The times. [volume] (Richmond, Va.) 1890-1903, 1902-04-03
the BAR
over TIL IEll
Much Interest Among lavyses
in Question Raised q u
Lamb Case.


NTH w. Goodwin, we'll known lowye1s.
being committed to jail by Justice CruteA-s
field for contempt. IN refusing to de1tyer
to the court note In their possession
as counsel. alleged to have been fosEens
by their client. r. NJ. Lamb. has cauSetls
a SIR in the profession generally ana Mee
yesterday, the topic much discussed IN the
Office buildings
There are varying opinions e1presed|
concerning the questions involved SOM
lawyers OF the city agree with Justice
CrutchdeId in his decision, that the noeeS
should be turned over to the court -
document upon which the CHARGES ois
forgery Is based. while Others say the ~
torneys are right In Withholding the 81
aIr. Smith, discussing tho ease yeetA.s
day afternoon, said their possession o.
the note was the possession OF the Cheat
and, If this principle Mt law be feco9-
nized. the court had no right TO sfe0umet
| them to give up the document.
They argued that they cannot -
forced to produce anything that may
| fniure their clients chances OF acqusfeat.s
Late in the afternoon Mr. Smith sahts
he. in company with Mr.. Goodwin. had
consulted number OF attorneys and =:
majority of these had approved their 40
| ton In the case and endorsed thatfs
course. He did not, however. give the.
names OF those with whom he had talked
A number of lawyers were seen during
| the afternoon by Times reported and
asked for q, expression OF opinion upon
the questio> Involved, but a majority OF.
these saving they were not a0Efc:entIN
familiar with the case, declined to make
! a statement for pubIfca ton.
I THE LAWS CLEAR. s.
| Hon. S. S. P. Patteson. when asked
| for a statement of his opinion In the met-
| ter. said: Lawyers are omcerS OF ths
court. and in respect to their ofnciai eca-s
duct are under its control It !. clrar
/ that they may be punished FOR publishing
libel on the court. or for writing letters
| to a judge 1ibeling or abusing him.
1sFor failure to deliver papers. which.
! constitute part OF the record IN the ease
he could also be punished. This law.4he
said- ''is clearly laid down by the Grear.
! American writer. Bishop, in hts work IN
criminal law. VOL IL. section 25i, eighth
! edition.
Mr.. MERFprrT.s VIEWS.
Mr.. Wyndham r. Meredith. reluctant to
express any opinion as to the duty Of the
Police Justice Crutchneld in regard to
] compelling the attorneys to deliver the
/ ALLEGED forged note. He was OF the OPP
infon however that it was the dutyof
4 the Police Justice to test the question by.
! committing the attorneys for contempt Il
4 they persisted in their refusal. TT Is a
novel and most interesting question. hes
said. but if I understand the facts
i Alright. it would be a most dangerous pre-
cedent to set and would make the con-
ricion of criminals in the future extreme
" difficult II give full faith and cred
: it." he added. ''to the two gentlemen wh~
represent Mr.. Lamb for acting as they
Il thought right In the matter. after the
\ alleged forced note came into their posses
sion. nothing short of the Judgment OF
4 our highest court should cause them TO
deliver IN the paper of their Client Any
l other view of an attorneys duty. as to
4 the papers of his client in his possession.
would infringe upon, If not destroy. the
most solemn obligation which an attor-
ney owes 20 his Client namely: not 70
divulge any information OF papers of the
client that come into his possession In the
scope of his professional duty
'"The question to nv mind. however. Is
lhow far their possession Of this note. un-
der the circumstances of this case. can
he said to come within the doctrine apple
cable to privileged communications 20
one's LAWYER If client gives Informs
4 ton to his lawyer verbally or by Writ
: ing it is not only the duty or the INV.
3 yer not to divulGe the information OF .
give 11p the papers but 1t is the duty
Of ,he court to see that this is not done.
were the attorney willing to do so Wilt ll
! out his clients consent. S u.
privilege of the lawyer may "a - fes ts ,Hs
n ria clients paners. before It can be
carried to the extent nrooosea Il. ...,s,
case our highest court should be requireel
! ~ decjde the question. I wish to repea =.
be said. "that. in this discussion, woui1
not for n moment reflect upon the Two st
4 Gentlemen who represent Mr.. Lamp, viz VIZ
ono of whom have had hIe-oi's
friendship. and for the other the klnuests
feeling and regard.