The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-07-10

Is there not a basis for what men now
sometimes cynically say that a lawyer
can be hired to do anything; that his time
and his influence are for sale for any
purpose, If / unwittingly exaggerate it
is because l feel that in our profession
it is one of the vital questions of the
day. Do We ever hear of lawyers re-
ceiving fees for aiding candidates to Sc
cure public office? or for canvassng in
political campaigns? or for constant and
systematic lobbying? or for rendering
other and doubtful services for the money
that is in the service which do not COM
port with the exalted and honorable re-
lation which the profession bears to the
public. | think it would be we'll If this
association were to make some declara-
ton on the subject. 1t seems to me that
| there is duty pressing upon us to re-
vive in North Carolina the primitive
code of principles that formerly gov
erned in our profession, to sound the
| note of warning and of promise, and to
let the public know that this associa-
tion countenances no unworthy or ques-
tionable methods of practice but de-
clares them at variance with the ethics
of the profession. Let us re-affirm what
was said by Lord Bacon:
~ hold every man a debtor to his
profession from the which as men of
course do seek to receive countenance and
profit, so ought they of duty to endeavor
themselves by way of amends to be a
help and ornament thereunto.'
l think it would be wise for this asso-
citation TO define if possible the kind of
services that are not professional in their
nature, the practice of which brings dis
credit upon the profession 1t is a deli
cate and difficult matter but for that
reason there is the greater necessity that
this association should make declara-
tion in the premises stating the posi-
ton that it occupies and that in all ways
it will observe the requirement of it's
constitution to elevate the standard OF
dignity, honor and courtesy in the legal
profession
Another barrier is the purely specula-
tive spirit that in so many places has
entered into the practice of the law.
There are so many suits upon our court
dockets purely speculative in their ma
ture. In many localities there are law
yers who actually solicit business and
who stand ever ready to take any case
for the consideration of a division of the
possible spoils. We have gone so far in
this respect that it is salutary to recur
to the principles which obtained years
and years ago, when under the old Ro-
man law in regard to the relation be-
tween attorney and client, or patron and
client, the exertions of the advocate were
purely honorary and the reward of q
similar nature, not the discharge of a
legal obligation but the payment of a
debt of gratitude. And so in England
and in some of the American States, the
ancient theory was that the office of a
lawyer was simply one of honor and dig
nifty and that what he received was by
way of voluntary and honorary gift Then
no lawyer could sue for his compensa-
ton. In the fourteenth century. and I'M
til the revolution of 1889, the Bar of
France constituted an order of nobility,
and they were subjected to certain pro-
,hibitions, the violation of which rendered
them liable to disbarment. Some oft
these prohibitions debarred a lawyer
from undertaking just and unjust causes
alike without distinction and from max
ing any bargain with his client for
share of the fruits of any judgment he
might recover. OF course these rules are
not consonant with the present genius
of our profession, but in the length to
which we have gone to the other extreme
it is profitable to remember them. Now
among some lawyers it is really not con-
sidered an unprofessional act to solicit
employment. A person cannot receive in
these days a personal injury without be-
ing the recipient of offers of service from
sundry lawyers in bringing a damage
emit 7 Of
certain person who had received an in
jury in railroad accident, who had a
proposition of disinterested service for
a division of the damages from seven
disnterested attorneys. l think this is
going entirely too far and l know that
in some communities it is bringing the
Bar of North Carolina into public dis
repute. l think it behooves this asso-
citation to make a plain declaration on
this subject so that the people may know
that such conduct is outside the true
sphere of reputable lawyer. l think
that we should take such action as will
aid, if possible, in the mitigation of this
evil. I believe that the evil is in large
measure due to the too liberal construc-
ton which the Supreme court has placed
Upon the statute in respect to bringing
dcClOnS III LORNA pdupeTlS. lldL statute
was never intended to multiply damage
suits and clog the dockets of the State
with purely speculative litigation. Some
lawyers will bring a suit of this nature
and sometimes suggest suit upon evil
dence that is palpably insufficient, trust
ing that something may turn up during
the progress of the litigation, that will
enable the plaintiff to win verdict.
Neither the lawyers nor the plaintiff
take any risk in the matter. They simply
contribute their time to the suit which,
if not won, has cost them nothing to
liigate. These cases have in many coun-
ties. imposes useless burdens upon the
officers of the court, upon witnesses and
upon the judges. and they have interfered
with and delayed the trial Of other &C
tons l would suggest that this ASSOC
citation recommend to the General Assem-
bly, the propriety of amending the statute
in regard to actions in forma pauperis,
so as to avoid the evil of which COM
plant is made. AS the law now stands
there is virtually an obligation resting
upon any clerk or judge, to whom APP