Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-06-02
CODE OF ETHICS FOR LAWYERS
Guide For Their Professional Con-
duct Prepared.

ethics has been prepared by a COM
mittee Of the American Bar associa-
ton, and is being submitted to men,
bers of the association for suggestions
and criticisms. The final report which
it is proposed to base upon the sug-
gestions and criticisms received will
be submitted to the association as a
whole at the annual meeting to be
held next August in Seattle, Wash
ington.
In twenty-seven states Of the Union
there are codes Of ethics more or less
complete. which exist as a result
either Of coditication by statutory
cnactments of some Of the duties
of lawyers or Of the action Of bar
association therein adopting canons OF
professional ethics. For some years
past members Of the bar associations
have advocated a movement which
should culminate in an authoritative
ly declared standard Of professional
conduct, which will not only serve as
a guide to the youthful practitioner,
but will place the profession before
the public in it's true light, and there
by free 1t from public criticism and
Censure. which have at times been be-
slowed upon II as a. result Of the mis-
conduct Of unworthy men who have
found their way into its ranks. At
the 1905 meeting Of the association
the chairman of the executive COM
mittee presented a resolution, which
was adopted unanimously, providing
for special committee to report upon
the advisability and practicability OF
the adoption Of code Of professional
ethics by the association. At the 1905
meeting the committee reported IA
vorably upon both points, and at the
1907 meeting the association directed
the committee to prepare a draft for
the proposed canons Of professional
ethics, requesting suggestions and
criticisms Of all members Of the
American bar.
Committees Report.
In it's report the committee says:
THE foundation Of the draft for
canons Of ethics is the code adopted
by the Alabama State Bar association
in 1887. This draft represents our
best present judgment after a most
careful consideration Of the subject.
"In America, where justice reigns
only by and through the people under
forms Of law, 1t Is essential that the
system for establishing and dispensing
Justice not only be developed to
high point Of practical efficiency, but
so maintained that there shall be alb
solute confidence op the part of the
public in the fairness, the integrity and
the impartiality Of its administration;
otherwise there can be no permanence
to our republican institutions. Our
profession Is necessarily the keystone
in the arch Of republican government,
and the future of the republic, to a
great extent, depends on our main
tenance Of the shrine Of justice pure
and unsullied. 1t cannot be so main
tanned unless the conduct and the mo-
tives of the members of our profession,
who are the high priests Of justice, are
what they ought to be.
mo code or set Of rules can be
framed which will particularize all
the duties Of the lawyer in the varying
phases Of litigation or in all the rela-
tions Of professional life. The follow
ing canons Of ethics are adopted by
the American Bar association as
general guide, yet the enumeration or
particular duties should not be con-
strued as a denial Of the existence OF
others equally imperative, though not
specifically mentioned"
The canons deal with the many
problems confronting the lawyer In his
professional conduct. Among the
most important recommendations are
the following:
Defending One Whom Advocate Be-
Iieves to be Guilty.
"A lawyer may undertake with pro-
priety the defense Of a person accused
of a crime, although he knows or be-
lieves him guilty, and having under
taken it. he is bound by all fair and
honorable means to present such de-
fenses as the law Of the land permits,
to the end that no person may be de-
prived of life or liberty but by due
process of law.
How Far a Lawyer May Go In Sup
porting a Clients Cause.
Nothing operates more certainly to
create or to foster popular prejudice
against lawyers as a class and to de-
prive the profession Of that full meas
ure of public esteem and confidence
which belongs to the proper discharge
Of its duties than does the false claim
often set up by the unscrupulous III
defense of questionable transactions,
that 1t is the duty of the lawyer to do
whatever may enable him to succeed
in winning his clients cause. A law
YER owes entire devotion to the inter-
est of his client. warm zeal In the
maintenance and defense Of his cause
and the exertion Of the utmost skill
and ability to the end that nothing
may be taken or withheld from him.
save by the rules Of law, legally ap-
piled. Nevertheless, it is steadfastly TO
be borne in mind that the great trust
is to be performed within and not
without the bounds of the law. The
office of attorney does not permit
much less does it demand for any cll-
ent violation of law or any manner OF
fraud or chicanery. No lawyer Is JUS
titled in substituting anothers con-
science for his own. A lawyer should
not do for client what his sense or
honor would forbid him to do for him.
self
of Witnesses and liti-
sants."
"A lawyer should always treat ad-
verse witnesses and suitors with fair
ness and due consideration. and he
should never minister to the malevo-
lence or prejudices of client In the
trial or conduct Of A cause. The cli-