New-York tribune., 1908-05-29
NEW CODE FORLAWYERS
ETHICS OF PROFESSION.
Stirring Up of Litigation and DIS
loyalty to Law Condemned.

Just what the duties and obligations Of
lawyer to be determined by the American Bar
Association this In twenty-seven states
these duties and obligations have been or less
definitely get by statutory enactments and Bar
Association rules but committee OF the American
Bar Association headed by ex-Judge Alton p. Par
ker and Justice Brewer, Of the United States Su-
preme Court. has drafted tentative set Of
canons professional ethics These have been sub
mitted the profession for criticism ard sugges
ton and the draft and sugestio1s will be sub
mitted to the association the annual meeting in
Seattle next August The adoption Of national
standard code of ethics has been under considera-
tion since 1905.
The tentative draft the duties and respon-
sibilities of counsel where it is believed the pris
Is guilty; far counsel may go in support
ing clients cause; the stirring UP OF litigation.
which is condemned: advertising. oath. 10 be
taken being admitted to the bar. and most Of
the relations existing between counsel and client
The oath suggested by the committee. IL followed
to the letter, would take away all basis OF COM
plant against the profession II reads:
1 will support the Constitution Of the United
I will maintain the respect due to courts OF JUS
tice judicial officers
greosedtnss snd aefsness as apPsaE 70 ne legally
esaar9 with d jqs bc 6epe ra OF person
I will employ for the purpose of maintaining the
sistent with truth and honor, and viii never seek
to, naslead the Judge or jury by any artifce or
] viii maintain the confidence and preserve in
compensation in connection with his business
except from him. or with his knowledge and ap-
will abstain from all offensive personality. and
advance no fart prejudical to the honor or repua-
tion of a party witness. unless required by the
justice of the cause with which I charged
sona to myself the cause Of the defenceess or or-
malice
Besides ex-Judge Parker and Justice Brewer. the
report is signed by Judge Thomas C. Jones' OF the
United States Circuit Court in Alabama; J. NJ.
Dickinson. president II the American Bar Associa-
tion; George r. Peck and William Writ Howe,
ex-presdents Of the association. and Francis
Lynde Stetson. president OF the New York Bar
Association The foundation of the report. adopt
ed a few days ago after three days session OF
the committee in Washington. is the code adopted
in 1857 by the Alabama State Bar Association
Among the important adopted is
governing the defence Of client believed TO
be guilty This says:
A LAWYER may undertake with proPriety the de-
fence of a person accused of crime. although
he knows or believes him guilty and having q1, IN.
means to present such defences the Law Of the
deprived Of life or liberty but by due process of
law
In the mind Of the committee nothing operates
more against lawyers class tn the community
than the attitude of an unscrupuIous lawyer that
he is justified in doing anything to win his case
On far counsel may go in support OF a client
the report says:
A lawyer owes entire devotion 70 the interest
Of his client. zeal IN the maintenance and
defence & Of hs cause and ~ ts exeEt9n @ 2[ Ige NAV nv
be taken or withheld from him, save BY the rules
does not permit much less does ii demand toE
fsu6 faI cSn oT cnca8e2 fies9n q No law%r Is 1usted in
substituting another's conscience for his own. A
Of honor would forbid him TO do for himself
Advertising ~ b,y -ba publication Of ordinary
business cards. considered question Of per
sonal by the committee but solicitation Of
business by circulars advertisements. personal
interviews communications not warranted ny
personal relations is condemned as unprofessonaL
OS the stirring up Of litigation. ambulance chas-
ing" and such abuses the report says:
1t Is unprofessionaI for lawyer. to volunteer
advice TO bring lawsuit except In rare Eases
his duty to do so. Not only is stirring up strife
and litigation unprofessienal but II IS
IN morals contrary TO public policy and indctaole
No one should be permitted to remain in The
causes of action and informs thereof In order 70
by seeking out those with claims for personal in
in order 10 secure them as clients or who employs
agents runners for like purposes or who pays or
infuenc. ne bringing Of such cases 70 his Office.
or who Teraunerates poiicsrnen; court or Prison o.
NAV. succeed. under the guise Of giving disinter-
f5 Sick snd the injured the gorat or others to
seek his professional services.
Other canons formulated
No lawyer is obliged 70 act either as adviser
advocate for any person who may wish TO become
his client He has the right TO refuse retaners
No client. corporate or individual however pow
erfUl. cause. civil or political. however i'm
portant is entitled 70 receive, shorld any law
yer render. any service or advice involving dis
loyalty the law whose ministers dts
Of the judicial office which bound to
uphold or corruption Of any person or persons ex-
ercisng public Office private trust, decep-
ton betrayal of the public
When rendering any such improper service or ad-
vice the lawyer lays aside his robe Of Office and in
his person invites and merits stern and Just
condemnation
He must observe and advise his client 70 observe
the statute law, though until statute law shall
have been construed and interpreted by competent
adjudication he is free and is entitled advise
to its validity and as TO what ne co1scientiOusly
believes to be rs Just meaning and extent
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