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INDEX

[THE FIGURES REFER TO PAGES]

A. B. A. CANONS,

See American Bar Association.

ABBOTT, EVERETT V.,

See Table of Other Authorities.

ABINGER, LORD,

On advocacy, 231 n.

ABUSE OF JUDGE,

See Courts-Duties of Lawyers to.

ABUSE OF LEGAL PROCESS.

See Committee on Professional Ethics of the New York County Law-
yers' Association.

Abuse of process by lawyers for defense, 362 n.

Abuse of process by prosecuting lawyer, 308 n.

Collusive actions, 120-124, 546-548.

Lulling defendants into security and then taking procedural advantage
of them, 423, 424.

ABUSE OF OPPOSING PARTY OR LAWYER

Slander or libel, 77-82.

ACCEPTANCE AND CONDUCT OF THE CLIENT'S CAUSE, 391-469.
See Client's Cause.

ACCOUNTANT AND LAWYERS,

See Committee on Professional Ethics of the New York County Lawyers'
Association.

ACCUSED PERSONS,

See Committee on Professional Ethics of the New York County Law-
yers' Association.

Defense of accused by lawyer who believes him to be guilty or knows
him to be so, 311-313, 317-352.

Duty of lawyer for an accused who has forfeited bail, 365.

Effect of confession by accused person to counsel with request that coun-

sel continue to try to secure acquittal, 321–341.

Lawyer for defense prosecuting hopeless appeals, 362 n.

Plea of not guilty by guilty defendant, 311 and note.

Right to be represented by counsel, 66-68, 311-313, 317-319.

ACQUIRING INTEREST IN LITIGATION, 574.

ACTOR,

Contrasted with advocate, 235-237.

ADMIRALTY BAR, 13, 21 n.

ADMISSION TO THE LEGAL PROFESSION, 43–66.

Barrister in England, 43.

Duty to keep out unfit candidates, 43.

Fraud in admission, 47, 48.

Lawyers in the United States, 46, 48.
Solicitor in England, 45.

ADVERSE INTERESTS,

See Conflicting Interests.

COST.LEG.ETH.

(585)

[The figures refer to pages]

ADVERTISEMENT BY LAWYERS,

See Committee on Professional Ethics of the New York County Law-
yers' Association; General Council of the Bar.

By barrister in England, 242, 243.

By lawyer in the United States, 241, 244-254, 580.

By solicitor in England, 244.

ADVICE,

See Ascertaining Facts; Coaching Witnesses; Evasions of Law.
Advising upon the merits of a client's cause, 368, 574.

Duty of giving honest advice, 234 n, 235 n.

ADVOCACY,

Ethics of, 208-240, 284-473.

How far a lawyer may go in supporting a client's cause, 576.
Lobbying, 537-543.

Nature of, 208-240.

Other than before courts, 537-543, 579, 580.

ADVOCATE,

See Arguments; Barrister; Duty to Serve, Lawyer's.

Advocate and actor compared, 235-237.

Advocate and expert witness compared, 235 n.

Advocate and interpreter compared, 231.

Advocate and judge compared, 231, 232.

Advocate and novelist compared, 236 n.

Advocate and political speaker compared, 233, 234, 235 n.

Assertion of lawyer's personal belief, 235 n, 309 n.

Duty of advocate to withdraw from unjust cause, 408-411.

History of advocates, 1-12.

Right of advocate to criticise another advocate for failure to withdraw
from case, 408-411.

Right of advocate to withdraw from case, 237, 238, 366, 367, 411, 521–523.
AFFIDAVITS,

See Committee on Professional Ethics of the New York County Law-
yers' Association; Disbarment and Suspension.

Lawyer as notary administering oath to affiant over the telephone, 552.
Preparing affidavits, care in, 418 n.

Using false affidavits knowing them to be such or recklessly, 417, 418.
AGENTS,

See Solicitation.

AGREEMENTS, 579.

Client repudiating, 457.

Lawyer repudiating oral stipulation, 456.

AMBIDEXTER, 376.

AMBULANCE CHASING, 273 n, 275, 276.

AMERICAN BAR ASSOCIATION,

Canons of Professional Ethics, 570-583.
Preamble, 570, 571.

The Canons, 571-582.

1. The duty of the lawyer to the courts, 571.

2. The selection of judges, 571, 572.

3.

Attempts to exert personal influence on the court, 572.

4. When counsel for an indigent prisoner, 572.

5. The defense or prosecution of those accused of crime, 572, 573

6.

Adverse influences and conflicting interests, 573.

7. Professional colleagues and conflicts of opinion, 573, 574.

8. Advising upon the merits of a client's cause, 574.

9. Negotiations with opposite party, 574.

10. Acquiring interest in litigation, 574.

11. Dealing with trust property, 574, 575.

12. Fixing the amount of the fee, 575.

[The figures refer to pages]

AMERICAN BAR ASSOCIATION-Continued,

13.

Contingent fees, 575.

14. Suing a client for a fee, 576.

15. How far a lawyer may go in supporting a client's cause, 576.
16. Restraining clients from improprieties, 576.

17. Ill feeling and personalities between advocates, 577.

18. Treatment of witnesses and litigants, 577.

19. Appearance of lawyer as witness for his client, 577.

20. Newspaper discussion of pending litigation, 577, 578.
21. Punctuality and expedition, 578.

22.

23.

24.

Candor and fairness, 578.

Attitude toward jury, 579.

Right of lawyer to control the incidents of the trial, 579.

25. Taking technical advantage of opposite counsel, agreements with
him, 579.

26.

27.

28.

29.

30.
31.

Professional advocacy other than before courts, 579, 580.
Advertising, direct or indirect, 580.

Stirring up litigation, directly or through agents, 580, 581.
Upholding the honor of the profession, 581.

Justifiable and unjustifiable litigations, 581.
Responsibility for litigation, 581, 582.

32. The lawyer's duty in its last analysis, 582.
Oath of admission, 583.

AMES, JAMES BARR,

See Table of Other Authorities.

ANCIENTS OF THE INNS OF COURT, 9 n.

ANGLIN, JUSTICE,

See Table of Other Authorities.

APPEALS,

Hopeless, 362 n.

Where client has no interest, 185 n.
APPRENTICES, 8 and note, 9 n, 11, 12.

AQUINAS, ST. THOMAS,

On advocacy, 220.

ARCHER, GLEASON L.,

See Table of Other Authorities.

ARGUMENTS,

See Civil Causes.

Arguments of counsel, 199–203, 463, 466-469.

Arguments for presumptions when counsel knows facts to be contrary to

presumptions argued for, 468.

Remarks of counsel, 463–467.

ARMSTRONG MURDER CASE,

Abraham Lincoln's course of conduct in, 352–355.

ASCERTAINING FACTS, 368–372.

ATTORNEY,

See Lawyers; Solicitors.

Attorneys at law in the United States, 27, 28.

History of attorneys in England, 3, 4, 11, 12, 18-20.

AUCTIONEERS,

See Committee on Professional Ethics of the New York County Law-
yers' Association; Fees and Rebates.

Rebates from, 518, 519.

BACON, THEODORE,

See Table of Other Authorities.

BALDWIN, SIMEON E.,

See Table of Other Authorities.

[The figures refer to pages]

BALLANTINE, SERJEANT,

See Table of Other Authorities.

Comment on defense of Tichborne criminal case, 408 n.
Comments on Charles Phillips, 326 n, 330 n.

Course of action in a robbery case, 314.

Course of action in Tichborne ejectment case, 408-411.
On confessions of accused persons, 321 n, 322 n.

BAR, THE, 9 n.

See Barrister; Lawyers.

History of the bar in England, 1-17.

Lawyers in the American colonies, 25, 26.

BAR ASSOCIATIONS,

See American Bar Association; Boston Bar Association; Chicago Bar As-
sociation; St. Louis, Bar Association of.

BAR COMMITTEE, 24.

BAR, GENERAL COUNCIL OF THE, 23, 24.
BAR OR RAIL, 9 n.

Casting over the bar, 115 n.

BARRATOR, 9 n.

BARRISTER,

See General Council of the Bar; Inns of Court.

Advertising by barristers, 242.

Agreement of barrister to take fixed fee for all cases, 481 n.

Agreement of barrister to take less fee than allowed on taxation, 479 n
480 n.

Agreement of barrister to wait for fees until received by solicitor, 482 n.
Answers to legal questions in newspapers and periodicals, 243.

Arbitration, unmarked fees at, 479 n.

Authority to practice, 9 n, 10 n, 46.

Barrister acting as spokesman of a deputation, 22.

Barrister and foreign lawyer, 49.

Barrister engaging in business, 258.

Barrister member of colonial law firm, 22.

Barrister recommending another barrister as his leader or junior, 163 n.
Briefs, obligation to accept, 67.

Called to the bar, 43.

Change of address by barrister, 242, 243, and note.

Collective briefs, Brewster sessions, 479 n.

Commissions or presents from barristers, 257.

Conferences at solicitor's office, 23.

Counsel advising on case submitted by colonial advocate, 23 n.

Counsel as witness, 448.

Courts-martial, 23.

Damages, mentioning in court amount claimed, 464.

Devilling and other matters, 14 n.

Fees to barrister's clerks, 258.

History of barristers in England, 1-17.

Improper questions about leaders, 163 n.

In practice, 13-17.

Junior brief to junior leader, 15 n.

Member of colonial law firm, 22.

Names of counsel giving opinion, publication of, 243.

Necessity of instructions by solicitor, 20, 21, and note, 22, 23

Necessity of robing, 16 n.

Negligence, not liable for, 36 n.

New trial, mentioning previous trial to the jury, 464.

Non-contentious business, 23.

Non-contentious retainer, annual payment, 23.

Not liable for negligence, 36 n.

Origin of word "barrister," 8 n, 9 n.

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