The Montgomery advertiser., 1908-05-29
LAW ETHICS ARE SUBMITTED Proposed Canons for
 Profession. REPORT OF THE COMMITTEE Foundation Was Taken from Ala
 bama Code. Judge Jones signs Report to American nar Association With Other Distinguished Jurists of
 Country.

New York, May 2S.--A draft Tor the has been prepared by committee of the American Bar Association. and is being submitted to the members of the Association for suggestions
 The final report, which 1t is proposed to base upon the suggestions ana criticisms received will be submitted to the Association as a whole at the annual meeting to be held next in August in Seattle, Washington.
 Tn twenty-se states of the Union there. are codes of ethics more or less either of codifcation by statutory enactments of some of the duties of lawyers or of the action of Bar of professionaI ethics. For some years past members of the Bar Associations have advocated q movement Wnisn li duet, which will not only serve as a guide to the youthful practltioner. but will place the profession before free fit from public criticisms and cen sure which have at times been be- slowed upoon t as a result or the misconduct of unworthy men wno have found their way into it's ranks.
 At the 1905 meeting of the Associ- atfon, the chairman of the Executive Committee presented resolution. which was adopted d, unan1mousiy a1ttas p re port upon the advisablility and prac. TicabiIity of the adoption or code ot professional ethics by the Association
 At tine 1906 meeting the committee reported favorably upon both points, and at the 1907 meeting the Associa- fion directed the committee to prepare a draft for the proposed eanons ot gestions and criticisms of all members Of the American Bar.
 Report of Committees.
 Tn it's report the committee says:
 ssThe foundation of the draft for eanons of ethics is the code adopted by the Alabama State Bar Association m 1887. This draft reE[esents our ppss,I consideration of the supJecL.
 siYn America where justice reigns only by and through the people under system for establishing and dispensing Justice not only should be deyeloped 10 q high point of practical emcisnSy but 50 maintained that taers snan ,,h,ps ps n inc fairness, the integrity and the irnpartiality of it's administrator otherwise there can be no permanence
 .our profession Is necessarily the Keystone in the arch of republican Eovernment, and the future of the Republic, to a great e~fea'' tSa 'snrIpe of Justice pure and unsullied. It cannot be SO maintained unless the conouct and the motives of the mem pers oI our profession, who are the high priests of Justice, are what they ought to pc.
 ''No code or set of rules can pS framed, which will praticulartze all nhases of litigation or in all the re- lations of professional life:
 ssThe following canons of ethics are adopted by the Ameriesan Sar pa. tss hs ''r- urneration of particular duties should not be construed as a denial of the existence of others equally imperative though not specifically menttoned.
 The canons deal with the many problems confronting the lawyer In his professional conduct. Am,ong i,g re are most important recommehaatlohs aFe
 aDefending one when advocate be- Heves to be guilty. A lawyer may ef o some person accused of a crime, although he knows or believes nm guilty and having undertaken II, ne 6 bound by all i5 flair aas aaSensee es ths law of the land permits. to the en1 that no person may be deprived oI life or liberty but by due process or
 How far a lawyer may. go in sup porting a clientss cause Nothing oper ate more certainly to create or to as a class and to deprive the profession of that full measure Of public esteem and confidence which belongs to the proper discharge of its duties thsn s, inc interruptions in defense of ques' tionable transactions, that it IS the duty of the lawyer to do whatever may enable him to succeed in winning his clinet's cause. A lawyer owes entire devotion to the interest of his client, warm zeal in the maintenance and defense of his eanse a ana on,,itY tne to the end that nothing may De taken or withheld from him, save pX the rules of law, legally applied; Never in mind that the great trust IS to be performed within and not without the bounds of the law. The offiee of att torney does not permit. much less ooes law or any manner of fraud or chic nery. No lawyer is justified in sub stituting anothers conscience for his own. A lawyer should mot do for a client what his sense of honor would forbid hiniAto do for himself.
 ''Treatment of witnesses and lit!- gants. lawyer should always treat fairness and due consideration. and he should never minister to the mai- evolence or perjudices Of client In the trial or conduct of a cause. The client cannot be made the keeper of the lawyers conscience inprotessional matters He cannot demand as of opposite party or indulge in offensive personalities. Improper speech is not excusable on the ground that 1t $ what the client would say If speaking fin his own behalf.
 Advertising ia UnDrOfessIOnal
 advertising, Direct or Indirect. The most worthy ana eHectlVe adVer- tisement possible. even for young lawyer and especially with his brother lawyers is the establish ment of we'll nerited reputation for profess fonal capacity and fidelity 10 trust This cannot he forced, but must be the outcome of character and conduct Tha publication or circulation of ordi- naSv sinpIe business cards. being a ynstteS of personal taste or local custom, and sometimes of convenience, fs not per SC improper. But solicita- tlon of business by circulars or a advertisements or by personal com rnunications or interviews, not war" ranted by personal relations. Is unpro-
 "stirring up litigation. directly or through agents. It is unprofessfonal for a lawyer to volunteer advice to bring a law suit except in rare cases where ties of blood relationship or trust make it his duty to do so. Not only is stirring up strife and litigation in morals, contrary to public policy and indictable at common law. No one should be permitted to remain in the profession who hunts up defects in titles or other causes of action and informs thereof in order to be en- ployed to bring suit, or who breeds litigation by seeking out those with having any other grounds of action in order to secure them as clients. or who employs agents or runners for like purposes, or who pays or rewards