that ground
IN suits between third persons, or between
parties TO the instrument and strangers.
"a An attorney, openly and In his
true character. may render purely pro-
fessional services before committees re-
garding proposed legislation, and In ad-
vocacy OF claims before departments OF
the government. upon The same principles
Of ethics which Justify his appearance be-
fore the courts. hut II is immoral and IL
legal for an attorney so engaged TO con-
ceal his attorneyship, or TO employ secret
personal solicitations. or to use means
other than those addressed 10 the reason
or understanding. TO influence action.
81 An attorney can never represent
conflicting interests in the. same suit or
transaction, except by express consent
OF all 20 concerned, with full knowledge
OF the facts. Even then, such position
IN embarrassing, and ought 70 De avoided
An attorney represents conflicting inter-
ests, within the meaning OF this rule.
when II is his duty. in behalf Of one Of
his clients. to contend for that which