XLIX.

Avarice is one of the most dangerous and disgusting of vices. Fortunately its presence is oftener found in age than in youth; for if it be seen as an early feature in our character it is sure, in the course of a long life, to work a great mass of oppression, and to end in both intellectual and moral desolation. Avarice gradually originates every species of indirection. Its offspring is meanness; and it contaminates every pure and honorable principle. It cannot consist with honesty scarce a moment without gaining the victory. Should the young practitioner, therefore, on the receipt of the first fruits of his exertions, perceive the slightest manifestations of this vice, let him view it as his most insidious and deadly enemy. Unless he can then heartily and thoroughly eradicate it, he will find himself, perhaps slowly, but surely, capable of unprofessional-mean-and, finally, dishonest acts, which as they cannot be long concealed, will render him conscious of the loss of character; make him callous to all the nicer feelings; and ultimately so degrade him, that he consents to live upon arts, from which his talents, acquirements, and original integrity would certainly have rescued him, had he, at the very commencement, fortified himself with the resolution to reject all gains save those acquired by the most strictly honorable and professional means. I am, therefore, firmly resolved never to receive from any one a compensation not justly and honorably my due; and, if fairly received, to place on it no undue value; to entertain no affection for money, further than as a means of obtaining the goods of life, the art of using money being quite as important for the avoidance of avarice, and the preservation of a pure character, as that of acquiring it.

With the aid of the foregoing resolutions, and the faithful adherence to the following and last one, I hope to attain eminence in my profession, and to leave this world with the merited reputation of having lived an honest lawyer.

L.

LAST RESOLUTION: I will read the foregoing forty-nine resolutions twice every year during my professional life.

CANONS OF PROFESSIONAL ETHICS OF THE AMERICAN BAR ASSOCIATION 2

(a) His personal character. Sec. 11, 22, 26, 31.

(b) His duty to society. Sec. 2, 3, 5, 20, 21, 28, 29, 32.

II. THE LAWYER AS AN OFFICER OF THE COURT.

(a) His relations to the court. Sec. 1, 4, 10, 13, 15, 16, 18, 19, 21, 22, 23, 30.

(b) His relations to his professional brethren. Sec. 7, 9, 17, 24, 25, 29.

III. THE LAWYER AND HIS CLIENTS.

(a) His relations to his clients. Sec. 5, 6, 8, 10, 11, 12, 13, 14, 15, 16, 18, 24, 30, 31, 32.

(b) Improper methods of acquiring clients. Sec. 27, 28.

I. PREAMBLE.

In America, where the stability of Courts and of all departments of government rests upon the approval of the people, it is peculiarly essential that the system for establishing and dispensing Justice be developed to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality

2 "It might be too high praise to say that this Code, as finally approved, could not have been made better. But the question for the American lawyer is not whether a more perfect one could be made. It is whether this Code, having been framed after long deliberation and extensive correspondence by a capable Committee representing all parts of the United States, and adopted with practical unanimity after full opportunity for discussion by the American Bar Association, ought not, as a whole, to receive his support.

"If this Code is accepted by the bar associations of every state as a fair general statement of the main duties of members of the legal profession, a great purpose will be well accomplished. An authoritative criterion will be supplied, by which every lawyer can be safely guided, when he is in doubt as to the conduct he should pursue in respect to any of the questions which oftenest prove a source of perplexity. The law student will have a mentor always at hand. The courts will hesitate less in enforcing the discipline of the bar, since professional misconduct will be, more than ever before, a sinning against the light."-Simeon E. Baldwin, The New American Code of Legal Ethics, 8 Columbia Law Review, 541, 546, 547.

For the history of the adoption of the A. B. A. Canons in the different states down to 1914, see 39 Amer. Bar Assoc. Reps. 559.

Of the canons of the American Bar Association the Illinois Supreme Court has said: "These canons are not of binding obligation and are not enforced as such by the courts, but they constitute a safe guide for professional conduct in the cases to which they apply."-Dunn, J., for the court, in Ringen v. Ranes, 263 Ill. 11, 17, 104 N. E. 1023, 1025 (1914).

3 Prepared by Nathan William MacChesney, Esq., of the Chicago Bar, formerly President of the Illinois State Bar Association. This index is published by the Chicago Bar Association and the Illinois State Bar Association.

of its administration. The future of the Republic, to a great extent, depends upon our maintenance of Justice pure and unsullied. It cannot be so maintained unless the conduct and the motives of the members of our profession are such as to merit the approval of all just

No code or set of rules can be framed, which will particularize all the duties of the lawyer in the varying phases of litigation or in all the relations of professional life. The following canons of ethics are adopted by the American Bar Association as a general guide, yet the enumeration of particular duties should not be construed as a denial of the existence of others equally imperative, though not specifically mentioned:*

1. THE DUTY OF THE LAWYER TO THE COURTS. It is the duty of the lawyer to maintain towards the Courts a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance. Judges, not being wholly free to defend themselves, are peculiarly entitled to receive the support of the Bar against unjust criticism and clamor. Whenever there is proper ground for serious complaint of a judicial officer, it is the right and duty of the lawyer to submit his grievances to the proper authorities. In such cases, but not otherwise, such charges should be encouraged and the person making them should be protected."

ANNOT. Attacking or criticising court as ground for disbarment, see Attorney and Client, Cent. Dig. §§ 59, 60; Dec. Dig. § 43.

Attacking or criticising court as constituting contempt, see Contempt, Cent. Dig. §§ 6-10; Dec. Dig. § 6.

Suspension or removal of judge and liability of judge for official acts, see Judges, Cent. Dig. §§ 42-45, 165-180; Dec. Dig. §§ 11, 36, 37.

Remarks and conduct of judge on trial of case in general, see Criminal Law, Cent. Dig. §§ 1520-1535; Dec. Dig. §§ 654-658; Trial, Cent. Dig. §§ 80-84; Dec. Dig. § 29.

2. THE SELECTION OF JUDGES. It is the duty of the Bar to endeavor to prevent political considerations from outweighing judicial fitness in the selection of Judges. It should protest earnestly and actively against the appointment or election of those who are unsuit

4 "Laws will not make a community virtuous, nor will canons of professional ethics make dishonorable men honorable. Nevertheless, in a demo. cratic community, good laws help to raise and to strengthen the standard of social virtue, and canons of professional ethics similarly tend to raise and to strengthen the standard of professional honor."-The Outlook, Vol. 89, p. 408 (June 27, 1908).

"Such a code is valuable chiefly as the expression of public opinion, and its value, therefore, will depend upon the degree of social courage with which the standard it furnishes is enforced by the bar in different communities."-The Outlook, Vol. 90, p. 142 (Sept. 26, 1908).

5 See note to this canon, ante, p. 163.

able for the Bench; and it should strive to have elevated thereto only those willing to forego other employments, whether of a 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 position should be governed by an impartial estimate of their ability to add honor to the office and not by a desire for the distinction the position may bring to themselves."

ANNOT.

Appointment, eligibility, and qualification of judges, see Judges, Cent. Dig. §§ 1-23; Dec. Dig. §§ 1-5.

3. ATTEMPTS TO EXERT PERSONAL INFLUENCE ON THE Court. Marked attention and unusual hospitality on the part of a lawyer to a Judge, uncalled for by the personal relations of the parties, subject both the Judge and the lawyer to misconstructions of motive and should be avoided. A lawyer should not communicate or argue privately with the Judge as to the merits of a pending cause, and he deserves rebuke and denunciation for any device or attempt to gain from a Judge special personal consideration or favor. A self-respecting independence in the discharge of professional duty, without deniai or diminution of the courtesy and respect due the Judge's station, is the only proper foundation for cordial personal and official relations between Bench and Bar.

ANNOT. Attempting to influence court as constituting contempt justifying disbarment of attorney, see Attorney and Client, Cent. Dig. § 60.

4. WHEN COUNSEL FOR AN INDIGENT PRISONER. A lawyer assigned as counsel for an indigent prisoner ought not to ask to be excused for any trivial reason, and should always exert his best efforts in his behalf.

ANNOT. Assignment as counsel by the court, and skill and care required of attorney, see Attorney and Client, Cent. Dig. §§ 31, 218; Dec. Dig. § 23; Criminal Law, Cent. Dig. §§ 1500-1505; Dec. Dig. § 641.

5. THE DEFENSE OR PROSECUTION OF THOSE ACCUSED OF CRIME. It is the right of the lawyer to undertake the defense of a person accused of crime, regardless of his personal opinion as to the guilt of the accused; otherwise innocent persons, victims only of suspicious circumstances, might be denied proper defense. Having undertaken such defense, the lawyer is bound by all fair and honorable means, to present every defense that the law of the land permits, to the end that no person may be deprived of life or liberty, but by due process of law."

The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done. The suppression of facts

See B. B. A. revision of this canon and notes, ante, p. 163.
See note to this paragraph of this canon, ante, p. 309.

or the secreting of witnesses capable of establishing the innocence of the accused is highly reprehensible.

8

ANNOT. Defense of criminal in general, see Attorney and Client, Cent. Dig. §§ 31, 218; Dec. Dig. § 23; Criminal Law, Cent. Dig. §§ 1496-1506; Dec. Dig. § 641.

Misconduct of counsel, ground for new trial, see Criminal Law, Cent. Dig. §§ 2197-2201; Dec. Dig. § 919.

Functions of office and powers and duties of prosecuting attorneys, see District and Prosecuting Attorneys, Cent. Dig. §§ 1, 34-37; Dec. Dig. §§ 1, 8, 9.

6. ADVERSE INFLUENCES AND CONFLICTING INTERESTS. It is the duty of a lawyer at the time of retainer to disclose to the client all the circumstances of his relations to the parties, and any interest in or connection with the controversy, which might influence the client in the selection of counsel.

It is unprofessional to represent conflicting interests, except by express consent of all concerned given after a full disclosure of the facts. Within the meaning of this canon, a lawyer represents conflicting interests when, in behalf of one client, it is his duty to contend for that which duty to another client requires him to oppose.

The obligation to represent the client with undivided fidelity and not to divulge his secrets or confidences forbids also the subsequent acceptance of retainers or employment from others in matters adversely affecting any interest of the client with respect to which confidence has been reposed."

ANNOT. Acting for adverse parties in different capacities or receiving compensation from adverse party, see Attorney and Client, Cent. Dig. §§ 27-30, 208, 229, 307: Dec. Dig. §§ 19-22, 113, 130.

7. PROFESSIONAL COLLEAGUES AND CONFLICTS OF OPINION. A client's proffer of assistance of additional counsel should not be regarded as evidence of want of confidence, but the matter should be left to the determination of the client. A lawyer should decline association as colleague if it is objectionable to the original counsel, but if the lawyer first retained is relieved, another may come into the case. When lawyers jointly associated in a cause cannot agree as to any matter vital to the interest of the client, the conflict of opinion should be frankly stated to him for his final determination. His decision should be accepted unless the nature of the difference makes it impracticable for the lawyer whose judgment has been overruled to cooperate effectively. In this event it is his duty to ask the client to relieve him.

Efforts, direct or indirect, in any way to encroach upon the business of another lawyer, are unworthy of those who should be brethren at

8 See B. B. A. revision of this paragraph of this canon, and notes ante, pp. 284, 285.

See B. B. A. revision of this canon and notes, ante, pp. 375, 376.