The Hawaiian gazette., 1910-08-26
FOR THE
LAWYER MEN

Canons of ethics for the legal pro-
fession of the Hawaiian Islands, and
particularly for the Hawaiian Bar AS
ISOLATION, will be proposed for adoption
at the next meeting of the local asso-
citation to be held on the afternoon of
August 81. The canons of ethics pro-
posed for adoption here are those
adopted in 1908 at Seattle by the Amer.
lean Bar Association. The report was
made at that time by the present Secre-
tary of War, Mr.. Dickinson.
D. L. Wilmington, of the law firm of
Castle & Wilmington, was present at
the session, and the only change made
in the report was upon the suggestion
of Mr.. Wilmington, referring to the
matter of contingent fees, which was
adopted after long and strenuous
| fight, but was finally adopted unanim.
ously.
Attorney General Lindsay has called
this matter to the attention of the Bar
Association and asked to have it sub.
mitted at the next meeting of the asso.
citation. Mr. Wilmington, in response
to this request, rs president of the Bar
Association, cordially approves of the
Encouragement IS desire. He states in
his letter to the attorney general that
! the committee which presented the
canons of ethics to the American Bar
! Association was a very eminent COM
mittee of which Henry st. George
! Tucker was the chairman, while it COM
prised in its membership the late Justice
Brewer the late William Writ Howe,
Alton B. Parker, George R. Peck,
Francis Dynde Stetson, Dean Thayer of
Harvard Law School and other distin-
guished gentlemen.
Mr.. Wilmington has received limited
number of copies of this code and has
distributed them as far as they will go.
The canons have been adopted in many
States. Acknowledgement Lindsay par
ticularizing New York, Pennsylvania,
ida, Tennessee, South Dakota. Kansas,
Indiana, North Dakota, Ohio, Washing,
ton, Nebraska and Louisiana.
One clause of the canons contains a
paragraph relating to the selection of
Judges, the report being as follows: cit
is the duty of the bar to endeavor to
. prevent political considerations from
outweighing judicial fitness in the Sc
lection of judges. 1t should protest
earnestly and actively against the APP
pointment or election of those who are
unsuitable for the bench; and it should
strive to have elevated thereto only
those willing to forego other employ.
ments, whether of business, political
or other character, which may embarrass
their free and fair consideration of
questions before them for decision The
aspiration of lawyers for judicial posi-
ton should be governed by an impair
tial estimate of their ability to add
honor to the Office and not by desire
for the distinction the position may
bring to themselves"
With reference to the attitude toward
a jury, the canons provide: can at
tempts to curry favor with iuries by
, fawning fattery or pretended solicitude
for their personal comfort are unpro.
fessional. Suggestions of counsel look
ing 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. A
, lawyer must never converse privately
with jurors about the case; and both be.
fore and during the trial he should
avoid communicating with them, even
as to matters foreign to the cause'
The lawyers duty in its last analysis
is discussed as follows:
No client, corporate or individual
however powerful, nor any cause, civil
, or political, however important, is en-.
: titled to receive, nor should any lawyer
, render, any service or advice involving
, disloyalty to the law whose ministers
, we are, or disrespect of the judicial
office which we are bound to uphold, or
corruption of any person or persons ex.
r ercising a public office or private trust
{ or deception or betrayal of the public.
When rendering any such improper
J service or advice, the lawyer invites and
, merits stern and just condemnation
| CorrespondinRly, he advances the honor
Of his profession and the best interests
, Of his client when he renders service OF
, gives advice tending to impress upon
the client aud his undertaking exact
, compliance with the strictest principle.
of moral law. He must also observe
! and advise his client 10 observe thf
statute law though until a statute shall
have been construed aud Interpreted By
, competent adjudication, he is free and
! Is entitled 10 advise as 10 It's validity
and as 10 what he eonseientiausly be
! lieyes 10 he rs just meaning and cx
tent But above an a lawyer viii find
DIS highest honor lH "a drsrr,uI frputn
ii0n for fidelity 10 private trust nnd IA
puddle duty ua au honest man and as
z