The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-08-14
SERVING TWO MASTERS.

SERVING TWO MASTERS.
Tho virginian-Pllot has written O.
strong brief in editorial form against
the retaining as attorneys OF members
Of City Councils in cases in which the
city is involved. This was called forth
by consideration OF the passage rec
Gently OF an amendment by the City
Council OF Richmond forbidding Coun-
cilmen to appear In certain cases as
attorneys, and further by the Tunsta1l
case in Norfolk.
The circumstances leading up to the
adoption OF the ordinance in Rich
mond are we'll known to the peo-
pie here, but public attention OUT
side OF Norfolk has not been d.
rected to any considerable degree to
that place. The facts in that case are
that Mr. Tunstall has rendered his
resignation as Councilman of Nor
folk, for the reason that he repre-
sents as an attorney leuseholder in
a lease matter In which the interests
of the city Is adverse to that Of his
client. While no has thus offered to
Withdraw from Tho Council, Mr.. Tun-
|stall Is Of opinion that 1t would be
proper for him to remain in the Coun-
Gil and refrain from casting vote at
any stage OF the proceedings IN which
his client is interested.
Commenting on Mr.. Tunstall's be-
lief that he could stay in the Council
and act properly by abstaining from
voting, the yirginian-P Pilot well says:
What an attorney owes his client
goes without saying; all his ability, all
his legal lore, all. his familiarity with
the technicalities of practice, and all
the force Of his personality. Are the
obligations Of Councilman to the
people any less comprehensive? Can
he meet them by standing mute when
the Issue is as to testing theirlegal en-
titlements? BY prescription immemo-s
rial IN the State Code, the trustee or
guardian must appeal to the courts in
behalf'ffof the estate or the ward in
his Keeping even in cases where his
own sense of equity would forbid; he
must bring suits OF whose justice he
entertains doubts, and he must plead
4 infancy or Limitation against actions
which as an individual he would not
i contest. And no one would contend
4 that such trustee or guardian could
properly act as attorney for an inter-
est adverse to the subject of his trust,
i or could remove the incompatibility of
the two relationships by temporarily
i declining to exercise the functions Of
the former. If member of the bar
should be employed as adviser to two
I corporations and they should become
n involved In controversy, he would not
i, for moment entertain the idea that
q he could serve both by actively advo-
cutting the cause of one and simply
Withholding his voice when the other
was celebrating what course to pur-
4 sue. In fine, we hold the public obli-
i cation voluntarily assumed to be par
amount to any professional engage
ment when the two come into conflict,
that both cannot be discharged at the
same time in the fulness of measure
i that ethics prescribe, and that one or
the other should be relinquished.5
This is not to affirm, for we do not
believe, that the legal fraternity
should be ineligible to membership Of
Ilaw-making bodies. But we do think
that when this class OF citizenship en-
ters the representative field it should
thereafter condition professional en-
/.
ing matters within the sphere of their
public jurisdiction and responsibility,
i It is better always to err on the side
OF sentiment which shrinks from
|'even the appearance Of evil, than to
] rely too implicitly on the correctness
OF opinions which in the best OF NOR
tails are liable to be swayed towards
4 compromise where the alternative is
sacrifice"
In all that it says In this matter.
we agree unhesitatingly with our con-
temporary. There are many men OF
!, high calibre who believe that they are
!. able in cases Of this sort to draw a
sort Of subjective line between the two
| conflicting interests. but in our opin-
ion such demarcation is not posi-
Bile.
In protesting so vigorously against
J, the practice Of representing both
sides. the yirginian-Pilot has used
a legal analogy with which to
refute reply by lawyers. We may
! be permitted. in like manner, to
quote from the code Of ethics of tho
I. American Bar Association. the guide
not only OF Virginia lawyers. but also
of the Bar of the nation. It says:
q ut is unprofessional to represent
& conflicting interests. except by express
! consent Of all concerned given after
a full disclosure of the facts. Within
j the meaning of this canon, a lawyer
represents conflicting interests when,
4 in behalf of one client tits his duty
to contend for that which duty tc an
Z other client requires him to impose
What has been said here applies not
only to lawyers in City Councils. but
q to lawyers in the Legislature as we'll.
Public office is q public trust" and no
B man ought to allow himself to wander
into the twilight zone Of duty by rep
I Presenting simultaneously private in
tercsts and public demands. s
ANOTHER YANKEE SUGGESTION.
Il The Utica Observer thinks that it
4 would be better for mississippi not to
place q statue OF Jefferson Davis in
2 the Statuary Hall in Washington. but
4 1T makes this rather surprising. not