Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1908-06-04
LAWYERS TO TRY
AND Be BETTER
CODE OF ETHICS PROPOSED AS A
GUIDE TO THE DISCIPLES
OF BLACKSTONE.

| committee Of the American Bar as
ISOLATION detailing a proposed canon
of professional ethics has been pre-
pared. The report is signed by Alton
B. Parker, former chief justice of the
| New York State court of appeals;
Justice Brewer of the supreme court
of the United States; Judge Thomas
G. Jones, of the United States court
in Alabama; J. NJ. Dickinson. presi-
| dent Of the American Bar association;
George R. Peck and William Writ
Howe, former presidents of the New
York Bar association. The report is
a result Of a three days session of
the committee recently held in Wash
ington. The purpose Of the proposed
code is not only to serve as guide
to the youthful practitioner, but to
place the profession before the public
in its true light, and thereby free it
from public criticism and censure
which have at times been bestowed
upon it as a result of the misconduct
of unworthy men who have found
their way into its ranks.
The committee says that no code or
set of rules can be framed which will
paTticuIarize all the duties of the
lawyer in the varying phases of liti-
cation or in all the relations of pro
fessionaI life. The proposed canOns Of
ethics are adopted by the American
Bar association as a general guide
yet the enumeration of particular
duties should not be construed as a
denial Of the existence of others equal
Iy imperative, though not specifically
mentioned
The canOns deal With the many
problems confronting the lawyer in
his professional conduct. Among the
most important recommendation are
the following:
Defending the Known Guilty.
A lawyer may undertake with pro
!; priety the defense of a person accused
, Of a crime, although he knows or be-
} ieVes him guilty, and having under
taken it, he is bound by all fair and
!, honorable means to present such de
lenses as the law of the land permits,
, to the end that no person may be de-
Drived of life or liberty but by due
process of law.
| Treatment of Witnesses.
| A lawyer should always treat adj
verse witnesses and suitOTs with fair
ness and due consideration, and he
should never minister to the maIevo-
, lence or prejudices of a client in the
trial or conduct Of a case. The
!, client cannot be made the keeper of
the lawyers cOnsciene in professional
, matters. He cannot demand as of
right that his counsel shall abuse the
opposite party or indulge in offensive
= personalities. Improper speech is not
excusable on the ground that it is
what the client would say if speaking
in his own behalf.
Stirring Up Litigation.
1t is unprofessional 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 unprOfessionaI
but it is disreputable in morals, con-
trary 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 on order to be employed to
bring suit, or who breeds litigation by
seeking out those with claims for per-
sOnal injuries or those having any
other grounds of action in order to
secure them as clients, or who en-
plOys agents or runners for like pur-
poses, or who pays or rewards directly
or indirectly those who bring or infu-
ence the bringing Of such cases to his
office or who remuneTates policemen,
court or prison officials, physicians,
hospital attaches or others who may
succeed, under the guise of giving dis
interested friendly advice, in influence
ing the criminal, the sick and the in
jured, the ignorant or others, 70 seek
his professional services.
Responsibility for Litigation.
No lawyer is obliged to act either
as adviser or advocate for any person
who may wish to become his client.
He has the right to refuse reUainers.
Every lawyer must decide what bust
ness he will accept as counsellor,
what causes he will bring into court
for plaintiffs, what cases he viii con-
test in court for defendants. The
( responsibility for advising question
able transactions, for bringing cues
tionabIe suits, for urging questionable
defenses, is the lawyers responsible
ity. He cannot escape it by urging as
an excuse Mat he is only following his
clients instructions.
The Last Analysis.
No client, corporate or individual,
however powerful, nor any cause. civil
or political, however important, is en-
titled to receive, nor should any law
yer render any service or advice in
volving disIoyalty to the law whose
ministers we are, or disrespect Of the
judicial Office, which we are bound 30
uphold. or corruption Of any person or
persons exercising a public Office or
private trust or deception or betrayal
of the public When rendering any
such improper service or advice, the
(, lawyer lays aside his robe Of Office,
and in his own person invites and
merits stern and just condemnation.
/ Mosquitoes and History.
We learn from excellent authority
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