New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-02
4 Lawyers OATH.

The standards OF the legal profession have
been from time immemorial an object OF pOpu
lar censure In large measure II is narrow
and unjust, for man is so bad that he has
not legal rights that may honorably be safe
guarded by a lawyer. Yet the practice OF sup
pressing truth, misleading judges and juries and
going to all lengths to win n case regardless of
justice IS carried to great extremes and even
by many lawyers defended as the duty or the
profession. There is evident need OF higher
sense of responsibility among members OF the
bar, not merely as representatives of clients. but
as officers OF the court, bound indeed TO watch
over the legal rights OF clients but likewise for
hidden to misuse the machinery of justice. Ii
is encouragi ng therefore, to the shortcom-
ings Of the profession frankly and fairly
pointed out and remedies proposed by Il lawyer
so eminent and successful as Thomas IL. Hub
bard.
In an address made before the students OF
Union University at Albany November 70.
1903 copy OF which just comes to hand. Gen
eral Hubbard squarely challenges the idea that
g lawyer should be merely the alter ego of the
client bound to conduct a case as the client
would desire, withhold facts which the client
would wish withheld. and make himself the
tool Of the clients plans and prejudices He
believes that lawyers should have substantial
cOHTOi OF tnelT cases, as well III substance as
In form OF procedure. He complains that now
the manager of great interests who plans suits
for strategic effects, with expectation of ulti
mate success, finds his lawyer complacent when
the lawyer should refuse to begin a litigation
which his conscience did not approve or TO
carry one on by cOncealment, evasion, exagger-
alton and strained logic in manner that his
conscience did not approve. Out of the present
rough and tumble of Misrepresentation and dis
righteousness courts manage to approximate
justice but ut a cost of time and money which
is grievous wrong. Many lawyers with high
standards OF personal honor refuse to make
themselves instruments of injustice, but so long
as professional standards allow lawyers TO fol-
low other objects than securing justice in the
shortest time with the least harm to parties
and witnesses, long will multitudes stand
ready TO serve any interest at the sacrifice OF
selfrespect by the substantial misuse OF the
processes OF the courts. General Hubbard sug-
gests that the remedy is to be found IN n more
specific oath defining the duties OF the lawyer.
In most States the oath sets up no really definite
standard of conduct Only in the State of Wash
ington is an adequate oath prescribed. It is as
follows:
First do soennly swear that will support
the constitution and laws of the State OF Wash
ington.
Second-That VIII maintain the respect due
to courts Of justice Ind judicial officers.
Third-That will counsel and maintain such
actions, proceedings and defences only as ap-
pear to legal and 'ust: except the defence
OF a person charged with public offence.
Fourth-To employ for the purpose OF main
tanning the confided to such means
only consistent with truth, and never to
seek TO uislead the judge by any artifce or
false statement OF facts or law.
Fifth-That / will maintain inviolate the con-
h6ence and, at every peril to myself preserve
the secrets OF my client
Sixth-That / will abstain from all offensive
personality and advance fact prejudicial 10
the honor reputation OF a party or witness
unless required by the justice OF the cause with
which charged
Seventh-That I Will never reject, from any
consideration personal to myself. the cause of
the defenceess or oppressed. So help me God.
General Hubbard says that fourth paragraph
could be improved by inserting "or jury" after
the words "mislead the Judge" Even as it
stands, however, he regards the oath as vast
improvement over those of other States and
declares that 1T would be worth a crusade TO
have it adopted by every State and enforced