The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-07-09

should be published Tor the guidance
of the profession. They are required
by innumerable conditions, which sug-
gest themselves, resulting from the
INCONSISTENCIES of the age and from
the creation of new branches of the
law 1t is better, therefore, to warn
the enthusiastic prosecutor or defend
er of cause that there is dangerous
ground beyond the ethical limits pre-
scribed in order that his action may
| be restricted to the filed of generous
rivalry.
Ethics, the photographers say is =
science of human duty, but it is still
a hard term to define. mo rule will
determine an attorneys duty in the
varying phases of every case" are the
words used in the preface of your
code. The times, the nature of the
case, the circumstances surrounding
1t, the temperament of lawyer ana
client, are all factors to be taken into
account when occasion arises for the
exercise of judgment i'm particular
matter. But the straightforward,
honest man of any calling will see his
way out of all these difficulties: he
knows the right from the wrong and
will pursue that course which COM
mends itself to all just-minded people,
So that the manner in which the pro-
! prieties of professional life shall be
! observed depends upon the man, and
if he has the proper conception of his
duties as citizen all will be well.
1t is declared in the constitution or
this association that ii was formed ito
cultivate the science of Jurisprudence
to promote reform in the law. to ia
oilitate the administration Of justice
and to elevate the standardNof integri-
! ~, honor and courtesy in the legal
| profession, and in the eide of
ethics it is said that purity and eff
! ficiency of judicial administration de-
pend as much upon the character,
conduct and demeanor of attorneys in
their great trust as upon the fidelity
and learning of courts or the honesty
and intelligence of juries.' With
these admOnitionS prominently put be-
fore us, how are we demeaning our
selves? Has there been any ground
for discipline of members? Is it not
the duty of the association to make
every effort to warn a member of APP
preaching danger, should it be seen
that his zeal as a lawyer is tending to-
ward an infraction of the rules of the
profession, or that his regard for their
wholesomeness has diminished? II
such case should arise, it would be
a friendly act, indeed to give the
warning. 1t is enjoined by one of the
rules GID that an attorney should
always be a friend to the defenceless
and the oppressed" but it never was
intended that the rule could be invok-
ed as an excuse for a departure from
correct METHODS.
| / do not think lawyer should ap-
ply to persons under Indictment, for
an appearance on the docket in their
Dehalf with the aVOwed purpose of
getting an opportunity to exploit him
self before court and jury as an ad-
vertlsement for further employment
Such conduct is not justifiable, even If
| competition is sharp and the eager
ness in pursuit of business is impa-
tient; if once INDUCED in, it certainly
should not win applause by repetition
and one who conceives it to be an or
nament to the profession is painfully
ignorant of what constitutes a great
lawyer, and IS saturated with a desire
Tor precocious recognition. The exhi-
bltion CT little modesty in such case
would be refreshing. though it Nigh,
operate IN restraint of trade; but IT
Is not likely that the courts would.
hold it to be against public policy"
III the accused be able to do so, he
employs counsel; if not, the court will
assign one to defend him. and he
ought not to ask to be excused for
any light cause" (says the rule). but
ito give his best efforts i'm urging such
defence as the law of the land per-
mits, as has often been done. Nor do
believe that lawyer ought to coun-
tenance a system of watching the con-
duct of others or hearing their words.
or attempting to make discoveries
upon which to ground an action One
mad better seek the way to another
crib at which to fatten" and escape
the burden of reoroach If his zeal
and activity are robust, let him see to
it that they are checked before reach
ing the pernicious stage, for the one
thing man cannot endure is the
consciousness that the community
where he lives condemns him. Let not
the mad rush for money warp our
Judgment i'm determining the course 10
be taken If propositions be made
which are calculated to effect the
honor of the profession. 1.-THE profess
sion is a branch of the administration
of justice and not a mere money-get-
ting trade" are the words of rule As
Cast sentence). 1t may be said that
the times are out of joint and the
business methods must conform to
them; If so it would be well to rejoint
the times with appliances approved
by honest men, and no organization
can contribute more material to that
end than this honorable profession.
No association of individuals can claim
monopoly in the possession of good
qualities. There is the good and there
IS the bad in all, but We maintain that
there is as great proportion of the
good in ours as I'm any other calling
Notably is it the fact that, considering
the varied. responsible and delicate
business transactions of the lawyer, we
rarely hear of one who has betrayed
the confidence of his client. or mis-
appropriated money collected by him