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WM. R. VANCE, Yale University Law School, General Editor Administrative Law, 2d ed.-By Ernst Freund, Professor of Law, University of Chi

cago. Admiralty-By George DeForest Lord, Lecturer on Admiralty, Columbia University,

and George C. Sprague, Assistant Professor of Law, New York University. Agency, 2d ed.-By Edwin C. Goddard, Professor of Law, University of Michigan. Bankruptcy-By William E. Britton, Professor of Law, University of Illinois. Bills and Notes, 2d Ed.-By Howard L. Smith, formerly Professor of Law, Univer

sity of Wisconsin, and Underhill Moore, Professor of Law, Yale University. Carriers, 2d Ed.-By Frederick Green, Professor of Law, University of Illinois. Conflict of Laws, 2d Ed.-By Ernest G. Lorenzen. Professor of Law, Yale University. Constitutional Law, with Supplement-By James Parker Hall, late Dean of Univer

sity of Chicago Law School. Contracts-By Arthur L. Corbin, Professor of Law, Yale University. Corporations, 2d Ed.-By Harry S. Richards, late Dean of the University of Wis

consin Law School. Criminal Law, 2d Ed.-By William E. Mikell, Professor of Law, University of

Pennsylvania Law School. Criminal Procedure-By William E. Mikell, Professor of Law, University of Penn

sylvania Law School. Damages-By Judson A. Crane, Professor of Law, University of Pittsburgh. Domestic Relations—By Joseph W. Madden, Professor of Law, University of Pitts

burgh. Equity-By Walter W. Cook, Professor of Law, Johns Hopkins University, 3 vol

umes. Equity-By Walter W. Cook, Professor of Law, Johns Hopkins University, one vol

ume edition. Evidence-By Edward W. Hinton, Professor of Law, University of Chicago. Federal Jurisdiction and Procedure-By Harold R. Medina, Associate Professor of

Law, Columbia University. Future Interests—By Richard R. Powell, Professor of Law, Columbia University,

assisted by Lewis M. Şimes, Professor of Law, Ohio State University. Insurance-By William R. Vance, Professor of Law, Yale University. International Law-By Manley 0. Hudson, Professor of Law, Harvard University. International Law-By James Brown Scott, Lecturer on International Law at the

School of Foreign Service, Georgetown University. Legal Ethics-By George P. Costigan, Jr., Professor of Law, University of Cali

fornia. MortgagesBy James L. Parks, Dean of the University of Missouri Law School. Oil and Gas-By Victor H. Kulp, Professor of Law, University of Oklahoma. Partnership-By Eugene A. Gilmore, formerly Professor of Law, University of

Wisconsin, with Supplement by William É. Britton, Professor of Law, Uni

versity of Illinois. Pleading (Code)-By Archibald H. Throckmorton, Professor of Law, Western Re

serve University. Pleading (Common Law)-By Clarke B. Whittier, Professor of Law, Stanford Uni

versity, and Edmund M. Morgan, Professor of Law, Harvard University. Practice (Trial)-By James P. McBaine, Professor of Law, University of California. Procedure (Civil)-By Roswell Magill, Professor of Law, Columbia Univer

sity. Property (Future Interests)-By Albert M. Kales, late of the Chicago Bar. Property (Personal Property)-By Harry A. Bigelow, Dean of the University of

Chicago Law School. Property (Rights in Land)—By Harry A. Bigelow, Dean of the University of Chi

cagó Law School. Property (Titles to Real Property)-By Ralph W. Aigler, Professor of Law, Uni

versity of Michigan. Property (Wills, Descent and Administration, 2d Ed.)—By George P. Costigan,

Jr., Professor of Law, University of California. Public Utilities-By Young B. Smith, Dean of the School of Law, Columbia Univer

sity, and Noel T. Dowling, Professor of Law, Columbia University, with a chapter on Rates, by Robert L. Hale, Lecturer on Legal Economics, Columbia

University. Quasi Contracts-By Edward S. Thurston, Professor of Law, Harvard University. Sales, 2d Ed.--By Frederic Woodward, Professor of Law, University of Chicago. Suretyship-By Stephen I. Langmaid, Acting Professor of Law, University of Chi

cago. Torts—By Charles M. Hepburn, Professor of Law, University of Indiana. Trade Regulation-By Herman Oliphant, Professor of Law, Johns Hopkins Univer.

sity. Trusts-By George P. Costigan, Jr., Professor of Law, University of California. WEST PUBLISHING CO.

ST. PAUL, MINNESOTA C19452-1

ON

LEGAL ETHICS

BY

GEORGE P. COSTIGAN, JR.

PROFESSOR OF LAW IN NORTHWESTERN UNIVERSITY

AMERICAN CASEBOOK SERIES

WILLIAM R. VANCE

GENERAL EDITOR

ST. PAUL

WEST PUBLISHING COMPANY

COPYRIGHT, 1917

BY
WEST PUBLISHING COMPANY

(Cost.LEG:ETH.)

The first of the American Casebook Series, Mikell’s Cases on Criminal Law, issued in December, 1908, contained in its preface an able argument by Mr. James Brown Scott, the General Editor of the Series, in favor of the case method of law teaching. Until 1915 this preface appeared in each of the volumes published in the series. But the teachers of law have moved onward, and the argument that was necessary in 1908 has now become needless. That such is the case becomes strikingly manifest to one examining three important documents that fittingly mark the progress of legal education in America. In 1893 the United States Bureau of Education published a report on Legal Education prepared by the American Bar Association's Committee on Legal Education, and manifestly the work of that Committee's accomplished chairman, William G. Hammond, in which the three methods of teaching law then in vogue—that is, by lectures, by text-book, and by selected cases—were described and commented upon, but without indication of preference. The next report of the Bureau of Education dealing with legal education, published in 1914, contains these unequivocal statements:

“To-day the case method forms the principal, if not the exclusive, method of teaching in nearly all of the stronger law schools of the country. Lectures on special subjects are of course still delivered in all law schools, and this doubtless always will be the case. But for staple instruction in the important branches of common law the case has proved itself as the best available material for use practically everywhere. * The case method is to-day the principal method of instruction in the great majority of the schools of this country."

But the most striking evidence of the present stage of development of legal instruction in American Law Schools is to be found in the special report, made by Professor Redlich to the Carnegie Foundation for the Advancement of Teaching, on "The Case Method in American Law Schools." Professor Redlich, of the Faculty of Law in the University of Vienna, was brought to this country to make a special study of methods of legal instruction in the United States from the standpoint of one free from those prejudices necessarily engendered in American teachers through their relation to the struggle for supremacy so long, and at one time so vehemently, waged among the rival systems. From this masterly report, so replete with brilliant analysis and discriminating comment, the following brief extracts are taken. Speaking of the text-book method Professor Redlich says:

“The principles are laid down in the text-book and in the professor's lectures, ready made and neatly rounded, the predigested essence

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