The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-09-04

half
10. Appearance Of Lawyer as WIT
ness for His Clent.-When q lawyer IS
a witness for his client, except as 10
merely formal matters. such as the at
testation or custody of an instrument
and the like. he should leave the trial
Of the ease to other counsel. Except
when essential to the ends of justice,
a lawyer should avoid testifying IN
hcourt in behalf of his client.
90. Newspaper Discussion of Pend
ing Acknowledgements publica-
tions by lawyer as to pending or
anticipated litigation may interfere
with a fair trial in the courts and 9TH
erwise prejudice the due administration
of Justice Generally they are to be
condemned. If the extreme circum-
stances of particular case justify
statement to the public, it is unpro-
fessional to make it anonymously. An
ex parte reference to the facts should
mot 90 beyond quotation from the rec
ords and papers on file in the court;
hu+ even in extreme cases it is better
to avoid any ex parte statement.
81. Punctuality and Exped1tlon.-lt
| i the duty of the lawyer not only to
his client, but also to the courts and to
the public to be punctual in attendance,
land to be CONCISE and direct in the trial
] and disposition Of causes.
%. Candor and Fairness.-The con-
luct of the lawyer before the court
land with other lawyers should be char
lacterized by candor and fairness
| 1t is not candid or fair for the law
yer knowingly to misquote the contents
] G witness
1.-THE language or the argument of oppos-
ing counsel, or the language of decl-
| sion or a text book; or with knowledge
of its invalidity. to cite as authority
la decision that has been overruled, or
statue that has been repealed; or IN ar
gument to assert as fact that when
, has not been proved, or IN those Jurls-
! dictions where a side has the opening
and closing arguments to mlslead his
opponent by concealing or Withholding
positions in his opening argument upon
which his side then intends to rely.
1t is unprofessional and dlshonorable
to deal other than candidly with the
facts in taking the statements OF WIT
nesses, in drawing afidavits and other
documents. and in the presentation OF
causes.
| A LAWYER should not offer evidence,
which he knows the court should re-
! iect. in order to get the same before
the jury by argument for its admlssl-
bilitv, nor should he address to the
| Judge arguments upon any point not
properly calling for determination by
| him. Neither should he introduce into
an argument. addressed to the court,
remarks or statements intended to in
fiuence the Jury or bystanders.
These ana all kindred practises are
| unprofessional and unworthy of an of
fcer of the law charged, as is the law
yer. with the duty of aiding in the
| administration of justice.
| o. Attitude Toward Jury.-All at
I tpmpts to curry favor with Jurles by
! fawning, fiattery or pretended solicl-
tude for their personal comfort are I'M
professional Suggestions of counsel,
| looking to the comfort or convenience
of, jurors, and propositions to dispense
with argument. should be made to the
court out of the jury's hearing.
lawyer must never converse privately
with iurors about the case: and both
before and during the trial he should
avoid communicating with them, even
as to matters foreign to the cause.
"a. Right of Lawyer to Control the
Incidents of the Trial-As to Incl
dental matters pending the trial, not
affecting the merits of the cause, or
working substantial prejudice to the
rights of the client. such as forcing
the opposite lawyer to trial when he is
under afflction or bereavement; fore
ing the trial on a particular day to the
injury Of the opposite lawyer when no
harm will result from trial at diff
ferent time; agreeing TO an extension
of time for signing bill of exceptions.
cross heterogeneous and the like. the
lawyer must be allowed to Judge In
such matters no client has a right to
demand that his counsel shall be lib
eral or that. he do anything therein
repugnant to his own sense of honor
and propriety.
% Taking Technical Advantage Of
Opposite Counsel; Agreements With
Him-A lawyer should not ignore
known customs or practice Of the bar
or of particular court. even when the
law permits, without giving timely no.
itice to the opposing counsel. AS far as
sposslble. important agreements. affect
ling the rights of clients. should be re-
duced to writing; but it is dishonor-
fable to avoid performance of an agree
Iment fairly made because it is NOT re-