THE GOOD ADVOCATE.

Thomas Fuller, The Holy State and the Profane State (1841 Ed.) Book 2, chap. 1, pp. 49, 50:

CHAPTER I-THE GOOD ADVOCATE.

He is one that will not plead that cause wherein his tongue must be confuted by his conscience. *

MAXIM I.

He not only hears, but examines his client; and pincheth the cause, where he fears it is foundered.-For many clients, in telling their case, rather plead than relate it; so that the advocate hears not the true state of it till opened by the adverse party. * *

II.

If the matter be doubtful, he will only warrant his own diligence.

•III.

He makes not a Trojan siege of a suit, but seeks to bring it to a set battle in a speedy trial.-Yet sometimes suits are continued by their difficulty, the potency and stomach of the parties, without any default in the lawyer.

IV.

He is faithful to that side that first retains him.

V.

In pleading, he shoots fairly at the head of the cause; and having fastened, no frowns nor favours shall make him let go his hold. *

VI.

He joys not to be retained in such a suit where all the right in question is but a drop, blown up with malice to be a bubble.-Wherefore,

of Dunn, 205 N. Y. 398, 402, 403, 98 N. E. 914, 916, Ann. Cas. 1913E, 536 (1912). See Underwood v. Lewis, [1894] 2 Q. B. 306.

"As there is no difficulty as to what counsel should do in an honest though feeble case, neither is there any question as to what he should do when, after. having been retained, he discovers that his case is unsound and dishonest. He is bound to abandon the cause at once. He is not bound, as has been observed, to do more for a client than the client could justly do for himself. Or, if he has, in error, advanced so far in the cause that he cannot abandon it without compromising too far the interests of his client, he must at least be careful, while he watches its progress, not to adopt its principles and thereby forfeit his own self-respect and the approval of his own conscience."-David Paul Brown, The Forum; or Forty Years Full Practice at the Philadelphia Bar (1856) Vol. 2, pp. 36, 37.

in such trivial matters, he persuades his client to sound a retreat and make a composition.

VII.

When his name is up, his industry is not down.

VIII.

He is more careful to deserve, than greedy to take, fees.

CHAPTER VI

SOLICITATION OF LEGAL BUSINESS

SECTION 1.-ADVERTISING

A. B. A. CANON.

27. ADVERTISING, DIRECT OR INDIRECT. The most worthy and effective advertisement possible, even for a young lawyer, and especially with his brother lawyers, is the establishment of a well-merited reputation for professional capacity and fidelity to trust. This cannot be forced, but must be the outcome of character and conduct. The publication or circulation of ordinary simple business cards, being a matter of personal taste or local custom, and sometimes of convenience, is not per se improper.1 But solicitation of business by circulars or advertisements, or by personal communications or interviews, not warranted by personal relations, is unprofessional. It is equally unprofessional to procure business by indirection through touters of any kind, whether allied real estate firms or trust companies advertising to secure the drawing of deeds or wills or offering retainers in exchange for executorships or trusteeships to be influenced by the lawyer. Indirect advertisement for business by furnishing or inspiring

1 "In small cities or rural communities, long usage has sanctioned the insertion of professional cards in the advertising columns of the local newspapers. But in large cities where advertising in the public prints is carried to such extremes, the profession frowns upon advertising by lawyers. It is considered undignified for a lawyer's card to be inserted in company with the appeals of clairvoyants, medical quacks, matrimonial bureaus, and get-richquick schemes."-Gleason L. Archer, Ethical Obligations of the Lawyer (1910) § 130, p. 241.

2 "It would be an unquestioned breach of Canon 27 for a lawyer to advertise that he would draw wills without charge, and it would not heal the wound without a scar if it was implied that the lawyer should be named as executor, trustee, or guardian. Yet it has been the custom for years of corporate competitors of the lawyers so to advertise, and in fact to live up to the advertisement. * * By Canon 27, also, a lawyer is forbidden to

solicit employment. But he may own stock in a trust company which adver tises its ability to act as executor, trustee, etc., although he knows that in the business thus acquired he is to be employed."-Robert McMurdy, Ethics and the Corporations, 6 Illinois Law Review, 54, 55.

"When, therefore, the trust company offers to draw one's will, as a means of securing the position of trustee under the will, and offers the services of its own attorneys for the purpose, it must find its authority in some express provision of law distinguishing it from any other corporation. The case is not the simple case of the ordinary request of a lay trustee that his own counsel be permitted to draw the trust deed or will. The interest of the grantor is COST.LEG.ETH.-16

newspaper comments concerning causes in which the lawyer has been or is engaged, or concerning the manner of their conduct, the magnitude of the interests involved, the importance of the lawyer's positions, and all other like self-laudation, defy the traditions and lower the tone of our high calling, and are intolerable.3

ADVERTISING BY ENGLISH BARRISTERS. Statements of the General Council of the Bar, The Annual Practice (1917) pp. 2406, 2413, 2416:

ADVERTISING BY BARRISTERS. The attention of the Council has been called to certain advertisements contained in a Legal Directory published in America in which the names of members of the English Bar, together with their London addresses, were set out, and which appeared to the Council to constitute an infringement of the rule of Professional Etiquette that an English barrister should not advertise. The Council accordingly placed themselves in communication with the gentlemen concerned, and were glad to be assured by them that the advertisements had been inserted without their knowledge, and that they had taken immediate steps to suppress the advertisements. An. St. 1905-06, p. 13.

CHANGE OF ADDRESS. There is no objection to a Barrister sending notice to solicitors of change of address, so long as it be sent only

not identical with the interest of the trustee, and ordinarily the trustee's lawyer would not be qualified to safeguard the interests of the grantor. By what change in professional attitude has it become proper for him, who is the paid counsel for the trustee, to be also the counsel for the grantor? And if he is to be paid for his services, and the employment is secured by solicitation or advertising, how has the nature and character of the service been distinguished from that of any lawyer whose business is solicited through his efforts? * * We conclude, therefore, that certain matters are clear: (1) Neither a title company nor a trust company may offer to draw a deed of trust or a will for the purpose of becoming trustee or executor. (2) Neither a title nor a trust company may offer to furnish legal service or advice in the drawing of a deed of trust or will. (3) Lawyers who participate in such practices and receive retainers under such circumstances are violating the canons of ethics of their profession."-Extracts from a lawyer's opinion quoted in Julius Henry Cohen, The Law: Business or Profession? (1916) pp. 274-276.

See Is it Professional for Lawyers to Draw Wills for Trust Companies Where Such Business is Secured by Advertising? 79 Centr. L. J. 111.

8 "The consensus of opinion seems to be that a lawyer has a perfect right to enter into any newspaper discussions of current topics, even though the natural result of such publication may be to bring clients to the lawyer. Such discussion may in fact be a distinct public service. The lawyer of ability, with his training in the logical analysis of a cause, is qualified to become a leader of popular thought. But a lawyer should not take part in

a newspaper discussion if he is in the employ of corporations or interests concerned, unless he discloses his employment. He should not endeavor to influence public opinion as to cases then pending in which he is in any way concerned."-Gleason L. Archer, Ethical Obligations of the Lawyer (1910) § 132, p. 244.

to the Barrister's clients. An. St. 1900-01, p. 8. But "clients" means regular clients only, and not every Solicitor from whom a Barrister may have at any time received a set of papers. An. St. 1905-06, p. 10.

Reports of COMPANIES. A Barrister should not permit his name to be printed in the reports of limited companies, which are annually forwarded to the shareholders and which describe him as legal adviser to the company. An. St. 1909, p. 8.

NAMES OF COUNSEL GIVING OPINIONS-PUBLICATION OF. The practice of certain newspapers publishing the names of Counsel in connection with opinions printed in their columns has been altered to meet the wishes of the Council. An. St. 1896-97, p. 9.

ANSWERS TO LEGAL QUESTIONS IN NEWSPAPERS AND PERIODICALS. It is contrary to professional etiquette for a Barrister to answer legal questions in newspapers or periodicals, whether for a salary or at ordinary literary remuneration, (1) where his name is directly or indirectly disclosed or liable to be disclosed, or (2) where the questions answered have reference to concrete cases which have actually arisen or are likely to arise for practical decision. An. St. 1908-09, p. 23.

SIGNED ARTICLES. It is not a breach of professional etiquette for a Barrister to write for a technical journal a series of signed articles dealing with legal questions which have a general interest for the profession amongst whose members the journal circulates, provided that such articles do not deal with concrete cases which have actually arisen, or are likely to arise, for practical decision. In such signed articles the writer may describe himself as "barrister-at-law," and if he is the author of a text-book dealing with his subject, he may also describe himself as such. This applies to articles, whether signed at the foot or not, which are headed with the name of the writer. An. St. 1915, p. 17.

PHOTOGRAPHS IN LEGAL NEWSPAPERS. It is undesirable for Members of the Bar to furnish signed photographs of themselves for publication in legal newspapers. An. St. 1900-01, p. 8.

4 The war has caused an addition to the English rule. In 51 Law Journal, 198, the General Council of the Bar states that: "The Council are of opinion that, in the exceptional circumstances of the war, members of the Bar ought to be permitted to inform their regular [solicitor] clients (a) on being called up that they are joining the colours and have made arrangements for their practice to be continued in their absence; (b) on their return, that they have returned to practice."