and the best interests of his client when he renders service or gives advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. He must also observe and advise his client to observe the statute law, though until a statute shall have been construed and interpreted by competent adjudication, he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. But above all a lawyer will find his highest honor in a deserved reputation for fidelity to private trust and to public duty, as an honest man and as a patriotic and loyal citizen. III OATH OF ADMISSION The general principles which should ever control the lawyer in the practice of his profession are clearly set forth in the following Oath of Admission to the Bar, formulated upon that in use in the State of Washington, and which conforms in its main outlines to the "duties" of lawyers as defined by statutory enactments in that and many other States of the Union*— duties which they are sworn on admission to obey and for the wilful violation of which disbarment is provided: I DO SOLEMNLY SWEAR: I will support the Constitution of the United States and the Constitution of the State of ..... I will maintain the respect due to Courts of Justice and judicial officers; I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land; I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and *Alabama, California, Georgia, Idaho, Indiana, Iowa, Minnesota, Mississippi, Nebraska, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington and Wisconsin. The oaths administered on admission to the Bar in all the other States require the observance of the highest moral principle in the practice of the profession, but the duties of the lawyer are not as specifically defined by law as in the States named. honor, and will never seek to mislead the Judge or jury by any artifice or false statement of fact or law; I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with his business except from him or with his knowledge and approval; I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any man's cause for lucre or malice. SO HELP ME GOD. We commend this form of oath for adoption by the proper authorities in all the States and Territories. PREAMBLE, pp. 1159, 1160. THE CANONS OF ETHICS, pp. 1160-1169. I. THE DUTY OF THE LAWYER TO THE COURTS. (1, 2, 4; iii, iv, vi.)* 2. 3. ATTEMPTS TO EXERT PERSONAL INFLUENCE ON THE COURT. (3, 16.)* 4. WHEN COUNSEL FOR AN INDIGENT PRISONER. (64; xviii, xxi, xxiii.)* 5. THE DEFENSE OR PROSECUTION OF THOSE ACCUSED OF CRIME 6. ADVERSE INFLUENCES AND CONFLICTING INTERESTS. (37, 28, 24, 7. PROFESSIONAL COLLEAGUES AND CONFLICTS OF OPINION. (42, 8. ADVISING UPON THE MERITS OF A CLIENT'S CAUSE. (38, 35; xi, (46, 47, 51; xliii, xliv.)* 9. NEGOTIATIONS WITH OPPOSITE PARTY. 10. II. 12. FIXING THE AMOUNT OF THE FEE. (54, 55, 56, 58; xviii, xxviii, 13. CONTINGENT FEES. (57; xxiv.)* 14. SUING A CLIENT FOR A FEE. (53; xxvii. See also xxix.)* 16. RESTRAINING CLIENTS FROM IMPROPRIETIES. (44.)* 17. ILL FEELING AND PERSONALITIES BETWEEN ADVOCATES. (31, 32; 18. TREATMENT OF WITNESSES AND LITIGANTS. (59, 30; ii, xiv, v.)* 19. APPEARANCE OF LAWYER AS WITNESS FOR HIS CLIENT. (21, 22; xxxv, xvi.)* 20. NEWSPAPER DISCUSSION OF PENDING LITIGATION. (19, 20.)* 21. 22. 23. CANDOR AND FAIRNESS. (5; xli.)* ATTITUDE TOWARD JURY. (60, 61, 17, 63; xlvii.)* 24. RIGHT OF LAWYER TO CONTROL THE INCIDENTS OF THE TRIAL. 25. TAKING TECHNICAL ADVANTAGE OF OPPOSITE COUNSEL; AGREE- 26. PROFESSIONAL ADVOCACY OTHER THAN BEFORE COURTS. (27.)* 27. 28. STIRRING Up Litigation, DIRECTLY OR Through AgentS. (23.)* 30. JUSTIFIABLE AND UNJUSTIFIABLE LITIGATIONS. (15; x, xi, xiv.)* 32. THE LAWYER'S DUTY IN ITS LAST ANALYSIS. (66; xxi, etc.)* *The Arabic numerals in the brackets immediately following the By order of the Executive Committee, the following prices Vol. 1 (1878), postpaid, paper, 50 cents; cloth, 75 cents. Vols. 2 to 26 (1879 to 1903), postpaid, paper, 75 cents each: Vols. 27 and 28 (1904 and 1905), postpaid, paper, $1.00 each; Vol. 29 (1906, Part 1) (American Bar Association Proceedings, Vol. 30 (1906, Part 2) (Proceedings of Sections, Association of Vol. 31 (1907), postpaid, paper, $1.00; cloth, $1.25. Vol. 32 (Sharswood's Ethics) will not be sold, but will be fur- Vol. 33 (1908), postpaid, paper, $1.00; cloth, $1.25. The great number of applications for sets of reports from The reports will be published each year about December 1. GEORGE WHITELOCK, Secretary, 1407 Continental Trust Building, Baltimore, Md. ALBERT C. RITCHIE, Assistant Secretary, 745 Calvert Building, Baltimore, Md. INDEX. Address, Annual, by Augustus E. Willson.... of Chairman of Section of Legal Education. PAGE 12, 410 741, 777 818, 821 7, 347 of President of Association of American Law Schools 832, 869 form State Laws.... of Welcome, by Samuel T. Douglas.... (See Papers Read.) Addresses, Annual, List of.. .992, 1024 3 720 Admiralty Legislation, Proposed (see Report of Committee on Commercial Law; Legislation, Proposed). Admission to the Bar (see Report of Committee on Legal Appeals, Court of Patent (see Report of Committee on Pat- 12, 410 720 141 144 Appeals from the District of Columbia (see Report of Com- Appendix ... 345 ..... 108 Appropriations for Expenses of Committees... Arbitration Treaties (see Report of Committee on Inter- national Law). Assistant Secretary, Provision for... Association of American Law Schools. Address of the President of... Committee, Executive Report of .... (1173) 48, 145 832, 869 830 863 |