Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1916-08-17
SHOULDLAWYER DELUDE
j MAD CLIENT TO CURE
! HIM? Is ETHICAL QUERY
Philadelphia Attorneys and Doc
tor Declare He Should-New
York Association Diff
fers With Them
THOUGHT HE WAS HERO

Is a patient, diagnosed as durable, 20 be
doomed to insanity because Of legal ethics?
How far may n lawyer divert the truth to
cooperate with a physician In saving life
or sanity7 How far IS n physician JUST.
hed in n similar benehcent deception? Can
the end justify the means? These are some
of the questions involved I'm the decision OF
the New York County Lawyers Association
that lawyer cannot ethically assist ply
siclan in deceiving an insane person, even
on the ground that through such assistance
alone there is chance for recovery.
A New York business man became
obsessed with the deuson that he was
hero. His relatives advised by specialists,
had him committed to n private institution
for the insane. There upon he wrote HIS
attorney Isadore M. Levy, telling him to
begin proceedings for his release. At the
request of the patients physician, backed
by his relatives, the lawyer wrote him inn
aginative reports of The way his appeal was
going-thus keeping him optimistic and Civ
Ing his physician the best possible opnor-
tunity For this Mr. Levy was roundly
criticized. He appealed TO the New York
County Lawyers Association for n ruling
on the subject. and the association con-
demned his conduct as unethical.
However It may be in New York mem
bers Of the Philadelphia bar were found to
be far from a unit in upholding their New
York brethren. Typical of those who refuse
TO measure humanity with foot rule is
Congressman John Il. IL. Scott.
"I cannot concur in the verdict of the
New York County Lawyers Association" |
said Mr.. Scott. ut is based on technically |
legal ethics and should not be allowed to |
prejudice ones human duty TO ones fellow |
man. If the lawyer in question acted in |
the best interests of his client. appears |
incontestablc in this case he did just what |
he was sworn to do In such n case l |
would not look upon an untrue statement |
30 an insane client as misrepresentation" |
Another attorney, who preferred to re-
main anonymous, amplified the same view.
II shouldn't hesitate to align myself with
those who hold view contrary to that Of
the Lawyers Association" he said. Had
l had the case / should have felt impeled.
to do all l could, always provided that a
definite assurance of good was in sight with
absolutely no possibility Of evil resulting.
can see no difference between the legal
and medical professions in such a case"
Physicians condemn the associations yer.
dict still more emphatically than attorneys.
DR.. William b. Griggs, 1926 North Twelfth
street, was one.
Every case must be Judged upon it's in
dividual merits. But If this insane man
had been diagnosed as durable under favor.
able conditions, then it was the solemn
duty OF his lawyer to cooperate with his
physician in any course of action looking
toward an ultimate cure Under such con-
ditions II, is the mental state that makes
the man. Bulwark his optimism, let him
See light ahead, and you have the basis
for a possible cure but once let melan.
chola, which almost always accompanies
such disease, run rampant 0nd what chance
have you? The psychic effect of optimism
In such case is incalculable; to promote
It, therefore, was the only humanitarian
course of action"