The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-08-05
STANDARD FOR THE BAR
REPORT SUBMITTED AT MEETING or
COMMERCIAL LAW LEAGUE.
Louis Newberger, of This City. Was
Chairman of the Committee
That Made the Report.


discussed at length the present methods OF
legal education and requisites for admis-
sion to the bar in the several States. II
appears that in nearly all Of the States
there is high standard of legal require
ment for admission to the bar, and in
many of the States the old method OF law
office study has been supplanted by the
improved methods of the law schools.
The report concludes with reference to
the laws of this State upon the subject and
suggestions of general nature. as follows:
These questions are as yet of no special
value in the State of Indiana, which is
handicapped by a constitutional provision
emitting any one of good moral character,
being voter, to admission to practice law
in all of the courts of the State. No knowl-
edge of law is required. The constitutional
theory in Indiana has been that of the
Kentucky judge who, after examining an
applicant for admission to the bar who did
not succeed in answering a single ques-
ton, remarked that nobody would ever
employ the applicant anyhow. and he
might as we'll have his license.
TRIED BY JURY.
Very recently the right of an ex-justice
Indianapolis was tried by an ordinary civil
jury, and upon the sole permissible issues
relating to the applicants moral character
and citizenship all questions as to his
learning in the law being rigidly excluded.
he won out, and whatever may be the
defects in his legal education. it is not
doubted that the vindication of his moral
character will more than Offset the ham
dicap in this respect and enable him TO do
rushing business. He will start off with
the prestige of being an honest lawyer, If
not learned one.
1T is proper to add that at the next gen.
eral election, in November, the people of
the State will vote on an amendment to
the Constitution, and IL a majority OF the
people vote affirmatively it will thereafter
be lawful for the General Assembly of the
State to prescribe what qualifications shall
be necessary for admission to practice law
in all of the courts of justice in the state.
1t is not doubted that the Constitution
will be so amended and that at the next
session of the General Assembly of the
State the right to admission to the bar Will
be made TO depend on the capabilities or
the applicant, his knowledge of the law
and his special training and fitness to prac-
tice.
so far as this organization has to deal
with lawyers, it is with commercial law
yers. 1t might not be inappropriate TO direct
this committee to investigate and report 10
the next convention the status of the teach
with such suggestions as commend them
selves to the judgment of the committee
respecting the best methods of advancing
such instruction TO the position which its
Importance in the industrial and COM
mercial world deserves. In no branch OF the
law is more thorough legal learning or
full acquaintance with the details OF cor
rect practice in the courts required than in
the cases in which the commercial lawyer
participates Such cases frequently involve
large financial interests, and the loss of a
case, through the ignorance of the attorney
OF the details of court practice. often re-
suits in large financial loss to clients and
entails an endless chain of evil conse-
QCences. The commercial lawyer should,
therefore, be well equipped and fully COM
petent to conduct the trial of cases involv-
ing the most important financial interests.
His name should be eliminated from the end
less roll of discredit made up of counsel
upon the merits, but because of the failure
o. the attorney to take some steps essen
tial to present the question involved.
RULES TOO LAX.
This committee notes with pleasure the
disposition in the several States to elevate
the standard of general scholarship and
special learning in the law required for adj
mission to the bar. In no States do the
rules appear too strict, but in the most
of them altogether too lax. The function
of the lawyer is representative, not per-
sonal. The road to the courts is open to
the lawyer, not to client. The appear
ance of the former there is as representa-
tive of the client, not of himself. In fact,
he appears in a double representative capa-
city. He is also an officer of the court. HIS
deficiencies work grievous harm to the
client and loss of dignity to the profession
at large. 1t is because of the great re-
sponsibility resting upon the attorney and
for the protection of those chiefly injured
by his shortcomings that 1t becomes the
outy of the State to make exacting re-
quirements touching the moral and intel
lectual qualifications of the attorney at
law.
Compared with the requirements for en-
tering other professions the lawyer has no
reason to complain. In respect to many of
them, especially physicians. dentists and
teachers, many years course of training
and graduation, after satisfactory exam
nations, are required Why an attorney
upon whom is often placed the responsible
ity of life and liberty, and whose common
experience is the disposition of large prop
erty interests, should be permitted to en-
vious training and after passing a strin-
gent examination is more than the chair
man of this committee can explain.
Your committee notes, with a keen
sense of regret, some slight decadence in
the ethics of the profession traceable
either directly or indirectly, to the strug
gle for or the desire to accomplish adj
vantageous results in transaction of legal
business. There is for every active lawyer
a sphere of commendable enterprise a le-
Ultimate outlet for his industry and en-
ergy. For his vigilance and activity we
have nothing but praise, but as he goes
forth, like the knight Grant of old let him
carry with him the lance of integrity He
should hold fast to that qualification which
the trainers of the Constitution of the
State of Indiana considered the only es-
sential safeguard required to be thrown
about the lawyer by the organic law of the
land, namely, a good moral character His
statement, like the judgment OF court of
his promise, equally to friend or foe should
from debtor cognovit. Judgment note or
mortgage or other security, and agrees TO
withhold 1T from record for certain time.
should keep his word. though the heavens
fall. To do otherwise means loss of self
respect, without which the great charm of
the professional life Is gone. The modern
hustler might be subjected to slight moral
discipline and his impetuous disposition
slightly curbed without greatly interfering
with his usefulness. Before advising a
client into trouble, he might prudently in
quire whether a way can be found to get
him out again: but whatever course Is adj
vised, it should be uninhuenced by the
prospect of gain to the lawyer
THE HUNGRY SEEKER.
THE hungry or greedy seeker after the
'loaves and fishes in the professional mar
ket should not overlook the relationship of
trust and confidence necessarily existing