New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-06-20
a REGREFTABLE MISTAKE"

What Mayor Low calls "a regrettable mis-
take on the part of prominent lawyer Is one
of the things which do much to unsettle the
high standards Of the legal profession and so
confuse ideas of professional honor that men OF
bad character can with comparative immunity
use the privileges of members of the bar for I'M
worthy and even criminal ends Nobody VIII
for an instant suppose that MIR. Boardnan
failed to guard the interests of the RAPID iran
sit Commission IN other matters While he was
counsel to the Pennsylvania Railroad IN us
negotiations with that commission. That his
motives were honorable and his service to both
his clients faithful may well be believed 1t IS
not the result Of the particular transaction
which causes comment, but the fear or the
precedent which may open the door to question
able practices by less honorable men. The only
safety of the bar IS q high standard so rigidly
observed by its leading members that others
cannot fall below it without Immediately be-
ing In discredit
few days ago a lawyer was convicted of
having received the stolen money of his client,
knowing that it was stolen. The case was
most outrageous one. AmmOn was clearly
shown TO nave advised Miller how to run his
fraudulent Franklin Syndicate, though it was
evident the face that it a swindle, and
when it finally broken up he took from
Miller 4 large sum OF money, nominally as cOun-
sci fee which he knew had been made in the
criminal transaction. We do not believe that
there are many lawyers at the New-York bar
who would engage in such transaction that
for which Ammon is now facing State prison.
Nevertheless, there is a great deal OF confusion
In the minds Of many men who mean 10 be
honest to the limits of professional aid TO
lawbreakers. The standard of permissible con-
duct has been lowered here by the carelessness
and inSensibiity of eminent men of Undoubted
honesty Of purpose; the temptations TO all kinds
Of intrigue have been increased by the practical
abolition in this State of the law of champerty.
Men Of blunt perceptions who do not mean to
be thieves find themselves in a commercial
rather than professional atmosphere and ac-
quire the habit of helping men to get around the
law and advising them how they can do what
they know in their hearts morality, If not
statute law, forbds without subjecting them
selves TO pains and penalties
The corporation lawyer who helps his clients
10 do what the law clearly meant they should
not do shows them how before the courts
can catch up with them they can illegally make
more money than any possible penalties would
amount to, is not acting within the scope Of
legal advisers privilege. He is a partner in
lawbreaking. SO is the criminal lawyer who
helps his client out of the jurisdiction of a court
or aids him 10 conceal i'll gotten gains SO is the
ambulance chaser who backs up damage suits
which are extortionate and prosecutes claims
which he knows are excessive and unjust Yet
all of these things are done by lawyers who, IF
not highly esteemed, are still of regular stand
ing at the bar. The profession in this city is
not careful enough Of its own honor Without
rebuke il lets its members play sharp tricks, try
hill, IT,.
shady financial transactions. Lawyers of Il
high sense of duty privately condemn these
things, but there seems TO be no professional
spirit which prompts united action to enforce
the old standards of propriety. Perhaps if lead
ers of the bar did not make "regrettable mis-
takes" there would be more of disposition on
the part Of lawyers TO punish wrongdoing under
the plea of professional privilege. and prevent
the bar from substituting for its old purpose Of