Omaha daily bee., 1908-08-16
counsel upon a contingent fee would be to
deny them any remedy whatever.
.Stfrrfun I'm I~IttrnttoB.

H"A- AHAA 49, HNNAN @H+-A-
be considered the twenty-eighth. which
prohibits the stirring up Of litigation either
directly or through agents. This Is ex-
pressly forbidden by the positive Law in
the state Of New York and in many other
states. The American Bar association,
however. would amplify the prohibition.
for It declares in the twenty-eighth canon
that no one should be permitted to remsin
in the profession who hunts up defects
in titles or other causes Of action and in
forms thereof in order to be employed to
bring suit" This would condemn a good
many lawyers in New York. some Of whom
have made large sums OF money by discov-
ering defects in assessments or other tax
proceedings and in titles to real estate
and then procuring employment based on
such discoveries and the promise OF a per-
centage in the event Of success. According
to the proposed code of ethics such practl.
TONERS should be disbsrred.
In the fifteenth canon the American Bar
association condemns the proposition that
lit is the duty Of the lawyer to do whatever
may enable him to succeed in winning his
clients cause" The rule of conduct is
stated as follows: NO lawyer is justified
in substituting another's conscience for his
own. A lawyer should not do for his client
what his sense Of honor would forbid him
~ uo lot nlHstll. sun IuIlucT Ont III
the thirtieth canon. we are told that a
lawyer may counsel and maintain only
such actions and proceedings as appear to
him just" We can see no valid objection
to this last rule, which applies only to
affirmative procedure on the part of coun-
sci; but is it strictly correct to assert that
a lawyer should not do for a client what
his sense Of honor would forbid him to do
for himself? Take the case of a man who
borrowed 500 from a friend seven years
ago. The friend is compelled to sue for
the money. If the borrower were a decent
lawyer his sense Of honor would prevent
him from pleading the statute of limita-
lions. Suppose. however, that the borrower
were mis- client and came to him and asked
him to take advantage of the fact that the
claim was outlawed. According to the
code Of ethics 1t would be the duty Of the
lawyer to refuse. We doubt very much
whether this view would agree with that
of a majority of the legal profession. Many
other instances might be suggested OF
strictly technical ~defenses which are in
terposed every day in behalf of their
clients by honorable members of the bar
who would never think OF availing them
selves Of such defenses. Yet pleas of this
kind are permitted and. indeed. provided
for by statute, and to say that a lawyer
cannot properly interpose them is virtually
to render them unavailable to the client.
Advertising Business.
The twenty-seventh canon treats of
advertising by lawyers. The publication or
circulation of ordinary. simple business
cards is declared not to be improper, it
being a matter of personal taste or local
custom and sometimes of convenience. On
the other hand the solicitation of business
by circulars or advertisements or by per-
sonal communication or interviews is de-
nouhced as unprofessional, and the canon
condemns as in tolerable the custom of in
directly advertising for business by furnish
ing or inspiring newspaper comments con-
corning the cases in which the lawyer is
engaged or the manner in which the liti-
cations are conducted and the. magnitude
of the interests involved. We believe there
has been no attempt to deal with this
matter OF advertising by statutory prohi-
billions, however, except in regard to
divorce business.
At the conclusion of the code of ethics
the committee of the American Bar associ-
alton proposes a new oath of admission to
the bar to be administered to all attorneys.
Special oaths for attorneys are now pre-
scribed by law in sixteen states of the
union, chiefly in the west. That proposed
by the committee is based upon the oath
used in the state of Washington and is
as follows:
Proposed Oath.
l do solemnly swear: | will support the
constitution of the United States and the
constitution of the state Of; 1 will
maintain the respect due to courts of
justice and judicial officers; / viii counsel
and MAINTAIN only such actions proceed
ings and defenses as appear to me legally
debatable and just, except the defense OF a
person charged with a public offense: l will
employ for the purpose OF maintaining the
causes confided to me such means only as
are consistent with truth end honor, and
Will never seek to mislead the Judge or
jury by any aTtifice or false statement of
fact or law; l will maintain the confidence
ana preserve inviolate the secrets OF my
client, and will accept no compensation in
connection with his business except from
him or with his knowledge and approval;
l will abstain from ali offensive personality,
end advance no fact prejudicial to the
unless required by the justice of the cause
with which | am charged; | will never re-
myself the cause Of the defenseless or op-
pressed. or delay any mans cause for
lucre or malice. So help me God.
We doubt whether the legislature of New
York would have the constitutional power
to prescribe any such oath to be admins
tered to attorneys in this state. The posi-
ton of an attorney and counsellor at law is
III NAAAN AAAAA AAAt iiNbAilLk vi AUC d
constitution. and that instrument prescribed
a form Of oath to be administered to mem
bers of the legislature and all officers, exc
cutive and judicial, except such inferior
Officers as shall be exempted by law. The
constitution further provides that no other
oath, declaration or test shall be required
as a qualification for any office OF public
trust.
The recommendation that the oath for
mulated by the COMMITTEES Of the Ameri-
can Bar association should be adopted
by the proper authorities in all the states
and territories would therefore seem to be
impracticable so far as the state of New
York is concerned.-New York Sun.
Chinese Gambling.
A peculiar form of gambling was brouRht
To light by the murder OF a Chinese res
tauraEt keeper i'm Ph~iladelphia's Chinatown
recently. In the search for the alleged
slayer the police came upon a number OF