Cornell University Law Library. 
 
 ^iiri^y^^^a^ /t^^^^ 
 
 THE GIFT OF 
 
Cornell University Library 
 KF 306.Z9H89 
 
 Ethics of the practice of the law ... 
 
 3 1924 018 775 175 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924018775175 
 
19 9 f 
 
 Ubc Dads tRecort Co., ©tint 
 3SaItimoce, flD6. 
 
letbics of tbe 
 practice of tbe Saw 
 
 presentcS to 
 
 ■fflattb Compliments of 
 
 Entered according to Act of Congress in the year 1909 by Thomas Hughes, 
 the author, in the office of the Librarian of Congress at Washington 
 
PREFACE 
 
 The writer of the following jjages graduated in law at 
 the University of Virginia, receiving the degree of B. L. 
 in June, 1872; was admitted to practice law by the 
 Supreme Bench of Baltimore City in September, 1872; 
 by the Court of Appeals of Maryland in October, 1872; 
 and by the Supreme Court of the United States in the 
 Fall of 1875, and since his first admission to the Bar in 
 1872 he has practiced continuously before the Courts of 
 Baltimore and the State of Maryland to the present time 
 (1908), as well as having tried cases in the Courts of 
 other States and in the Supreme Court of the United 
 States, giving his personal attention to his professional 
 duties continuously since his admission. 
 
 He became a member of the Bar Association of Balti- 
 more City on the date of its formation, December 26th, 
 1879, and has served as a member of the Committee on 
 Admi ssions of that association for three years, the last of 
 the three as chairman of that committee. He also became 
 a member of the American Bar Association in 1886, and 
 of the Bar Association of the State of Maryland in 1903, 
 and has continued a member of these three Associations 
 from the dates of his admission to each respectively until 
 the iDresent time. On his initiative the Bar Association of 
 Baltimore City adopted the code of legal ethics previously 
 adopted by the State Bar Association, and it was on his 
 motion that the code was with slight amendments adopted 
 on April 7th, 1903, by the City Bar Association. 
 
He is not conscious of ever during the whole of his 
 thirty-six years of practice having deviated from the 
 courtesy and just consideration due to tlie Courts, to 
 counsel, or to others. 
 
 He has taken the liberty of bringing to the attention 
 of the reader the above personal matters only as some 
 justification for writing the following paper on the ethics 
 of the practice of the law. 
 
letbics of tbe ipractice of tbe Xaw 
 
 A Code of Ethics for practicing lawyers having been 
 adopted by so many Bar Associations in this country, 
 there is thiis sanctioned a set of rules which every gentle- 
 man in his intercourse with others would likely by instinct 
 and training have conformed to without being obligated 
 to memorize the formulas which embody such. Hence in 
 the following pages I have only gratified the inclination 
 to illustrate in a natural way some of the pi'inciples of con- 
 duct that will appeal to those who are engaging in the 
 practice of law — what is said does not profess to be 
 .didatic, but is written in a wish to entertain the reader in 
 setting forth ethical questions confronting a lawyer in 
 the practice of his profession. 
 
 It can never be lost sight of that one adopts the pro- 
 fession of law to engage in its practice, and that sensible 
 ethical rules should be proposed for the advancement of 
 the lawyer as a necessary factor in promoting the welfare 
 of the community. 
 
 A professional life will provide interesting reading, 
 dull though may be the customary routine of its plodding- 
 work. Indeed, even a toiling day cannot be a fruitless 
 field to a careful observer, and one may emerge from its 
 tasks with convictions not less chastened from the contest. 
 One can acquire more or less clearly certain conceptions 
 that may appear as truths. In obtaining a better knowl- 
 edge of human nature one will have a more hopeful opin- 
 ion of its operations. If he is convinced that society 
 should have been constructed upon the principle that the 
 law of self-preservation is more etfectually to be secured 
 by furnishing to each the incentive to zealously labor for 
 his neighbor, and thereby be a participant himself in the 
 
 (5) 
 
6 
 
 results of sucli a system, lie will conclude that the world 
 may possibly be slowly drifting along in that direction; 
 and that many persons whose creed this is, do in fact 
 aspire to, in some degree at least, practice homiletic theo- 
 ries. The choice of an occupation is so seldom the result 
 of deliberate, judicious selection, that not in a few in- 
 stances it may be said that a grotesque notion is his who 
 enters upon a career in law. Assume a careful education 
 and a college degree — and then well-inculcated legal 
 studies, with a law-school diploma, and the aspirant for 
 legal activities will ordinarily regard the peculiar merit 
 he possesses entitled to attract occupation and commen- 
 surate reward. If the reward is slow, as may be likely^ 
 he will ponder the cause and desire to seek its solution 
 in the experience of others who may have traveled the 
 route he now would pursue. An account of what has come 
 under the observance of one who has pursued that route, 
 coupled with unbiased criticisms, may furnish some aid iri 
 that respect. Viewed by him who decides to study for the 
 legal profession, the latter is usually a closed book, for a 
 discussion on the motives leading thereto will in each 
 instance likely prove a clear misconception of the nature 
 of the reward that is sought. The quiet contemplation of 
 listening to statements of a law case, with a few questions 
 and some slight criticisms, do not, as might appear, 
 bespeak ease and leisure, nor does the confounding of a 
 witness or the convincing argument in a trial mean a 
 great pecuniary reward or a glorious reputation from 
 cotemporaries. 
 
 Strong nerves and a j^oung heart make the prospect in 
 life eminently cheerful, the vanity of the struggle being 
 as yet relegated to the keeping of the aged. What brighter 
 career to be pictured than the practitioner full of the joy- 
 ous inexperience of youth, strong in contidence, in skill 
 yet untried. 
 
 Schooled with a care, perhaps unusual, the novitiate 
 enters to engage on a career in which no visions appear 
 other than pleasing. To each may be assigned some 
 motive that excites the desire to engage in liis chosen 
 
profession, a motive born likelj^ of immaturity and inex- 
 perience, but backed by the powerful influence of the 
 unknown, impelled by visions that may scarce be realized, 
 and if realized, fraught surely with trials and tribulations. 
 This motive when analyzed is to be referred with 
 little deviation to the not overengaging one each possesses 
 of a desire simply for personal advancement. Few are 
 those that use discretion, judgment and deliberation in 
 selecting a profession. Not a fcAv are they, however, who 
 feel a perfect ability to make such selection — a selection 
 often with no reference to any previous training, present 
 capacity or future usefulness. No greater motive resides 
 in human hearts than a desire for public esteem. Than 
 this is nothing more powerful, even the desire of wealth. 
 A candidate for the Priesthood is never unconscious of 
 that deference and consideration extended to the good 
 parson; one who aspires to the art of the physician does 
 not fail to see the regard and tender affection with which 
 the family doctor is considered, and no one can fail to 
 notice the opportunities for power and influence open in 
 the pursuits of the lawyer. Left to his own decision, man 
 consults his nature in desiring that occupation which he 
 conceives most conducive to his success. Success as it 
 furnishes his advancement, his advancement as it assures 
 him the esteem and regard of the community around him. 
 Every biographical history will undertake with pleasing 
 accuracy to detail the events of the child, and thus foretell 
 the career he is to attain to. Enamored of his subject, a 
 writer will discern in the traits which all children possess 
 in common those qualities of heart and mind which are to 
 secure him future eminence. It is flattering to conceive 
 in the child who is merely stubborn that great determina- 
 tion of character that is often confused in analyzing char- 
 acter, or in the stupid child that great integrity of purpose 
 that lacks versatility, just as selfishness might mean to 
 some a possession of power and authority, and a display 
 of personal vanity a desire to advance the interests of the 
 public. But, however interesting the events of childhood 
 may appear to the biographer, they may be all likely 
 
8 
 
 relegated to commonplace occurrences, for children are 
 born, reared, attend school, are praised and cliided, have 
 ailments, pleasures, and ultimately reach the point where 
 one is segregated from the masses. So that, however 
 eminent any reader of this may expect to become as a 
 great lawyer, he need scarcely worry himself in preserv- 
 ing for his future biographer any reminiscences of what 
 are likely in any long life to constitute its happiest period. 
 
 One evening in 1871 1 was sitting in a passenger coach 
 going from Baltimore to Washington. Only one other 
 person was aboard. He was a little man a^d sat on my 
 iside of the car, a few seats ahead, reclining in the most 
 restful attitude, indicating in bearing and expression 
 extreme complaisance. Added to his consequence was the 
 deference of the conductor, who heard him announce his 
 name and then passed on to me. Shortly afterward came 
 the baggage agent, who with deference collected the little 
 man's checks for his trunks. I have no idea how I knew 
 my fellow-traveler as the eminent lawyer of that time. I 
 had never before seen him, though often since, but his 
 complaisance, self poise and absolute bearing of inde- 
 pendence, with possibly the impressions I noticed on the 
 conductor and baggage agent, decided me on the selection 
 of the law as my profession. Viewed now in the light of 
 subsequent experiences, it is likely that what suggested 
 as the possession by my ideal of importance and power 
 was really the manifestations of a dull, monotonous aad 
 laborious life, absorbing of mental and physical vigor, 
 with a pecuniary recompense so commensurately inade- 
 quate as to sober absolutely the temper and disposition. 
 
 Whatever the motive in selecting the legal profession, 
 whether a feeling that it is a gentleman's occupation, 
 whether a desire for public notoriety or whether a yearn- 
 ing for political preferment, it can in each case be truth- 
 fully asserted that the aspirant for legal honors is abso- 
 lutely unaware of the paths he will have to tread, as well 
 as the fate to befall him. 
 
 The writer, completely innocent of all knowledge of a 
 lawyer's career or associations, with the simple concep- 
 
tion formed to adopt this profession, but no ties of any 
 sort to enlighten as to the way, it was natural to turn to 
 the law school for preparation. Before the Givil War 
 there was no mental debate in a Southerner's mind as to 
 the university he Avould attend. All young men of means 
 with a recognized social status who did not go abroad 
 went, of course, to the only real university then in the 
 South. It was the ambition achieved of all who under 
 pecuniary straits could complete their training there, and' 
 a degree either in law or medicine obtained there secured 
 recognition .of effectual equipment for a start in one's pro- 
 fession. 
 
 This general acknowledgment of the status of the first, 
 university in the South existed for a great many reasons ; 
 it had originated at the conference of many public men, 
 in which three former Presidents of the United States 
 took a prominent part. It was founded upon a system of 
 government for its students in which their sense of self- 
 respect and honor alone were relied upon. And it was 
 launched and maintained with men as its teachers who 
 were recognized in the educational world as distinctively 
 representative men in their several departments. It had 
 thrived and grown in strength for near forty-five years 
 when the Civil War arrived, and when that struggle was 
 over it reinstated its authority and influence, so that now 
 the sons and grandsons of its earlier students were attend- 
 ing the same lecture halls, living in the same quarters, 
 roaming over the same walks and fields and viewing the 
 same scenery as their fathers and grandfathers did before 
 them. 
 
 Titles were always quite as liberally bestowed in Vir- 
 ginia as in other parts of the South, and Colonels were so 
 numerous among the better class, that one could no more 
 readily assign a military origin to their possessors than 
 one could the title of Captain, by which they were called, 
 be assigned to the army of sail or steamboat masters and 
 railroad conductors. So that when I appeared in the little 
 room on what is known as "West Eange" at the Univer- 
 sity of Virginia and introduced myself to the proctor I 
 
10 
 
 was in a quandary whether the title of Colonel, by which 
 he was addressed, was incident to his office or had been 
 earned in military life. The proctor understood his busi- 
 ness pretty well. It was no doubt a mental diversion to 
 him, furnishing interesting variety to extract from the 
 applicant the few dry facts of his age, name, residence 
 and the intended studies, to determine from these and his 
 personal inspection just what kind of assignment he 
 should be furnished for his room and boarding place. In 
 my case he proposed, for some reason known only to him- 
 self, to make it exceedingly interesting by informing me 
 that there was only one room vacant in the University. 
 This room was one in a little house off to itself on the out- 
 skirts of the University. He created an uneasy anticipa- 
 tion on my part by stating that the students assigned to 
 it seemed to have an unreasonable prejudice against it 
 without the slightest foundation therefor, and that I 
 would be exceedingly comfortable and enabled to devote 
 my attention to study, unaffected by the distracting noises 
 and confusions to which the students in the larger houses 
 were subjected. I accepted my assignment of quarters 
 with plenty of doubt as to the enjoyment of that happi- 
 ness promised me by the contriver of this arrangement, 
 and in my eagerness to fully enter on my University career 
 hastened to the place selected as my future home. One 
 look satisfied me that I could not in my isolation, as the 
 occupant of that place, expect to be exceptionally popular 
 with my fellow-students. The implicit reliance of youth, 
 however, upon the truthfulness of my mentor recalled to 
 me the fact that this was the only vacancy existing, and 
 I bravely reconciled myself, arguing that the situation 
 might not present itself to others in the bad light I viewed 
 it, and I must, if need be, accept the ostracism that 
 attached to the occupant of that room in order to enter 
 upon my student life. The preliminary work of domicil- 
 ing myself having been accomplished, I started to deliver 
 my letters of introduction to the various professors to 
 whom they were addressed. I soon discovered that such 
 letters were not recognized by the older students as desir- 
 
11 
 
 able or promising features to induct one into University 
 life, and as students are usually good judges of what 
 promotes success, I had a misgiving as to the fate that 
 might befall me from \nj letters. I soon found, however, 
 that their consequences depended as much upon the char- 
 acter of the writer as upon the character of the person 
 addressed, and that what might ordinarily be regarded as 
 an intolerable bore in having thrust upon a professor's 
 notice a student distinguished from the others alone by a 
 letter of introduction, would in the case of some other 
 professor be recognized as a gratifying appeal to his sym- 
 pathy; and these disdained mediums of acquaintance 
 became in many instances distinctively gainful. As the 
 surroundings gradually became familiar I was not wholly 
 oblivious to the innumerable vacancies in various parts of 
 the University, and my situation was not rendered hap- 
 pier by the reception the older students accorded the 
 announcement of my location until finally my decision was 
 re'ached upon an older friend informing me with hearty 
 frankness that I must vacate that place, that the proctor 
 was invariably trying to foist upon some new students. 
 Instinctive preservation had induced me to obtain from 
 my friend the proctor an assent that I should vacate this 
 favorite assignment of his if I could better myself, and 
 as the Eange vacancies were controlled by him, it never 
 occurred to me that he would recede from this statement 
 that my assignment had been the sole remaining vacancy 
 he had, so that perforce I sought to find a location in one 
 of the several student boarding houses outside of the 
 University grounds. 
 
 At the period in question — 1872 — there were but two 
 of these, one j)resided over by a physician who combined 
 with this pursuit that of a students' book store and gave 
 to himself a distinction in the esteem of students by 
 refraining in favor of his subordinates from any personal 
 concern with his mercantile pursuits and arrogating to 
 himself the dignity and respect of his medical title that 
 each one soon became conscious he possessed. This 
 gentleman constituted himself in his book store the stu- 
 
12 
 
 dents' older companion, and tlie degree of pleasure he 
 extracted from the easy personal intercourse with the 
 students was an assurance that his table and boarding 
 place was the aristocratic quarter where it was a privilege 
 to enter. 
 
 The other hostelry was presided over by a widow. Her 
 boarders, some fifty, came from all parts of the United 
 States. One of the greatest worries in a business is the 
 uncertainty of earnings varying with circumstances and 
 the degree of attention. How this was modified when a 
 fixed price per month was the unvarying revenue from 
 each student and the only uncertainty was whether, with 
 everything furnished — food, service, lodgings, etc. — the 
 vigorous appetites of healthy students left any surplus. 
 This can only be answered in that this lady ceased to do 
 business there after a few years. At this last place two 
 former school friends of mine resided, and when the deci- 
 sion to change my quarters finally came late the second 
 evening I went direct from my unpleasing abode to my 
 friends' room and detailed, greatly to their enjoyment, 
 my unhappy predicament. They heartily entered into the 
 spirit of helping me, and I was taken forthwith and intro- 
 duced to the landlady, who, with a professional instinct 
 as to the true situation, announced that she had also had 
 but one vacancy, premising by saying she was afraid it 
 Avould not suit me, as it had been occupied the previous 
 year by two students who had failed in their examina- 
 tions. That, in addition, as it was an exceedingly sunny, 
 bright, cheerful room, she was reserving it there to keep 
 her geraniums and flowers for the winter, but if I thought 
 it would suit and I was willing to pay a price per year she 
 named, which was just double the usual price for one 
 person, she might give it up. Although only too eager to 
 accept, I determined this time to first inspect. As it 
 appeared just as she described and as the fate of my two 
 predecessors in this room did not deter me, I eagerly 
 closed with my thrifty landlady. 
 
 I continued to keep a watch on my first assignment of 
 quarters for months afterward to see what befell it, but 
 
13 
 
 whether my friend the proctor gave up with me or whether 
 he contimied to describe its pleasures to future applicants, 
 I know not, except that the helplessness of the situation 
 evidently became so desperate that subsequently it was 
 transformed into a laboratory room. 
 
 This was the introduction to the training intended to 
 fit one for a professional career, and at the end of the 
 eight months' session I was awarded that degree iri law 
 conferre'd upo-n those who completed the course laid out 
 therefor. 
 
 Conditions will never likely again exist at that law 
 school as they existed shortly after the Civil War, the 
 period I allude to. 
 
 The lawyers then sent forth are now retiring from 
 active life, giving place to younger men fully equipped 
 with all a finished classical and professional course can 
 provide, but at that time few of the law students had 
 enjoyed a classical education, the four years of the Civil 
 War had sadly interfered, so that while to some had been 
 extended limited opportunities for such classical training, 
 to others all they had to show was a service and experi- 
 ence acquired through the campaigns and fighting of that 
 period, and, while the gentlemen who now emerge from 
 the University Professional School are generally youths 
 whose career until then have been confined to school and 
 college, then the law students and graduates were usually 
 men of mature years, often with families to care for, and 
 many of them with titles earned in military life. These 
 same men, too, showed the effects of their hard war expe- 
 riences, for, with rugged and thin visages, many had been 
 compelled to exercise undue economy to attain the educa- 
 tion needed to prepare for their chosen profession. So 
 that scant food in private boarding clubs and well-woni 
 clothes rendered their student life one for philosophical 
 consideration. 
 
 My graduation degree in law of B. L., secured in a ses- 
 sion's work, added to a previous college graduation,^ 
 secured after two years, entitled their possessor, so he fan- 
 cied, to sufficient regard that professional employment 
 
14 
 
 •n-ould be enjoyed in certainly some small part, and with 
 this conception I entered upon the selection of my location 
 for practice. 
 
 The selection of an office will constitute the lawyer's 
 first engagement. Here he will dwell day by day, reflect- 
 ing over the present and the future, visiting and visited 
 b}' his contemporaries in the law, hoping for clients and 
 professional employment. 
 
 The character of the office will depend upon his re- 
 sources. With no income, he will be furnished a problem 
 to secure the best in location and attractiveness for the 
 least outlay, and ever}' expenditure will be counted with 
 doubled caution. The furnishing will likewise be a sub- 
 ject of anxious thought — how many chairs and the style, 
 second-hand or new, and the same as to stove and the 
 table. 
 
 Some bought and some perhaps borrowed. Even the 
 sign will create a struggle between economy and show. 
 Qlie same influence will reach the stationery and stamps. 
 Office boys and typewriters are luxuries for the older prac- 
 titioners. Books and law reports are not dreamed of. En- 
 tire dependence is placed upon the public law library, and 
 the fee for this will be a problem. Janitors are necessary 
 in cold weather, for fires are to be made, but the floor will 
 wholly remain unswept and the furniture undusted in the 
 months fires are no longer needed, for the janitor's regu- 
 lar stipend adds to the many other unwelcome demands. 
 
 The question of food and clothes and shelter will con- 
 front the beginner in a most uncomfortable manner, for 
 the money he is accustomed to spend for such necessaries 
 seems to go as of course, and yet whence it is to come is a 
 matter of anxious moment. He fain may seek shelter in 
 a way to be sparingly alluded to in after years, and the 
 garret or couch in one's office may be not ignored. As to 
 I'lothes, such, with care, can be carried along from year to 
 year, and food can be reduced to a system of economies 
 ihat will produce surprise as well as health and vigor. 
 But these experiences are not the exclusive enjoyment 
 -of beginners in professional life, but, like the blessings 
 
15 
 
 of spiritual aid, fall to each and all alike in our civilized 
 society as now constituted, unless the novice is sustained 
 by wealthy parents or an inheritance. So that, whether 
 the agonies of the cheap boarder be endured or the won- 
 drous experience of the lunch counter, it requires no intro- 
 duction into a profession to record the trials that beset 
 those who enter the struggle for worldly advancement. 
 The smaller details of comfort and appearance require 
 some outlay, and where the means are to come from will 
 monopolize the attention to that extent that altogether 
 life will become interesting enough. During this j^eriod 
 the fond expectation of parents or near relatives or friends" 
 will be voiced in little sage suggestions intended to pro- 
 mote the general result — and success will ultimately come 
 in some shape to one who is a miracle of patience, of appli- 
 cation, of industry and of learning. Before this period 
 arrives any one or more of numerous expedients may be 
 seized upon to help. Any employment in the line of one's 
 profession is looked upon as a grateful blessing. And 
 with the whole soul and heart involved in the outcome, no 
 etfort, however rash and untried, will appear without 
 hope. There is no great difference in the experience each 
 and all enjoy in the start. Months of waiting may roll 
 into one, two, or even three j'ears, with some trivial eui- 
 jjloyment or account to collect, a deed or legal contract 
 to write, a matter of advice, or even some petty magis- 
 trate's case will furnish the scope of service; and when 
 ultimately a retainer is conferred for some case in court 
 the beneficiary will believe he has finally entered upon 
 that stage when he is to reap the reward of a recognized 
 professional status. 
 
 When a prospective client enters one's office to engage 
 his services in some litigation the thrill of joy will only 
 be equaled by the nervous solicitude one will with great 
 difficulty refrain from displaying over the event. And 
 the amount of labor and study devoted to the preparation 
 and trial will be such as would appall him who endeavored 
 to adjust the proportion between labor and reward. 
 
 If you escape some crudity or immature exposition 
 
16 
 
 you will feel lucky at your fate, and if the result will be 
 as you thought, happ}^ may you be at the good grace to 
 befall you. Your career at the start will presumably 
 attach you, even if only in some mild measure, to an older 
 practitioner to whom you will defer in little points of 
 direction and practice, for as it is the custom to be 
 admitted to the bar of the court through the introduction 
 of one already a member, and as you naturally solicit for 
 this service that gentleman to whom you have ready 
 access, so the same person you will be apt to regard as 
 your mentor in times of trouble, and peace and joy will 
 abide with that youth who has not misplaced his confi- 
 dence in such friend. A word here and a word there may 
 be as grains of gold to the novice, and patience and solici- 
 tude in even some slight degree will return in blessings 
 to him who has not overlooked the disparity between 
 youth and experience. If you locate with your advisor 
 and conceive you are under the shade of benign influence 
 from which you expect only blessings, you will be fortu- 
 nate in a high degree if your faithfulness will secure some 
 tender consideration in the burdens you will carry. This 
 experience may constitute the portal through which you 
 pjass from the comrade student life to the cold, stubborn 
 and apparently heartless contest for advancement. The 
 hitterness of this is to the youth as nothing. Strength, 
 hope, anticipation alone prevail. When fairly launched 
 on the legal career, confronting you will first be a propo- 
 sition whether to fight singly or with one or more in part- 
 nership. This question will likely be considered from 
 the standpoint of expense, not profit; the first is sure, the 
 latter uncertain. A not unimportant element in weighing 
 this question will be the future prospect, and this pros^ 
 peet, of course, is going to depend on so many considera- 
 tions that only your inexperience is what will enable you 
 to decide it to your satisfaction. The advice of unworldly 
 relatives will, no doubt, first be solicited as to this, and 
 they will enjoy the pleasing duty of aiding you in this 
 conclusion. If you select to be a partner of some other 
 young practitioner, there will be the customary maneuver- 
 
17 
 
 ing as to tliis. You may treat with tlie indifference of 
 some grande dame the advances of one who may be per- 
 sona non grata to come ultimately to the conclusion that 
 perhaps wisdom will suggest the prudence of a more defer- 
 ential regard, and if you finally believe that this points 
 the way to promised success, you will soon be involved in 
 the details of an alliance that will be wholly ideal, at least, 
 in freedom from immediate practical results. Like a more 
 solemn tie to be contracted later in one's career, happiness 
 and success will very much turn on the mutual esteem 
 and consideration each partner extends to the other ; espe- 
 cially will this be true if the alliance will not only embrace 
 professional work, but, in addition, various domestic fea- 
 tures. Forever confronting one is the need of economy, 
 which will suggest an extension of the partnership to the 
 more intimate personal needs. If the partnership shall 
 comprise two it will be quite easy and natural to extend 
 it to a bedroom in common, but with often the fate that 
 hefalls those who are too closely allied, and he may dis- 
 cover that too much intimacy can impair that deferential 
 regard needed for professional success. 
 
 The eager yearning for employment which dwells in 
 the heart of him who has launched on his professional 
 career will suggest divers expedients to advance this, and 
 he maj" assiduously cultivate the good graces of friends 
 and acquaintances who, while extolling his energy in this, 
 will Avith entire impartiality ignore his advances, waiting 
 until the young lawyer is tried before trying him. 
 
 He may even attempt some imgracious task like, for in- 
 stance, forming a building association, the only agency 
 for the loan of money that is without commensurate re- 
 ward to its legal representative, and he will be lucky if he 
 has read to him a lecture on the usual history of such 
 efforts. He may likely thereby be saved the opportunity 
 of that drudgery which pertains to the life of a small 
 conveyancer and examiner of titles, with a devotion to 
 the legal field and associations of such. 
 
 The lack of this drudgery, however, will leave oppor- 
 tunity for ample efforts in other directions, and he may. 
 
18 
 
 perhaps, expend some energy and precious money on 
 fruitless advertising. As preliminary to this he will likely 
 harass some of the more prominent friends of his family 
 by soliciting the use of their names as references, and 
 these futile efforts for professional employment may con- 
 tinue until one or two more years of barren results and 
 pecuniary exhaustion may produce a condition of despera- 
 tion only to be neutralized hj some desperate remedy. 
 For a meager revenue, insufficient to pay, perhaps, even 
 office rent, with well-worn clothing and scant food, coupled 
 with unswerving but futile efforts, will finally bring one to 
 the consciousness of the need of a miracle. Every known 
 method vainly exhausted for securing professional em- 
 ployment, the passing of years in deferred hope, if it does 
 not break the suffering spirit, will suggest desperate expe- 
 dients to him who seeks success. Of all the desperate 
 expedients that could be suggested to one in this condi- 
 tion, what more appalling than that of assuming a new 
 obligation in life, as is too often the fate of the young 
 lawyer — the obligation to provide for the comfort and 
 happiness of another who will be ^called upon to share the 
 future joys and sorrows of this partnership. And yet this 
 in the course of nature will be one of the first thoughts to 
 occur to him who has plodded along someyears on the way. 
 If he induce another possessing enough courage to enter 
 upon this arrangement, only dire disaster will be escaped 
 through the sharpened wits of the new responsibilities. 
 
 Now, a curious paradox will arise here. The depths 
 of despair suggest the need of companionship, but the 
 aid of such is going to be secured only when the condition 
 is bettered. Thus springs up a new incentive for profes- 
 sional work and advancement. How is this result to be 
 secured? 
 
 You need entertain no surprise at the various notions 
 one's acquaintances associate with the business of a law- 
 yer. Every trouble hard to solve, if it be over property, 
 or over rights or wrongs, real or imaginary, suggests the 
 lawyer, so there gravitates toward this agency for trans- 
 acting worldly business many novel propositions, a not un- 
 
19 
 
 <3ommon one is the application to sell property, and our 
 friend, who tlirougli added responsibilities is now imbued 
 with a new hope in life, will no longer hold aloof from 
 other than strictly technical professional work, but will 
 eagerly avail of all offers in the line of the profession 
 that will add to income. He will wonder how one matter 
 suggests another, for a sale of real estate will not unlikely 
 lead to the drafting of the deed and an examination of 
 title. Before he is conscious of the change his enlarged 
 field of mental vision, his activity over practical matters 
 and his incisive energy will reap fruits previously un- 
 dreamed of. No diffidence will longer retard in the prose- 
 cution of some difficult question. All barriers disappear 
 and in an incredibly short while he finds himself prepared 
 to enter upon a new stage in his career. 
 
 The association of partners for the practice of the law 
 may be secured through the exercise of some diplomacy, 
 but the latter fades beside the course of a lawyer who is 
 intent to add to his trials and tribulations in life. Ani- 
 mated with such thoughts, lightness of heart and joy of 
 work are as nothing ; the earnings, heretofore so scant and 
 so precious, flow unrestrained. Time is of small moment, 
 and the eagerness to begin life on a higher and different 
 jjlane leaves nothing comparable to it. 
 
 When eventually launched, the practice of law assumes 
 a new phase. Previously it was a dignified waiting for 
 something to turn up and a strict determination to adhere 
 to the reserve of professional etiquette; now, however, 
 activity takes the place of waiting and etiquette is closely 
 observed by availing of every proper and legitimate op- 
 portunity for advancement. As your responsibilities in 
 life increase, proportionately will also increase your en- 
 ergy and acumen, until ultimately you will attain that 
 jjleasing state of success as to excite the envy of your less 
 laborious and less prosperous contemporaries. 
 
 At the commencement of this legal career several 
 months of exi)ectancy, assiduous cultivation of all friends 
 that could be reached, eager qui vive for any development, 
 finally may bring a modest result. In my case my shoe- 
 
20 
 
 maker, who lived in a litle side street, had unwittingly 
 trusted a minor who was a butcher's boy for a pair of 
 boots, the cost of which was nine dollars. The bill he 
 offered to me for collection, and if successful my charge 
 w^as to be 10 per cent. I eagerly undertook the job, and 
 when the nine dollars was gotten from the butcher's boy 
 my firm fee of ninety cents I shared equally with my law 
 partner. The total professional earnings of the first twelve 
 months of legal practice gave to me an exceedingly mod- 
 est sum; the second twelve months were slightly under this 
 result, calculated to be quite too dispiriting, and which 
 ended the law partnership; but the third twelve months 
 discharged accumulated obligations and showed a net 
 result beyond the wildest expectations that had been in- 
 dulged in for the two first years. 
 
 The two slim years can be assigned to inexperience, 
 for a youth with the conception that results achieved by 
 study would attract esteem, and this in turn good will, 
 and the latter to preferment in law, has calculated to dis- 
 cover in course of time, if still holding on and still san- 
 guine, that results were achieved by distinct personal 
 activity. An early recognition of this can save many an 
 unhappy moment, for, with all the economy human inge- 
 nuity can exercise it would require a conjurer to subsist on 
 the earnings mentioned. 
 
 Whether the advantage is with those who locate in the 
 office of a settled lawyer in an established practice or with 
 those who launch out independently will depend in a great 
 measure upon the personality of the individual. 
 
 If the young lawyer will respond heartily to sugges- 
 tions in lines of work, devote himself earnestly to a task 
 which may appear almost hopeless of results, and exercise 
 ingenious originality in his efforts, he is, perhaps, better 
 fixed in the office wdth older lawyers, for these latter will 
 always have on hand matters which, however unpromis- 
 ing, yet nevertheless are worthy of some attention and 
 the care of which they wiUingly bestow on a junior who 
 shows a disposition to labor without a too-exalted notion 
 of the rewf^rd therefor. This is about the only class of 
 
21 
 
 business a young novice will get there ; for lucrative busi- 
 ness of an important character is always too gladly 
 claimed by the experienced advocate to think of delegat- 
 ing it to others at his own costs and the likely disadvan- 
 tage of a client. 
 
 The small matters which fall to the youthful assistant 
 will, if the fee depends upon results, in perhaps all save 
 rare instances, prove futile, but if tenacious, incisive and 
 astute work is applied to each, the occasional success will 
 often obtain a result to well pay for the labor for all. How- 
 ever, much self-reliance may be developed by independ- 
 ence, yet in modern complications of business affairs legal 
 work is secured by a large office force, comprising part- 
 ners and subordinates, whether employes or junior asso- 
 ciates; for the details of a complicated legal matter are 
 now so extensive and must each be traced out and followed 
 up so persistently and minutely thq,t one person's efforts 
 alone can scarcely obtain an entirely satisfactory result. 
 Again, experience teaches the wisdom of specializing in 
 the practice of law, so that a lawyer to whom all things 
 will come in the coiirse of practice must, to avail himself 
 of all, be a member of a firm or locate in an office where the 
 work can be assigned to each according to his specialty, 
 with the result that all business can be accepted, and 
 through ample help and intelligent treatment be satisfac- 
 torily dispatched. 
 
 To secure the employment one longs for such must be 
 offered by some individual and by an individual requir- 
 ing the lawyer's services. As only a small fraction of 
 one's acquaintance may need legal aid, it follows the 
 larger the acquaintance the greater the prospects of re- 
 ward. Of all the various channels of forming acquaint- 
 ances some Avill appeal to one, some to another, and they 
 may be difficult or easy; but one or more are essential. 
 Envy or ill-nature often insinuate that the earnest devo- 
 tion to church duties indicate not so much sterling faith 
 in religious exercises as faith in the eft'ectual means of 
 securing thereby clients for a happy practitioner. All the 
 secret beneficial orders, of whicli a multitude exists, com- 
 
0-) 
 
 mencing with Freemasons in the lead and running through: 
 Odd Fellows, and so on to the end, will be suggested by 
 some sage friend to the young, enterprising practitioner as 
 a means of securing a complement of fi'iends with whom 
 the fraternal relations he establishes will likely mate- 
 rialize when occasion arises. So that his merits, which 
 appeal to these friends, will be offered opportunities for 
 testing in a decidedly ])ractical manner and with gratify- 
 ing substantial results. Societ}- judicially cultivated by 
 one willing to devote the time and strength needful will 
 be suggested as affording to him who can discriminate 
 fruitful fields. The clubs furnish a desirable means of 
 extending a valuable acquaintance, bearing in mind espe- 
 cially that the facility and success with which a lawyer's 
 business is transacted greatly depends upon his relations 
 in the business world with those through whom such is 
 transacted. Fortunate is the young practitioner who 
 establishes a friendly footing with some corporation, espe- 
 cially one engaged in financial transactions and passing 
 upon credits, for in the exigencies of business joursuits 
 the need of financial aid will not only develop extraordi- 
 nar,v conditions affecting one wlio seeks it, but complica- 
 tions will subsequently arise, in all of which instances the 
 lawyer's talent will be exercised in elucidating the trans- 
 action. 
 
 One is not amiss in assiduously cultivating the good- 
 will of all the court officials and deputies with whom court 
 duties bring one in touch, whatever the relative position 
 of sucli officials — high or low — for here again, while the 
 success of a transaction is greatly affected by the mental 
 attitude of the officials through whom the business must 
 be conducted, it is not to be forgotten that a word fitly 
 spoken can often influence in a favored one's way matters 
 of great consequence, and that the vast number with 
 whom such officials come in contact, whether in official or 
 social capacities, to every one he is distinctly a person 
 known to have to do with legal matters and with lawyers. 
 
 A gentleman now retired on a judicial pension equal 
 to his former salary was a judge of distinction and previ- 
 
23 
 
 ously a lawyer of eminence. He had achieved as great 
 results as a strictly professional life usually aspires to. 
 His success was traceable to a simple formula he had con- 
 ceived on his start in life, namely, to form the acquaint- 
 ance of at least three persons every day. This was not 
 difficult until Ms circle of eligible acquaintances became 
 so extensive that he was regarded as a political possibility, 
 with the result, however, that as his aim was invariabh^ 
 professional advancement, his political affiliations ulti- 
 mately secured him his judicial position. 
 
 The chances are decidedly that the first employment 
 to a lawyer will be the collection of a debt, usually a pretty 
 bad debt. This matter, handled properly, can often be 
 turned to effective advantage. A lawyer's perfect fealty 
 to this work is the surest way to success. Ordinary dun- 
 ning for a debt can be indulged in by a hackneyed col- 
 lector, but the scientific treatment of an astute lawyer is 
 needed to induce the debtor to eagerly desire to pay what 
 previously no ordinary coercion could extract from him. 
 A minute examination of every detail in reference to the 
 debtor from the date of contracting the debt can only 
 secure this. His business, his dealings in reference to 
 his property disclosed by the records or otherwise, his 
 methods of life, relations toward others, past or present, 
 in property examinations — and, above all, a correct inter- 
 pretation of the meaning, often hidden, of what is dis- 
 covered and a judicious and effective handling of the situ- 
 ation will not only often secure the result, but in it also a 
 remuneration very far in excess of the amount involved. 
 A claim of a few hundred dollars may bring several times 
 that amount in fees, at the same time securing a most 
 advantageous result for one's client; of course, this will 
 usually be through the discovery and legal elucidation of 
 some fund, estate or property against which your client's 
 claim, with others, can be charged. 
 
 The most modest and unassuming claim will often lead 
 to momentous legal results, as the following incident, 
 among a host of others, will illustrate. A marketman 
 was given, in the absence of something more pleasing. 
 
'24 
 
 tlie written promise of an impecunious customer to pay 
 a long-overdue account out of the share of an estate in 
 the process of settlement in the court. This written prom- 
 ise, after long and fruitless waiting, was turned over to 
 counsel for attention. Investigation of the court case 
 disclosed a decree of sale of the real estate many years 
 before, and thereupon a cessation of further procedure. 
 The trustees had lost the incentive of a commission, for 
 one of them had become judge and the other clerk of the 
 court. The parties in interest were entirely complacent, 
 for the shares of most of them were fully pledged for their 
 debts, and in the meantime until the sale they had the 
 Avelcome enjoyment of the income. A creditor of one of 
 the impecunious joarties was a trust estate represented by 
 an old practitioner of the Baltimore bar, who at the time 
 in question, although quite advanced in years, was still 
 very active, among his valuable clientage being the Balti- 
 more and Ohio Railroad, for which corporation he was 
 chief counsel. The marketman's attorney visited the 
 older lawyer to hear more of the ease, and that liberal and 
 large-hearted gentleman, with great earnestness, encour- 
 aged the }"oung lawyer's efforts by saying that this was 
 the very case for an energetic and attentive young lawyer, 
 and suggested that he insist on the execution of the decree, 
 saying he would add a fee for the services in this respect 
 that would aficrue to his client. He added to the pleasure 
 of the interview by recounting the various members of the 
 bar who had been trained under his guidance, saying that 
 he had impressed upon each the need of always constantly 
 observing the five ' ' Ps, ' ' which stood, he said, for Probity, 
 Perseverance, Precision, Promptness and Politeness, and 
 terminating the interview with the exceedingly flattering 
 suggestion that he observed in the young man the posses- 
 sion of his five ' ' Ps. ' ' 
 
 The prosecution of this case resulted in the judge 
 resigning as trustee in favor of the young attorney, and 
 thereupon ensued litigation over the validity of the decree, 
 the jurisdiction of the court having been changed in the 
 meantime by legislative act, necessitating a ruling of the 
 
Appellate Court, witli the result that services of counsel,, 
 which had started with the collection of a small claim, 
 were rewarded with fees far in excess of the wildest expec- 
 tations. 
 
 One of the most resourceful ways of enjoying a law 
 practice is to have facilities for loaning money on mort- 
 gage, either by representing an individual or corporation 
 who make such loans. 
 
 In addition to the fees for the mortgage papers and 
 the examination of title, there often arises in connection 
 with the loan complications which require the services of 
 a lawyer. But above all is the examination of title prolific 
 of troubles apt to require a lawyer's aid to straighten. 
 Very nearly any title examined with great technical care 
 will develop irregularities of a character many of which 
 are sufficiently serious to require to be corrected, and as 
 will almost always fall to the lot of the examining lawyer 
 to take the necessary steps therefor. 
 
 If an examination is required by an estate the chances 
 are heavily increased of finding trouble, with the addi- 
 tional chances of discovering that the interest was in 
 some respects different from what was supposed, or 
 affected by conditions or circumstances not previously 
 known and which when disclosed to the outside party by 
 the examiner will almost invariably secure a grateful 
 memory for the diligence and astuteness of such examiner 
 to his great profit in very likely the near future. Nothing 
 more quickly brings a client within the sympathetic touch 
 of counsel than information of an interest a little more 
 advantageous than previously conceived, either as to 
 amount, time of enjoyment or conditions of such. To illus- 
 trate would likely cause suggestions that the instances 
 cited were peculiar and rare. It needs to be surmised, 
 however, that such may be said of the myriads of law cases 
 daily arising. Each one has its own peculiar facts requir- 
 ing application of its own peculiar legal principles. A few 
 examples may be more acceptable. In 1886 a man died, 
 leaving a considerable amount of real and personal prop- 
 erty in Baltimore. He was the only child of a French 
 
26 
 
 physician who had settled there early in the century and 
 had there married. The relations on the mother's side 
 appropriated this property and commenced a proceeding 
 in court to sell it and divide the proceeds among them- 
 selves. Attention was required by a matter in connection 
 with this case. Afterward in reflecting over the proceed- 
 ings, an examination of which had been necessary, it was 
 recalled that two of these relatives had testified that the 
 family of the deceased on the father's side was extinct and 
 that he had frequently been heard to say so. This statement, 
 couched in this language, was so unnecessary to reinforce 
 their claim that it was calculated to excite the belief tliey 
 were apprehensive, for very few can cite an actual instance 
 where one whose parentage was known was without at 
 least some relatives more remote. If there were any rela- 
 tives on the father's side they took the real property to 
 the exclusion of those who were claiming it. A thorough, 
 investigation and inquiry developed such relatives in 
 France, and upon the necessary proof they received the 
 estate. The point in the above was the impression on the 
 lawyer made by the testimony, suggesting its character 
 as being fictitious and inducing an investigation as to its 
 accuracy. 
 
 This case involved a principle of legal ethics — that 
 which prohibits solicitation of particular individuals to 
 become clients. In a large community the litigious pos- 
 sess usually neither great wealth nor great learning; 
 people in these two classes generally either avoid strife, 
 •or if involuntarily involved manage to secure amiable 
 adjustment. 
 
 The exceedingly few that, notwithstanding, become in- 
 volved in the meshes of law retain counsel connected by 
 family ties or kindred, orinquestions of great moment seek 
 the aid of one who has attained eminence that comes alone 
 from experience and age as well as learning and capacity. 
 The litigious are ordinarily those who need counsel, 
 because unable or unwilling to arrange their matters with- 
 out the aid of such. This latter class will generally assign 
 to all lawyers equal merit and will exercise slight dis- 
 
crimination in their selection. So that this rule confront- 
 ing him, the young lawyer will meditate with how much 
 patience he must anticipate the time when business will 
 come his way without infringing the rule. And if he is 
 conscientious in adhering to it in principle as well as in 
 practice he will entertain misgivings to what extent pros- 
 perous contemporaries conform to it, and he may conclude 
 that it is a great help to the aggressive and those with 
 not over-nice discrimination to have so many men, scru- 
 pulous and honorable, curbed by a rule whereby the latter 
 are practically eliminated as rivals in the acceptance of 
 the usual law business. It will scarce contribute greatly 
 to his comfort to be informed it is his merit that should 
 secure him success, because he recognizes in his busy con- 
 temporaries not only merit, but a reward that he feels 
 would have been his with a slight advance on his part. 
 How is the young lawyer going to realize his deserts while 
 at the same time honorably conforming to the rule? He 
 will ponder with plenty of tribulation in vain search for 
 the way, and if he flatters himself with its discovery lie 
 is apt to feel the sting of mistaken confidence if he pursue 
 the course disclosed to him. His advances may be so deli- 
 cate in character as to contain not the slightest suggestion 
 of solicitation. His mission to the prospective litigant 
 may be ostensibly on a subject entirely foreign to the pur- 
 pose, and his conversation may so please and entertain 
 that his friend will feel disposed to extend any token of 
 good-will, and unless some suggestion is given or elicited, 
 how will the true purpose of the visit materialize. And 
 how will this mission of ingenious and subtle self-seeking 
 and this indirect way of realizing constitute adherence in 
 principle to the rule in question. Some may solve this 
 enigma by concluding that the rule is only an expression 
 of one 's self-respect, involving a question of principle only 
 to that extent, and that hence so long as no actual solicita- 
 tion is indulged in there is no violation of the rule and 
 hence no violation of one's obligations, and as a conse- 
 quence of one's principle. Others without reference to 
 any sophistry or reasoning as to the matter will conclude 
 
28 
 
 that the rule is deeper and more far-reaching, and that it 
 was formulated from an experience and wisdom conced- 
 -edly the highest. So how is the young lawyer with this 
 •conviction going to acquire clients ? There is but one an- 
 swer. The high courtesy and great consideration such a 
 type of man will instinctively evince toward all, leave_ the 
 mere self-seeker, with his devices and cunning, to serious 
 meditation, and he will finally conclude that his over- 
 modest rival may not be, after all, a victim of his own 
 conscience. Furthermore, the same rare type, with supe- 
 rior conception of principle, while not wanting in friends^ 
 will never slight -in the smallest degree any trust confided 
 to his professional care, and it will be a revelation the 
 results secured by his close application and indefatigable 
 zeal, so that we need indulge in no lament over merit and 
 talents unrecognized and unrewarded. This brings the 
 question down to the ultimate basis as to the purpose 
 in practicing law. In mercantile pursuits, where the sole 
 aim is pecuniary gain, every device to secure business is 
 cheerfully employed and no harsh criticism follows. 
 
 Solicitation of the most seductive character is employed 
 to sell one's goods by grotesque advertising, which may 
 appeal to cupidity, the sjDirit of economy or the close and 
 narrow lines of the poor. Advertising circulars may be 
 scattered broadcast, and soliciting agents skilled in an ac- 
 curate knowledge of human nature and its weakness may 
 seek trade without a menace to the correct status of the 
 merchant. But the professional man, whether he be a 
 minister, doctor or lawyer, has dedicated his labors to a 
 mission in which his personal qualities are alone em- 
 ployed, and to force his services unsolicited on others is 
 not only going to detract from the self-respect he must 
 maintain for his personality, but will lessen his usefulness 
 in the career he has chosen in consequence of the bad im- 
 pression others thus form of the distress and necessities 
 of such a self-seeker. He ma^^ have a long, trying ordeal, 
 but if he is no laggard and pursues the true spirit just 
 mentioned in detail he will in good time obtain the reward. 
 But he is not to contentedly repose in quiet patience wait- 
 
29 
 
 ing this reward, for, should this spirit possess him, he will 
 in vain seek that skill which alone accrues from practice, 
 and his sauntering through life will be conspicuous for a 
 signally empty performance. Thus is suggested a situa- 
 tion with irreconcilable possibilities, namely, a lawyer is 
 to severely refrain from soliciting professional work, and 
 at the same time he is to earnestly devote his energies to 
 professional work, and now, as professional work does not 
 seek the unknown advocate, how is the latter to confront 
 the situation ? The natural reply is, engage with him who 
 possesses this work, or in that department of activities in 
 which such work exists; that is to say, seek employment 
 with an established law office or with a corporation whose 
 business furnishes legal occupation. How is this principle, 
 so easy in theory, to be availed of in practice. The solu- 
 tion thus suggested will be entertained with slight enthu- 
 siasm by one who lacks the influence commonly conceded 
 necessary to secure footing in one of these desirable loca- 
 tions. But here again the personal merit must furnish 
 the recommendation. For in our modern day the lawyer 
 who seeks an effective position for his calling attends one 
 of the law schools possessed by every large community, 
 and in that law school are professors who are usually well 
 advanced in their legal careers and who are in a position 
 to aid with the necessary influence the aspirations of any 
 zealous, painstaking and earnest student, so that the young 
 man with personal merit, need only seek the aid of his 
 teacher to achieve his wish for employment in one of the 
 ways alluded to. 
 
 Now, will be understood the propriety of the course 
 pursued in the case of the French heirs above cited, and 
 it will be seen that the case referred to was in no manner 
 a violation of the rule of legal ethics just set forth. The 
 information of a great wrong intended by unjust claim- 
 ants was conveyed to the French Government by one 
 under no professional obligation of any kind, and the em- 
 ployment was both a perfectly natural as well as grateful 
 reward for such service. 
 
 Again, a merchant by his will directed that his book- 
 
 e p 1 2 
 
30 
 
 keeper, who was one of the executors, and another em- 
 ployee should have the use in his business of his capital 
 for three years without interest. The two in that time lost 
 the capital. Years after one of the parties entitled under 
 the will after the death of the widow, who had the estate 
 for life, applied for information in reference thereto. An 
 .examination involved an inquiry as to the disposition of 
 this capital in the business. In addition to the loss, it was 
 elicited that the two who had used it claimed they were 
 not responsible for the loss, as they had exercised their 
 best judgment as to its care and that its use was an ar- 
 rangement devised by the testator for the benefit of his 
 estate, as it was expected thereby, through the continuance 
 of the business, to realize debts and assets that would other- 
 wise be lost. A test in court determined that the capital 
 was a loan Avilled to them which they could accept or re- 
 ject, as they desired, and, having accepted, they did so 
 with the simple qualification of paying no interest, but 
 must return the principal at the time stipulated upon the 
 three-year expiration. A subsequent litigation decided 
 that the executors and their sureties were liable for failure 
 to assert on behalf of the testator a claim at the end of 
 three years for the return of the capital. 
 
 The above two illustrations are prosaic to the degree 
 of commonplace, but were the results of a close scrutiny 
 which whenever applied to almost any case will almost 
 invariably discover some legal question or trouble. 
 
 No more prolific source of business exists than that 
 flowing from the examination of titles to real estates. The 
 fee for examination may be nominal, indeed is usually 
 inadequate, but a painstaking examiner, disregarding the 
 fee and regardful alone of the fealty due his client, inquir- 
 ing into every feature of a title, will, with few exceptions, 
 show defects that must either cause rejection of title or 
 else require the services of a lawyer to have such defects 
 corrected. Often the defects are so serious that the correc- 
 tion is elaborate and expensive. 
 
 The examination of title usually comes from two 
 sources — loans on mortgage and purchase of real estate. 
 
31 
 
 The former a lawyer can find for his cUent who has money 
 to loan. The latter usually comes from clients who have 
 made a purchase of property. 
 
 It may he said that lawyers have in all times remai'ked 
 a disposition on the part of .themselves and their col- 
 league's to criticise various agencies as making inroads on 
 professional practice. One of those most suhject to criti- 
 cism in latter years has been the trust company. This 
 legal entity, more markedly at the beginning of its history 
 than latterly, secured a firm hold on the imagination of 
 the community. Its proffer to act as executor or adminis- 
 trator in advertisements spread broadcast — something a 
 lawyer in his case would regard as most reprehensible and 
 unprofessional — appeals to the public as affording a me- 
 dium for settling an estate that gives security through the 
 wealth of the corporation, that gives accuracy through the 
 business principles of its management, and that gives 
 promptness through its routine as a banking institution. 
 When in addition it becomes gradually understood that 
 the trust companies prepare free of charge the wills of all 
 who desire to place their affairs under their charge, it can 
 be conceived what that means to the legal profession, for 
 wills drawn by lawyers afford a very large source of legal 
 practice when in the due course of nature these wills be- 
 come effective. Almost every estate of any consequence 
 in course of settlement after the probate of a will or after 
 the grant of administration furnishes numerous occasions 
 for the services of a lawyer that often require great legal 
 skill and mean momentous consequences to the estate. 
 Wherever settled in the usual way of the trust company the 
 lawyer is never called upon unless his need is suggested 
 by some clash that arises which is beyond the capacity of 
 the ordinary trust company's official to solve, with the 
 result often that curious consequences ensue to the estate 
 by reason of the often complete elimination of the lawyer. 
 To cite an instance: A man died leaving a very large 
 estate. By his will everything went absolutely to his wife, 
 but she had died before him and also left a will, giving all 
 to her husband. The children of the two selected a trust 
 
32 
 
 company to administer, and this company, thrpugli its 
 officials,' drew a deed of trust wliereby the children granted 
 to the company all the property they inherited from 
 either parent to sell and divide the proceeds. One of these 
 children, who had been charged in the deed with large ad- 
 A^ances, became dissatisfied and went to a lawyer. The 
 lawyer knew what the trust officials did not, viz. : That the 
 estate devised by the father was saved from lapsing only 
 by the statute, and that when the statute declared the 
 estate went to those who would be the heirs of the wife, 
 that did not mean, under the decision of the Appellate 
 Court construing the statute, that it became a part of the 
 deceased wife's estate and either went under her will or 
 was inherited from her, but simply that the estate was 
 one created exclusively by statute and went to those par- 
 ties, by virtue of the statute, who would have been the 
 statutory heirs at law or distributees of the deceased de- 
 visee or legatee, but who took not because they inherited, 
 but because the statute designated them as such takers — 
 that they did not take by descent, but by purchase under 
 the statute. 
 
 When the trust company found its deed worthless and 
 because voluntary, therefore, incapable of legal reforma- 
 tion, except by assent of all, an agreement was reached 
 whereby the charge for advancements — many thousands 
 of dollars — was abandoned, and the counsel who secured 
 this result was engaged by assent of all to obtain a decree 
 construing the deed as intended to comprise the estate 
 of both parents, so that the trust company secured its com- 
 missions that otherwise would have disappeared through 
 its ineffectual deed. 
 
 The preparation of wills and deeds of trust are a copi- 
 ous source of legal business. In each instance work of a 
 legal character must ensue therefrom ultimately. And there 
 is less reason for the testator to suppose the lawyer will 
 lay out work for himself than for supposing the trust com- 
 pany, whose motive in gratuitous drafting of wills is to 
 get commissions, will therein arrange the amplest oppor- 
 tunities to realize such. The testator has professional 
 
pride and fealty to rely upon in the first case ; in tlie second 
 lie must bear in mind he is dealing with a corporation 
 whose ultimate purpose is to create a business with best 
 pecuniary results for its owners, the stockholders. 
 
 While on the subject of the trust companies it may be 
 well to elaborate the status of this modern institution 
 more at length, so that its merit in the case of an estate 
 as contra-distinguished to the services of a reliable attor- 
 ney can be deliberately considered, for my experience and 
 observation teach me that a good trust company, con- 
 ducted on honest principles, is a valuable feature in a 
 community, but that a reliable lawyer is an absolutely 
 essential factor as to which no other can take the place. 
 
 The true status of such a company should be better 
 known. I believe the following account furnishes needful 
 data, but in a light somewhat opposed to the views re- 
 ferred to and in a light I believe true. 
 
 A safe deposit and a trust company was originally de- 
 signed by the founder of this form of industry for the 
 double purpose of first furnishing fireproof and burglar- 
 proof vaults, to be divided up into small compartments 
 and rented out to persons who would thus find a secure 
 receptacle for coupon bonds and valuable papers, and 
 even money, jewelry, etc., and, secondly, to act as fiduciary 
 for estates, and thereby accomplish several results recog- 
 nized as good, among such: Obtaining a trustee or execu- 
 tor who would not die, securing the influence and authority 
 of a rich and powerful company to advance the prosperity 
 of and ward off trouble from the estate, and obtaining the 
 management of a corps of skilled clerks, whose attention 
 would be given exclusively to this work, under the super- 
 vision of the representative head of the company, who 
 would possess all the business acumen and superior integ- 
 rity expected to be found in the principal officer of such a 
 corporation. 
 
 The scheme of companies thus planned rapidly devel- 
 oped : For instance, many trust companies selected as trus- 
 tee for the bonds of a corporation became the depository 
 in its vaults of the bonds until issued, became the registrar 
 
34 
 
 in its capacity of trustee of the bonds, and from that posi- 
 tion to another, which some of them rapidly reached, of 
 placing or selling the bonds through its financial alliances, 
 its directors, and ultimately others of them attained the 
 still higher position of underwriting in advance and 
 through the same mediums any promising financial ven- 
 ture. Two things were requisite for success in these new 
 or modern lines of trust companies, viz, : Money to buy or 
 to back the underwriting and ' ' spots ' ' to place as invest- 
 ments the securities underwritten, so that many trust com- 
 panies, in addition to endeavoring to secure all the estates 
 it can manage, also has a banking department, in which it 
 accepts all the deposits it can obtain by allowing attractive 
 rates of interest. The modern lines of such a trust com- 
 pany have placed it by the ventures in which it engages in 
 such sharp contrast to banks that it now results that this 
 corporation called a trust company, which deals in the 
 most highly speculative transactions, also solicits that 
 class of business requiring the most conservative business 
 qualities — the business of managing the estates of widows 
 and orphans, a combination of two extremes, which, if 
 found in an individual, would certainly exclude him in 
 the selection by any coiirt as a trustee for an estate. 
 
 In recent years there seems a desire to name as trustee 
 in wills a trust company. This has been the case in some 
 fairly large estates and in very many of medium size and 
 smaller estates. It is a noticeable fact, however, to those 
 who observe such a tendency existing, that the very large 
 capitalist, particularly those in any manner connected 
 with trust companies, with scarcely any deviation, select 
 as trustees under their wills one or more individuals, 
 rather than a trust company. A list before me, although 
 not given, as this article is not intended to deal in person- 
 alities, will exemplify what has been stated, for each men- 
 tioned in the list was a director in a trust company and all 
 have died in the past few years, and each left a will and a 
 very large estate, without in any instance naming a trust 
 company as executor. An examination of the names of 
 those who have served as directors in such companies for 
 
35 
 
 the past few years will verify this. 
 
 Why should the owner of a moderate estate prefer a 
 trust company as trustee or executor, and the very wealthy 
 men, particularly one who is connected with a trust com- 
 pany, ignore such company for executor, notwithstanding 
 his relation toward it and interest in it. Any testator, 
 whether his estate be little or big, in selecting a representa- 
 tive to execute his will is generally influenced by motives 
 common to all. He wishes the best security, most efficient 
 service and least expense, and his conviction and experi- 
 ence as to where these qualities are to be found point to 
 him the individuals from which he makes selection. Now, 
 to the minds of those who are not identified as officers or 
 directors with the working of a trust company, it repre- 
 sents the security existing in a large capital stock, gener- 
 ally insuring thereby that the executor or trustee will not 
 abscond with the estate, or that if any loss occurs it will 
 quickly and without trouble be made good. A testator 
 further believes that his estate can be administered more 
 efficiently by the regular routine business methods of a 
 successful corporation whose affairs are managed by expe- 
 rienced and skillful business men, and that the degree of 
 care and economy will be secured which is applicable to 
 the conduct on the part of the corporation of its usual busi- 
 ness affairs. These are all substantial reasons and power- 
 fully influence one toward the selection of an executor or 
 trustee that will meet these requirements. But, from the 
 standpoint of one such as an officer or director, familiar 
 with the workings of a trust company, does it in fact meet 
 these requirements ? A trust company is managed exclu- 
 sively for the profit of its stockholders, and it is a success 
 to the extent it earns dividends on its stock, and it under- 
 takes to act as executor or trustee purely in furtherance 
 of this purpose. Whether an estate will pay or not to 
 administer will depend upon the character of it and the 
 character it can be made to assume. 
 
 To draw the dividends on stock or clip the coupons 
 from bonds require neither much labor nor skill, whereas 
 to collect rents from tenants, look after repairs and pro- 
 
36 
 
 tect the property generally requires more labor, more in- 
 telligence and, therefore, more expensive employes, and 
 yet the commission or profits of the company will be the 
 same, whether the income is from stocks and bonds or 
 from house property and lands. Bearing in mind that 
 these earnings are exclusively in the shape of a commis- 
 sion of almost invariably 5 per cent, on the revenue or 
 income collected, a conclusion suggests itself as likely to 
 occur from the conditions mentioned, namely, that a trust 
 company as trustee will feel inclined to dispose of the 
 assets requiring unusual labor, time and trouble and ex- 
 pense, and convert them into assets of a simple and less 
 troublesome character, and what thus suggests itself is 
 found often to be actually the case, for it is the experience 
 of those who have relations with trust companies in the 
 management of estates that many companies advise and 
 urge the conversion of real estate into stocks and bonds. 
 
 A corollary ensues from what has been stated that a 
 trust company seldom suggests to itself the prudence of 
 investing in any character of real estate, even ground 
 rents; but money, whether the proceeds of property sold 
 or cash on hand, usually goes for investment almost exclu- 
 sively in stocks and bonds. Just at this point is developed 
 the serious weakness of such of these companies as pursue 
 this course for filling the office of executor or trustee. It 
 would very greatly startle a testator to be told that his 
 estate, the cash on hand and the proceeds of the converted 
 realty, might be utilized either for the personal profit of 
 the company itself or one or more of the directors, or of 
 other persons who exercised a greater or less controlling 
 influence in the affairs of the company — might be utilized 
 to help float a venture for the personal profit of others, a 
 profit sometimes modest as such ventures go in these days, 
 but also sometimes quite astounding in its proportion, and 
 when I say astounding it is only necessary to remember 
 some of the many ventures floated in the past few years. A 
 few illustrations might make the matter clearer, but I am 
 not dealing in personal references, however remote. And 
 these financial ventures, speculative in character and de- 
 
o7 
 
 pending for tlieir success botli upon tlie skill, integrity 
 and aggressive management of their promoters, as well 
 as upon the generally good business conditions, constitute 
 a good part of the business now engaged in by many trust 
 companies. 
 
 The modus operandi of exploiting or financing a deal 
 is very simple in principle; some operator or promoter 
 conceives that it will be profitable to consolidate or com- 
 bine certain interests, be it railroads, street railways, gas 
 companies or certain commercial interests. He forms a 
 combination of three or more persons who have been fa- 
 vorably impressed with the scheme; this combination 
 always includes one or more bankers, or one or more 
 directors in a trust company, or men of powerful financial 
 interests, who can dictate the policy of a bank or trust 
 company. Every trust company makes up its directors 
 from among those whose names and influence in the com- 
 mercial or banking world will advance its prosperity. 
 They are sometimes large stockholders, but not always 
 so. When the directory is large usually a finance board 
 is provided, consisting generally of a limited number who 
 pass upon investments. 
 
 Now, when a deal is contemplated the combination 
 desiring to advance it can usually assign or parcel out to 
 sufficient trust companies, banks, savings banks, fire insur- 
 ance companies or other corporations with money to invest 
 sufficient of these bonds to produce the money necessary 
 to make the deal a success, with ample profits to the pro- 
 moters, and the combination expects that these corpora- 
 tions can be reached and the bonds thus placed through 
 channels connecting one or more members of the combina- 
 tion with the prospective purchasers of the bonds. 
 
 This channel may be the very simple one of a member 
 of the combination being a director or having business 
 associates or representatives as directors in the other com- 
 pany, or it may be that of a broker who is thus situated, 
 or it may be financial or business dealings between a mem- 
 ber of the combination and the controlling officers of the 
 corporation which do not permit the combination being 
 
38 
 
 ignored. Tlie medium or channel of communication be- 
 tween tlie combination and 'the corporation may be any 
 one of such a large variety that those familiar with these 
 matters can readily suggest them. 
 
 With a knowledge of what has been above stated,_ is 
 it any longer a matter of surprise that those familiar with 
 the workings of a trust company, its method of managing 
 its trust estates and making investments for such, should 
 ignore these companies as executors and trustees and pre- 
 fer individuals for this office! 
 
 It may be finally but surely said that a lawyer who is. 
 executor or trustee and would purchase an investment at 
 one price and turn over to his trust estate at an increased 
 price, either directly or indirectly, thus making a profit 
 on what has been intrusted to his care and fidelity, would 
 not only lose the profit, but would also be promptly super- 
 seded in his office of executor or trustee, and with a strong 
 possibility of being also superseded in his right to any 
 longer counsel and advise others as to their legal rights, 
 obligations and duties. 
 
 Just as I regard some trust companies a frail agent for 
 the administration of an estate, yet such a company usu- 
 ally possesses the most skilled, the most courteotis and the 
 most assiduous of employes, who deserve for their fealty 
 to their employers a tribute that they not often receive — • 
 a tribute in a large salary and great latitude of action. 
 The company that administers estates to make dividends 
 for its stockholders is in unfortunate contrast with the 
 honorary status of the administrator at the common law, 
 and also with the lawj^er with his professional ethics, and 
 the employe of this company is valued as his skill, cour- 
 tesy and acumen will promote the prosperity of the com- 
 pany in its dividend-paying attributes. I have here in 
 mind a number of officers of trust companies who are un- 
 surpassed in the qualities I have just alluded to and who 
 in place of laboring to advance the interests of the cor- 
 porations they serve would be great public benefactors 
 were they engaged exclusively in matters involving the 
 interests of the general public, with the obligation to ex- 
 
39 
 
 tend fealty to such public interests. 
 
 In view of the trust company and its eagerness for 
 estates, of the title company and its guarantee against 
 defects in title, of the arbitration committees in the vari- 
 ous exchanges and their settlements, there is the not over- 
 pleasing compensation for the young lawyer of knowing 
 that his training, while not affording him at first a very 
 extensive field for general clients, nevertheless fits him 
 for a skillful and valuable employe, whose services are 
 readily availed of as such employe by corporations, and 
 sometimes by individuals. And consequently at the out- 
 set of his career the young lawyer will often have to elect 
 in these modern progressive times between taking service 
 as an employe of another or enduring an apprenticeship 
 of patience for some years until a foundation is secured 
 for a professional following. While dampening to the 
 ardor of an ambitious young man who has looked forward 
 to the independence and strenuousness of the court advo- 
 cate, nevertheless as legal employe of a corporation his 
 position may in time become enviable. It is to be remem- 
 bered that his position from the start is unique ; he is em- 
 ployed for his peculiar training and is in a great measure 
 independent of any supervision, deciding for himself in 
 his own department even from the start tlae proper dispo- 
 sition of the business intrusted to him, the employer look- 
 ing simply for results. If those results are secured it may 
 he a question whether, after a period of years, the lawyer 
 of the corporation or the lawyer in individual practice 
 occupies the better position before the community. 
 
 One of the elementary principles of legal ethics incul- 
 cates respect for the courts and their presiding officers. 
 Judges occupy the most unique position of any class in the 
 community. In public esteem they are the fountain of law, 
 the perfection of morals and worthy of that respect about 
 which the public entertains seldom any doubt. In the 
 esteem of the lawyers, from whose ranks they have been 
 recruited, they are regarded from various viewpoints. The 
 hest consensus of opinion is to concede to them the posses- 
 sion of courtesy and consideration which their position 
 
40 
 
 demands of them. They are usually regarded as the law- 
 yer 's friend, for whom he entertains great respect as well 
 as personal regard. This is not unnatural, for, added to 
 the ordinary temperament which helped him to earn the 
 judicial position, is the daily exercise of those amenities 
 in the intercourse between bench and bar which so easily 
 facilitates the discharge of duties often exceedingly diffi- 
 cult. A high-minded lawyer will recognize in the judge 
 the same character of zeal and pride to ably perform a 
 judicial function as the fealty displayed by counsel in the 
 conduct of each side of a case. Again it can be seen how 
 seriously the judge enters into the life of a lawyer when 
 it is remembered to what extent counsel is dependent upon 
 the court. In the most lucrative branch of legal practice, 
 that of equity, in most instances the fees are fixed and 
 allowed by the court, being paid out of funds or estates 
 under the court's control and supervision. Then, if it is 
 borne in mind that so many acts of counsel are susceptible 
 of double construction, depending upon motives, -and that 
 the construction as ascertained by the court is usually 
 final, even if erroneous, it can be seen how the exercise 
 of a forbearing charity on the part of judges appeals to 
 the esteem and regard of counsel. 
 
 With so vast a number of judges as are in this country, 
 with as diversified characters, dispositions and tempera- 
 ments as will be found in any set of men following any 
 particular calling or profession, it is a wonder that they 
 are so free from just criticism and censure. This can only 
 be accounted for because they are usually educated men, 
 selected for their recognized evenness of character and 
 who perform their duties with a conscientious regard 
 therefor and are fortified by a pecuniary provision usually 
 sufficient for the ordinary requirements. 
 
 There is a vast amount of human nature, however, in 
 a judge. It may be over-deep and need exceeding skillful 
 treatment to secure manifestations from so tried a subject, 
 but nevertheless the soil is fertile. I once knew a chan- 
 cellor whose very appearance was suggestive of august 
 integrity, whose manner of life and talk was of the puri- 
 
41 
 
 fied character that suggested horror at the shortcomings 
 and easy principles of the litigants before liim. The public, 
 the court public, was often edified with a dissertation 
 on business morals upon an occasion when some wretched 
 debtor was overhauled attempting to convey the rem- 
 nants of his property from his defrauded creditor. And 
 the dishonesty of the act, the inexcusable conduct of the 
 debtor, his lack of principle were all displayed in language 
 used by an idealist in morality. 
 
 The defense advanced by experienced counsel, such 
 as ample remaining assets at the period of conveyancing, 
 a valuable consideration bona fide and without notice, 
 even the alleged fulfilling of a pre-existing nuptial prom- 
 ise, were all pretexts simple and pure in the mind of our 
 good chancellor to aid the fraud, and no instinctive desire 
 to provide with some modicum the helpless members of 
 the debtor's family excused the moral delinquency of an 
 effort to secrete from his creditor any portion of his assets. 
 Now this judge in time ceased to fill the office he so long 
 thus adorned, and in an alliance he formed for the practice 
 of law there fell to his lot as partner a combination of an 
 individual who possessed great skill and great frailty. 
 
 This partner, who was entitled to every advantage by 
 birth, by training and by education, involved through his 
 disastrous career numbers of his clients in appalling losses 
 and himself in inextricable disgrace. Sad to say, our ex- 
 chancellor and judge, who had so often been confronted 
 with almost the identical situation in many a litigation 
 before him, was now in the time of his present trial unable 
 to recognize that he owed a greater debt to the creditors 
 of his partner than to himsef and those near to him in his 
 old age, and an extraordinary number of conveyances of 
 all his possessions became evident about this time, all to 
 every appearance legal and unimpeachable. 
 
 The autocratic command exercised judicially by our 
 last-named friend while on the bench was calculated to 
 excite wonder, if not regret. I often think in what state 
 of mind he subsequently appeared before another judge 
 upon whom he became as a practicing lawyer necessarily 
 
42 
 
 dependent, in view of an incident affecting the two when 
 their positions were reversed. This last judge, at that 
 time a lawyer, was equally then, as now, of a quiet dignity, 
 reserve and gentleness marked to a degree. As attorney 
 he presented a petition to the judge addressed simply to 
 the judge of the court. 
 
 As soon as the judge noted the mode of address he 
 threw it on his desk, passed it back to the attorney, stating 
 in a harsh, incisive manner that if he addressed it to him in 
 his name he would consider it. The attorney, without the 
 slightest change of expression, took it to the trial table, 
 so addressed it and returned it to the judge. Upon another 
 occasion this same judge publicly upbraided from the 
 bench a lawyer who enjoyed himself the distinction of 
 being a so-called ex-judge, but not in the best repute. 
 Whether he deserved the outspoken, ill-tempered and un- 
 dignified criticism no other person seemed to comprehend, 
 but with singular unanimity the offense, whatever its na- 
 ture, was deemed by all worthy, if it had justly excited 
 such an outburst, of a response in a different and more 
 serious form, a form not tending to lessen the dignity and 
 grandeur of the court. One would know instinctively that 
 this gentleman, however ambitious to continue his official 
 tenure, would fall by the way at the first opportunity. Ill 
 manners are unbecoming in any one; in a judge they are 
 as unnecessary as they are repellant. 
 
 Not the least of human frailty possessed sometimes by 
 judges is an indisposition to work. There is a constant 
 outcry in every community against the slow grinding of 
 the courts. The remedies of additional judges and addi- 
 tional courts do not remove the complaint. Very many 
 judges are indefatigable workers, and many courts are 
 worked to the limit; again, many judges who sometimes 
 appear to take life easy have a capacity in dispatching 
 business in a most satisfactory manner that far outdis- 
 tances in results their more laborious companions. So to 
 what extent there should be imposed upon the rapid work- 
 ing judge who is usually a highly nervous individual, suffi- 
 cient work to keep him employed as long in time as his 
 
40 
 O 
 
 more plodding brother is a litle difficult to answer. The 
 individual judge will, perhaps, think if he performs a fair 
 day's work in half the time he has discharged his obliga- 
 tion and the remaining time is his. And broad-minded 
 lawyers, who understand the value of a rapid-working and 
 efficient judge and understand the wear and tear inciden- 
 tal to such work will usually concede that it is quality of 
 work and not the plodding measuring of time for which 
 a judge is wanted. 
 
 A curious conception exists in the public mind in ref- 
 erence to the value of a judge who often is styled weak 
 but honest, and this self-same honesty is eagerly advanced 
 as a conclusive argument for the retention of such a judi- 
 cial officer, notwithstanding his acknowledged weakness. 
 No more dangerous judge exists than an honest weak one. 
 A corrupt judge, something rarely existing, when discov- 
 ered will soon cease to preside; an honest weak judge, 
 however, something far less rarely existing, will continue 
 to inefficiently and wrongfully administer justice in a most 
 determinedly self-conceived honest mannei', excused by 
 public sentiment for his honest motives and upheld by 
 the public press for his ruggedly honest principles, with 
 no consolation, however, to the wretched suitor, the victim 
 of an honest judicial mistake. But to honesty add ability, 
 and happy is the community that possesses him and, hav- 
 ing found him and proven him, it bears with impatience 
 any suggestion that he be changed for a new experiment in 
 this respect. But, assume there are sufficient judges, that 
 the latter are diligent workers and have ability as well as 
 honesty — a combination of conditions not unusually exist- 
 ing — and yet, nevertheless, the same usual complaint is 
 found of the slowness of legal procedure. It never occurs 
 to anyone that there must be a remedy. The complaint 
 has always existed, remedies have always been sought, the 
 complaint still remains and we are still as sanguine that a 
 remedy exists. It seems to me that tiring delay is inherent 
 in the situation. When a controversy arises and litigating 
 sides secure counsel much of the sparring for a favorable 
 position and a favorable conclusion consists in utilizing 
 
44 
 
 time, pro and con, so that this peculiar discomfort is one 
 of the features of litigation, just as paying counsel fees is 
 another feature and the uncertain lottery-like result is 
 still another feature. The rules of procedure, which have 
 developed through experience of the past, are constantly 
 being modified by new conditions, but these rules, however 
 modified, if conducive to fairness to all and partiality to 
 none, will almost surely work out so that those who on 
 both sides seek quick results will get such, and those who 
 on either side seek delays will get such, it being thus ap- 
 parent that the trouble is not with the rules, but with the 
 parties who are affected by them. 
 
 To illustrate: In Maryland a suit is commenced in 
 equity and a summons issued for the respondent to appear. 
 Why he is summoned to appear on the second Monday of 
 the following month and is allowed 15 days grace there- 
 after to appear, instead of being summoned to appear 
 within a few days and being allowed but a few days grace, 
 may seem to be a rule devised to promote unnecessary 
 delays. The situation admits of one of two courses, the. 
 defendant can appear without awaiting the return day or 
 waiting of the days of grace and thus expedite results, or 
 he may delay to the limit. But could the procedure have 
 been arranged more fairly and impartially, having fair 
 regard to public convenience and a not too lavish expendi- 
 ture in administering justice ? After the summons of the 
 defendant the latter is, in natural justice, entitled to a 
 j)eriod of grace to inform himself for what he is sued and 
 to enable him, if he should wish, to advise with his friends, 
 who usually are generous with their advice in aiding him 
 to select counsel. For this purpose of investigating the 
 complaint and employing counsel in an important and 
 intricate litigation 15 days are not too long. One rule 
 must stand for all, and to an unhappy defendant any liti- 
 gation will warrant in charity that many days grace. 
 When upon appearance by counsel, that the latter should 
 have a reasonable time to investigate the facts and law 
 of a case to enable him to make answer all must admit, 
 and, furthermore, must admit that, consistent with the 
 
45 
 
 performance of other professional engagements, 20 days, 
 the time allowed, is not too long. Indeed, if it is borne in 
 mind that every dispute has two sides — with the plaintiff 
 represented by counsel who may be possessed of all the 
 attainments to be found in the best-equipped lawyer, and 
 with the defendant's counsel equally skillful — what can 
 be expected of such opposing forces than a contest replete 
 with every device and feature for a successful issue to 
 ■each side. Inherent in such contest is a delay at various 
 stages of the case, and which delay one side or the other 
 may conceive to be unwarranted and a just cause of com- 
 plaint, and with positions, perhaps, in this respect very 
 likely reversed at other subsequent steps in the case. In 
 this matter of delay in legal procedure there is no end 
 of writing or discourses. The Appellate Court whose rou- 
 tine is discussed by a judge of an inferior court, himself 
 a model of earnestness and courtesy, will feel satisfied 
 with its own course, assured by the trials of past experi- 
 ence that the qualifications of its judges are as they should 
 be, that its rules of procedure for hearings are perfectly 
 satisfactory and that the limit of appeals to it as the court 
 of final resort are neither too liberal nor too restricted. 
 "Whereas they will regard with astonishment the condition 
 of the inferior courts, where dockets encumbered with 
 eases reaching almost to a thousand, will dispose of 
 scarcely a hundred in a year, leaving the remainder, some 
 to be taken up in the course of time, some to be settled by 
 the tired and disgusted litigants and others to be aban- 
 doned in despair at the helplessness of any disposition 
 within reasonable limits. 
 
 Now as to the remedy. Some will suggest more courts, 
 more judges and more juries. But the same troubles exist 
 in all large communities, and in some of these there are 
 as many courts, judges and juries as are conceded by 
 public sentiment to be requisite. The truth is that here 
 again the trouble is inherent in the situation. Probably 
 half of the cases brought are with little or no merit, each 
 case, good or bad, taking its turn on the calendar until 
 tried, if it ever is, and no one can pronounce on its merits. 
 
46 
 
 Vast minibers of them will fall by the wayside and never 
 be tried. If some meritorious cases fall with them it is one 
 of the inherent troubles of litigation. Griven a reasonable 
 number of courts, judges and juries, no one would advo- 
 vate doubling these at large public expense to dispose of 
 twice the number of cases now disposed of just to clear up 
 a docket which is possibly about half filled with fake cases. 
 Some will exclaim the trouble rests with the lawyers who 
 bring such cases. But how can this be when the lawyers, 
 as is most usually the case, are sincere in thus asserting a 
 client's rights — so sincere that, should the case be tried, 
 it will look by its method of handling as a most meritori- 
 ous case, worthy of the best attention of a legal tribunal. 
 And the very case that will thus look so worthy on a quick 
 opportunitj' for trial would likely be one of those that 
 would have fallen by the wayside by lapse of time, the fate 
 of probably two-thirds of all damage cases brought. The 
 trouble is not with courts or with counsel; it is with the 
 litigants themselves ; it belongs to the category of ' ' human 
 nature." Man, who is a fighting animal by nature, has 
 left to him in the society he has devised only the forum of 
 the courts for his individual contests. And many are as 
 quick to fight over small matters as large, for some minds, 
 even not otherwise ungenerous, magnify small matters of 
 self-interest into most vital issues, but as time passes and 
 the true proportions are more justly realized, the com- 
 bative disposition becomes so modified even to the point 
 of retiring. So that on the whole I think we are very well 
 satisfied with the existing conditions. 
 
 Another ethical principle impresses the obligation ab- 
 solutely on litigants and counsel to refrain from inter- 
 course with the members of the jury during the period of 
 a trial. 
 
 A matter which above all others appeals to the con- 
 scientious judge is the composition of the jury in the court 
 over which he presides. He can select his bailiffs, can 
 supervise the actions of his clerks, is expected to observe 
 the demeanor of counsel and subject them to control, if 
 need be, but a jury as ordinarily selected he must take as 
 
47 
 
 presented to him, conscious that certain elements affecting 
 •such jury renders a miscarriage of justice not unlikely and 
 yet completely beyond his control. I mean by "certain 
 elements ' ' not the mental traits and instinctive tendencies 
 to be found in twelve men from divers walks and occupa- 
 tions which often lead them to a common conclusion, often 
 curious and eccentric, but something decidedly more seri- 
 ous. This common conclusion of twelve such men, reached 
 in an unbiased way, may in most instances be exceedingly 
 right, but how often no bias and no improper influence 
 exists in any prominent case is worth most careful consid- 
 eration. To secure honest results in the constitution of a 
 jury has been the constant efforts of the courts, the law- 
 yers and the legislatures; with what success is best evi- 
 denced by the continual efforts to find better methods. 
 That the present method of selecting a jury is imperfect 
 scarcely needs demonstration to the comprehending 
 reader when it is remembered that in a city like that of 
 Baltimore, Maryland, for instance, they come from a list 
 of five hundred names drawn by ballot from a receptacle 
 of seven hundred, the latter of whom are selected by the 
 judges largely from the list furnished by the Tax Collector. 
 That the judges are in a position to exercise discrimina- 
 tion in selecting seven hundred names annually attributes 
 to them powers of personal popularity with their fellow- 
 citizens that would make them most excellent politicians. 
 The result is as must be expected — that this selection is 
 almost exclusively clerical and pro forma. As the Tax 
 Collector furnishes the lists, so the names go into the box, 
 with a few scattering assortments furnished by the judges 
 or through them by others who may be more or less inter- 
 ested in getting certain persons on the jury. It is not to be 
 supposed that the Tax Collector himself makes up the lists, 
 and it is to be borne in mind that in making up a list from 
 the tax books, containing the names of men and women, 
 residents and non-residents, those over 70 and under 25, as 
 well as between those two ages, who alone are jury eligi- 
 bles, the clerk who prepares the list must exercise judg- 
 ment and discrimination to prepare a list of names that 
 
48 
 
 can be utilized for jury material. So that we thus have' 
 as the fountain of supply for juries some subordinate offi- 
 cial in the tax office who has devolving upon him obliga- 
 tions in this position in complete disproportion to his 
 modest office and who must have the sterling character of 
 a Spartan to withstand all influences liable to affect the 
 jury stream. The result is as might be expected — that the 
 large corporations, who are constantly in court over dam- 
 age cases, each have a particular depaiiment which inves- 
 tigates juries. And in such damage suits, if the other side- 
 has not through counsel something equivalent to this 
 department, woe is their result. Often the ramifications 
 in this respect of specialists in damage cases lay away 
 over the corporations, for the agent of the corporation 
 who works for a salary lacks the incentive of the private 
 agent, who usually works for a contingent result. I can 
 best make all this more plain by an illustration: A case 
 I knew of involved prominent persons, a large amount and 
 occupied much time and labor in the trial. Counsel on 
 both sides, appalled at the work and time to be consumed, 
 earnestly maneuvered in advance for a compromise. The 
 plaintiff's counsel, who had been markedly solicitous to 
 settle, was, when the trial commenced, oblivious to any 
 issue save the certainty of a verdict for his side, his expres- 
 sion of perfect confidence being in marked contrast with 
 his previous desire to settle, and being based on no new 
 development in testimonj^ as the latter rather favored the 
 defense. Now, this lawyer was a gentleman of that unim- 
 peachable integrity that not the slightest suggestion 
 would occur in his mind, or in the mind of any other, that 
 any unusual influence was known to him to affect the jury 
 or some of its members toward his side. As the trial 
 progressed the defendant 's counsel received a visit from a 
 legal gentleman of modest attainments, who has since 
 retired from the practice of his profession and who was 
 known to the writer only by sight and, indeed, so slightly 
 that he would be unable to now give either his name or- 
 association, who announced the astonishing desire to assist 
 in the trial of this case. This aid, as was quickly told, 
 
49 
 
 was to take a peculiar form; he announced that there were 
 three members of the jury who, as he expressed it, could 
 be reached, and he desired to know if the defense wished 
 to engage his services in preventing the other side from 
 reaching them. It was difficult to ascertain the meaning 
 of an individual who worked in such devious ways, and, 
 answering him in the same implied way, he was told that 
 the counsel on the other side were men of too high char- 
 acter to lend themselves for a moment to such an act, and 
 that if there was observed the slightest evidence that the 
 jury had been in the slightest degree tampered with there 
 would be no let-up until there was brought to justice the 
 person guilty of such, whoever he might be, even the 
 closest friend. 
 
 The result of the trial, terminating in a disagreement, 
 convinced defendant's counsel that subjecting the jury- 
 men to a further strain of personal inconvenience and suf- 
 fering by holding them together must result to the def end- 
 ant 's disadvantage, so it earnestly contended with the 
 judge for their discharge; this the other side as earnestly 
 opposed. The judge, whose perfect impartiality, high 
 sense of justice and keen knowledge of human nature was. 
 universally recognized, acceded to thfe request and dis- 
 charged the jury, whereupon it was learned that the dis- 
 agreement was caused by three men who from start to finish 
 never varied in their undeviating espousal of the plain- 
 tiff's cause and who had expressed a willingness to hold 
 out until eternity. Now, to show how insidious is the 
 influence that can affect a jury under the system now in 
 vogue, it must be said that I cannot aver that any improper 
 influence, improper in any sense, was at work on this jury. 
 Indeed, I thought not then and I am entirely convinced 
 now that such was not the case. Nor could I say that the 
 three men who were siTch ardent champions for the plain- 
 tiff were aware that they were doing otherwise than 
 showing a high moral sense of obligation; such is human 
 nature. I further do not know that these three were 
 those my needy visitor referred to, and his statements may 
 have been pure romance, for I thought then, as I do now, 
 
50 
 
 that his scheme was a poor attempt to extract money, but 
 I can say that such a jiiry system permits the introduction 
 of jurors who by the very nature of their selection, from 
 one cause or another, in ways entirely past finding out, are 
 committed in advance to a particular side, and often with- 
 out consciousness on their part of the influence operating 
 on them, and furnish excellent opportunities for just such 
 pretentions as needy and unscrupulous schemers advance 
 in an effort to extract money from those who may be weak 
 enough to listen to their suggestions. To say that counsel 
 and judge are not fullj^ aware of these conditions affecting 
 a jury is to attribute to them a lack of discernment and 
 lack of comprehension that they do not possess. In some 
 ' localities resort is had to a jury commissioner as the pana- 
 cea for securing good and impartial juries, with what suc- 
 cess, however, is but illustrated by the critical analysis 
 to which any jury is subjected in every important case. 
 The impossibility of securing perfection in human affairs 
 is no better illustrated than in the jury system. Although 
 recognized by its devoted advocates as the best method 
 of trial ever devised, it is yet, nevertheless, conceded by 
 its same friends to be so uncertain in results as to resolve 
 any close contest to the category of pure speculation. Now, 
 in view of all these conditions it is unnecessary to demon- 
 strate that litigants and counsel owe strict allegiance to 
 the ethical rule that forbids any further intercourse be- 
 tween them and the jury than needful to the trial of the 
 matter in litigation. 
 
 Another most serious weakness exists in the forma- 
 tion of the juries, for the law provides that the sheriff 
 shall summon the parties whose names are drawn as fully 
 as he can and that the first twenty summoned by him 
 
 shall constitute the jury of the Court, the next 
 
 twenty of the Court, and so on through the re- 
 spective courts. Now, if the sheriff, either for mo- 
 tives of his own or to gratify certain interests or persons, 
 wishes the jury of a certain court to consist, as far as 
 possible, of certain men whose names have gotten into the 
 jury box in the way above alluded to and several of them 
 
51 
 
 liave been drawn, all life need do is to mark ' ' non est ' ' the 
 names in between until be is enabled to buncb together 
 for some particular court the names he wishes; thus, by 
 the statutory provisions of designating in advance the 
 particular names for the particular court, practically put- 
 ting in the power of the sheriff to assign to a certain ex- 
 tent the juries to a court. 
 
 A most important ethical principle forbids counsel 
 from indulging in discourtesy or ill-will toward each other. 
 The harmonious relation appearing to exist among law- 
 yers in their personal intercourse is a matter of ordinary 
 comment and is often referred to by that kindred profes- 
 sion, the medical, whose esprit ' ' de corps " is in sad con- 
 trast with the legal fraternity. The causes in each case is 
 not difficult to discover. A lawyer's work is mostly with 
 other lawyers. This may be facilitated by a spirit of 
 accommodation in matters not essential to the merits or 
 results, but saving greatly of personal labor and annoy- 
 ances. Not only is this reciprocal in the particular case, 
 but also in future cases. It may consist of small matters, 
 non-obstructive and personal courtesies, or it may enter 
 into the public relations of a trial, coloring the intercourse 
 and language of opposing counsel. It may often reach 
 deeper, affecting the allowance of fees to counsel and the 
 amounts of such. It will not be denied that this ethical 
 conduct of the profession is founded on a recognition of 
 the policy of self-interest, and that self-interest, is the 
 factor securing such conduct. While there is thus in every 
 case as to lawyers a mutual dependence, such a condition 
 does not extend to physicians, and as the intense rivalry 
 of lawyers makes them the more watchful not to antago- 
 nize an opponent to the point of enmity and thereby dis- 
 courtesy or disobliging, so the rivalry of the physicians, 
 who in their professional work are usually independent 
 of each other, affords them no stimulus of self-interest 
 to carefully guard as to their professional brethren. The 
 same condition exists in the relation between the bench 
 and the bar. No man except him who has experienced the 
 ordeals of a judge can write an account of his tribulations. 
 
52 
 
 He may appear to occupy a unique position of authority 
 and indeijendence, and yet he can narrate a chapter full 
 of the troublous exijeriences in the daily performance of 
 his judicial office. He is in touch with a small army of 
 lawyers, any of whom at one time or another will use every 
 fair art, and sometimes unfair, to secure from him a result 
 that some other with equal art is trying to prevent, and 
 with an issue, perhaps, that may probably be reviewed 
 with disaster and discomfort by an Appellate Court. In 
 a large part of his work he is obliged to rely for his action 
 and judgment upon the statement of counsel, the latter, 
 however honorable, influenced by a desire to secure results 
 for a client; and any mistake of the judge, while not sub- 
 jecting him to pecuniary liability, may be more disas- 
 trous in the criticism, public or private, affecting his good 
 name and reputation for ability, as well as fairness — criti- 
 -cism the no less hurtful because it may be guarded. 
 
 The ideal judge will be zealous for a reputation for 
 learning in his profession, will desire to be conceded as 
 impartial in his relations to those before him, will know 
 that he is regarded as courteous in his official intercourse 
 and will feel a pride in an earnest performance of his work 
 in a judicial manner. 
 
 Lawyers are by reason of their peculiar relations 
 fond of indulging in a certain character of gossip about 
 one another. By reason of their intimate relations with 
 each other in the conduct of their business they quickly 
 acquire an intimate knowledge of each other's personal 
 traits, and as among themselves any conversation in refer- 
 ence to the traits or peculiarities of another is keenly com- 
 prehended; it is not unnatural that such conversation 
 should partake of the character of gossip, scarcely ever 
 unamiable, but almost always entertaining, and often in- 
 tensely amusing. A few illustrations will not be amiss. 
 A judge to whom everything in life was a hard problem 
 and who decided each case on some principle or line of rea- 
 soning with which he was familiar and to whom all other 
 arguments were as attacks on a battlement encased in 
 ignorance, was one day complaining of the assurance dis- 
 
played by young lawyers in appearing before him to argue- 
 a case to which they had either not given sufficient study 
 in preparation or which, on the other hand, they presented 
 with such minuteness over A, B, C principles as to render 
 the trial a stiipid performance. He said they reminded 
 him of a young gentleman who in essaying his first effort 
 before the Court of Appeals was courteously reminded by 
 the chief judge that it was unnecessary to dilate so mi- 
 nutely upon simple elementary principles and that he 
 must assume that the court was entirely familiar with 
 such, to which reply was made by the young advocate, who 
 said that assuming such was precisely the mistakes he 
 had made in the court below. 
 
 The ethical rules affecting the charges of a lawyer are 
 necessarily general in their character, but soon become 
 pretty well known to counsel early in his professional life. 
 There is no more difficult question submitted to a lawyer 
 than the fixing of a fee. To say this must be determined 
 by the extent and character of the ;work, the length of time 
 consumed and the amount or issues involved is a very 
 simple statement, but involving in its practical applica- 
 tion serious problems, and in the solution of which few 
 greater are submitted to the lawyer's conscience. If a 
 client could actually observe all the work done by counsel 
 in some given matter he would usually better comprehend 
 the propriety of a charge. But as a great part of this work 
 consists in the studious reflection over the questions in- 
 volved, the consideration of authorities and the prepara- 
 tion of notes and papers, the client usually regards the- 
 consultations and court arguments — the only two features 
 of the work he sees — as a pleasant, easy method of daily 
 toil for which any great charge is a shock to his sense of 
 propriety. He usually thinks a very great fee goes with 
 a very great reputation, and if his affair in court is greatly 
 magnified in his mind, as it often is, a fairly large fee will 
 look to him more in proportion than a fairly small one. 
 Hence it is evident how this matter must be solved by the- 
 lawyer's conscience. 
 
 Very few persons, even the most skillful business men^ 
 
54 
 
 liave a just conception of a fair fee for a lawyer's services. 
 A very well-known business man and one prominent polit- 
 ically employed a lawyer to represent him in the prosecu- 
 tion of a case in court involving a very large claim, in 
 which another party had an interest and by which party 
 ihe lawyer had originally been employed. By agreement 
 the fee was to be 10 per cent, of the recovery. A success- 
 ful result was achieved with much less labor than antici- 
 pated, but with sufficient to make the lawyer feel he had 
 well earned the stipulated fee. This was willingly paid 
 by one of the parties, but the other, the politician, schem- 
 ing like, wished some specific advantage and appealed to 
 the lawyer therefor ; the latter, in his eagerness to satisfy, 
 «aid he would give him the advantage of 2I/2 per cent., 
 whereupon the politician, mistaking the intention and 
 very well satisfied with the supposed concession, said: 
 ^'Then you will charge me 7i/^ per cent.," and the lawyer, 
 who knew he had earned the 10 per cent, and was entitled 
 to it by his express contract, gratifyingiy acquiesced in 
 the 71/2 per cent., thereby receiving this amount instead 
 of 21/2 per cent., as he bad intended, namely, 5 per cent, 
 more than he had been willing to lose to gratify his polit- 
 ical client. Although the difference was nearly a thousand 
 dollars, yet a thousand more or less did not affect in the 
 ■client's mind the fairness or justice of the fee; so he got 
 a concession from a standard that had been willingly 
 acquiesced in by him as well as by his colitigant and was 
 the factor that made the matter entirely satisfactory to 
 him. And the lawyer was prevented from making a sacri- 
 fice of himself in order to keep a client in good humor. 
 
 In naming one 's fee tact suggests a procedure whereby 
 the mind of the client is furnished a standard familiar to 
 him. Where the legal service involves a recovery and the 
 payment of money the familiar per cent, is judicially em- 
 ployed. An example will illustrate : A lawyer collected for 
 a lady a mortgage debt of some thirteen hundred dollars 
 and charged twenty-five dollars. Upon remitting the col- 
 lection, less the fee, the client was quite indignant at the 
 •charge, saying she would willingly have paid 10 per cent., 
 
55 
 
 as she had inquired from friends and found this was the 
 usual charge, and she thought that her legal correspondent 
 should, therefore, return to her the remainder of the 
 charge beyond thirteen dollars. Upon his calling atten- 
 tion to the fact that 10 per cent, would have been more 
 than five times what he had in reality charged, she was 
 content to say no more, although in admitting his right 
 to charge 10 per cent, she had wanted him, in naming 
 thirteen dollars, to take only 1 per cent., and he had in 
 fact taken not quite 2 per cent. 
 
 In cases, however, where no money passes through an 
 attorney 's hands each character of cases furnishes certain 
 features that point out the way to a reasonable charge 
 and which will be acceded to ordinarily by clients as 
 guides in fixing a fee. In an ordinary piece of work if 
 the services of an attorney are needed outside of a court 
 case the ordinary business man has a keen appreciation 
 of the value of his own time, and he is reluctant to con- 
 cede that an attorney whom he employs is to be higher 
 rated than himself. A court case, however, such busi- 
 ness man recognizes out of his sphere, and he is apt to con- 
 sider such from the standpoint alone of how important it 
 is to him as affecting his pecuniary business or social 
 status, and he will very cheerfully pay a good-size fee on 
 a happy result and as reluctantly pay a very small fee on 
 a disastrous result. With him results alone count, very 
 justly, because he is no doubt convinced he is in the right. 
 It is no derogation to say the other side equally believes 
 he is in the right. It is a peculiarity of legal actions that 
 each side is firmly convinced of the righteousness of his 
 own cause. This is natural, for if it is a legal question 
 involved lawyers will legitimately differ in its solution; 
 if it is a question of fact, it will often require the learning 
 of Solomon to decide justly. There is nothing more diffi- 
 cult than to solve a legitimate difference between two prac- 
 tical men of affairs. Well-informed, intelligent business 
 men usually arrange their differences between themselves. 
 This may require straightforward conferences and mutual 
 concessions. 
 
5d 
 
 If after this no conclusion is reached and the matter 
 -drifts into Htigation, it may he conceived how difficult of 
 solution is the problem; here can be seen the value of a 
 skilled attorney, for with two sides each evenly poised, 
 that will win which is represented most skillfully ,_ and 
 hence the keen appreciation of such services by the litigant 
 and his willingness to suitably recognize such services in 
 the commensurate fee. Also, conversely exists the pique 
 and disgust of the losing side in bearing with ill grace the 
 •call for recompense for services in such a case. 
 
 It is rather curious in our present day to hear an 
 •elaborate discussion as to the rectitude displayed by 
 counsel in undertaking an unjust cause. 
 
 The difficulties of a case leave slight room for the almost 
 universal criticism of a lawyer who is supposed to espouse 
 an unjust caiise ; to a lawyer his side is seldom unjust. If 
 there is a legitimate difference to be decided the justice 
 of the decision is a matter with which he has no concern — ■ 
 ihat is, for the judge or jury ; his duty is fulfilled in extend- 
 ing to his side every aid of law or fact that will enable this 
 judge or jury to see it in the most favorable light. With 
 each side so represented a just result can in no better way 
 be assured. 
 
 One who understands the subject can never tire of dis- 
 cussing the uncertainties of litigation. Any litigated mat- 
 ter is usually pretty evenly balanced as to law and as to 
 fact. Hence the closely applied study of the advocate 
 will usually secure a favorable presentation of his side, 
 unless his opponent shall have evidenced closer and more 
 intelligent application. Consequently, which side makes 
 the better showing will often depend upon the respective 
 lawyers selected, and when selected upon their respective 
 industry in the litigation. Thus exists the first elements 
 of uncertainty. Then the judge who passes upon the ques- 
 tions of law presented by the respective lawyers will con- 
 stitute a particular type of human disposition of which 
 the many types are as greatly varied as our intercourse 
 with one another teaches us, so that here again is pre- 
 sented the opportunity for the industrious and versatile 
 
57 
 
 advocate with a keen insight into human nature and fur- 
 nishing to tlie decision the second element of uncertainty. 
 Then the jury of twelve men, who come from all walks of 
 life and who, if the whole or any of them are not swayed 
 "by self-interest, even remotely, should only be swayed 
 hy appeals to that sense of right and of justice, but often 
 are swayed by appeals or suggestions arousing their sjin- 
 pathies, and sometimes by such arousing their passions. 
 So that the favorable disposition of the jury depends to a 
 great extent upon the skill of the advocate who adds to his 
 legal knowledge, his industry and his understanding of 
 human nature that additional quality of address compris- 
 ing courteousness of manners and mental versatility that 
 induces the jury of twelve men to ' ' wish for the success ' ' 
 ■of his side; and thus thereby constitutes the third element 
 of uncertainty. It is not, therefore, surprising that the 
 older a lawyer becomes in experience the greater he is 
 inclined to adjust, if possible, his client's differences 
 rather than subject such to all the uncertainties of a varied 
 litigation. 
 
 So that we can with pleasing thoughts now consider 
 some of the features of that no mean art inculcated by 
 every code of legal ethics, the art of avoiding litigation 
 by settling cases out of court. If great learning in law, 
 great industry in work, great tact in dealing with human 
 nature usually bespeak success in the trial of a case, no 
 less are these same qualities evident in obtaining a happy 
 solution out of court. Such a settlement means much to 
 'Client and to counsel. A man who has never tasted the 
 ' ' sweets ' ' of litigation will be quick to fly to law for jus- 
 lice; he regards this as his shield and protection against 
 imposition and wrong. An experience, however, in this 
 line will arouse misgivings as to what extent the uncer- 
 tainties and the delays and the vexations of litigation 
 secure this justice he seeks. Ai;d he will usually in time 
 come to welcome the quiet, satisfactory result achieved by 
 the resourceful attorney who can get results outside of 
 court. 
 
 In most instances a controversv reaches counsel before 
 
58 
 
 it readies court, and it may be confidently stated that more 
 cases are settled out of court than reach court, and again 
 it may be stated with equal confidence that many of the 
 cases in court should never have reached there, but should 
 have been previously adjusted by settlement. As a settle- 
 ment must be made with the full assent of a client, it will 
 often follow that each side, being satisfied, will accept the 
 result as a signal victory to each respectively, with a com- 
 mensurate reward both in fee and reputation to counsel, 
 one of whom otherwise in the lottery of a trial would have 
 added to his misfortune in losing not only the labor of the 
 trial, but also the odium of the unfavorable issue. 
 
 If a lawyer in deliberating over his case finally decides 
 just what he believed his legal rights, he has secured the 
 basis of the claim he will advance whether in or out of 
 court. 
 
 The accuracy with which the cause is presented tO' 
 opposing counsel will go far toward securing a settlement. 
 The point is, without reference to how valuable or discur- 
 sive may be his reply, to state your case in such a way that 
 your opponent is convinced in his heart, so that he prefers 
 to settle and not to try it in court. To effectively win a 
 satisfactory settlement requires almost as much prepara- 
 tion as for trial. Thus only will a case be effectively pre- 
 sented to your opponent. The qualities of a successful ad- 
 vocate are here in evidence almost as much as in court. 
 Your courtesy will secure that favorable regard of your 
 opponent that will go far toward making the settlement 
 go in your favor. 
 
 IN THE PREPARATION OF A CASE FOR TRIAL 
 
 The first requisite is to ascertain all the facts bearing 
 upon the controversy in every minute detail — -not only 
 because small matters often influence results, but also be- 
 cause a knowledge of every detail will alone furnish to 
 the mind the true preparation of a case. 
 
 The labor needed may appear pure drudgery, but in 
 truth no more attractive work exists for the lawyer. He 
 
59 
 
 at once engages in an analysis which separates tlie true 
 from the apparent false, the basis of his judgment thereon 
 being his own experience, his logical deductions, his ascer- 
 tainment of motives and generally his knowledge of hu- 
 man nature. If he can obtain by such a process an accu- 
 rate and complete knowledge of the facts and can support 
 the truth of his conclusions by an array of his facts in such 
 a way as to force conviction upon the mind of another, 
 whether judge or jury, then his labor is rewarded by a 
 commensurate result. 
 
 The next requisite is to be certain that he understands 
 every principle of law bearing upon the controversy, that 
 he has the principle accurately and the correct application 
 of it to the peculiar facts. 
 
 When the facts and the law are thus ascertained one 
 is ready to do what any lawyer should engage in as pre- 
 liminary to the trial of a case, namely, make a book or 
 brief of his case. 
 
 This brief should be other than its name implies — elab- 
 orate in detail. Nothing should be allowed to escape, and 
 every feature of the trial should be anticipstted and put 
 down in his book. The more labor spent upon this, the 
 more thoroughly will the ease be tried on your side, the 
 less apt are surprises to be sprung by any development in 
 the case and the more assured is one of a satisfactory 
 result for his side. The statement which is to be made to 
 the jury of the nature of the controversy is the first subject 
 matter to be recited in the brief. This statement requires 
 great nicety to be made effective. It should furnish in 
 a simple, unaffected manner the nature of the controversy, 
 told in such a way as not to be partial or unfair, but so as 
 to enable the case to be seen from the standpoint of the 
 narrator, and stating the contention of the opponent in 
 such a way as the contrast, while not in his favor, should 
 still be so true that it cannot be bettered when the contra 
 statement is made. This character of statement can only 
 be arrived at by the thorough knowledge, before men- 
 tioned, of every minute detail of a case. 
 
 The reader enough interested to follow this narrative 
 
60 
 
 so far will now appreciate the one method highest in suc- 
 cess for securing advancement in the practice of the- 
 law. This method, so simple in theory, to most will appear 
 in practice difficult of attainment. In theory it is to attract 
 new business by one 's conduct of the business in hand, to 
 attract cases by the trial of cases. When a case is so con- 
 ducted that counsel's capacity is unquestioned a success is 
 the forerunner of further briefs. The performer must 
 possess every needed attribute, thorough familiarity with 
 each detail, critical analysis of every element, the closest 
 application, untiring labor, and an address and presence 
 pleasing and attractive in the highest degree. 
 
 In a trial your audience is the judge, jury, the parties 
 to the case and the witnesses, counsel in opposition and the 
 few spectators that attend from interest or curiosity. To 
 secure some subsequent case from the opposite side, either 
 from counsel or client, is not unusual to the successful ad- 
 vocate, who in his conduct of the trial has ingratiated 
 himself into the affections of his audience. Unfailing cour- 
 tesy, tender consideration for the respect due each person, 
 added to the thorough preparation for trial, will go far to 
 secure this pleasing result. 
 
 So, would the advocate ordinarily well equipped as a 
 lawyer gain his case, the special requisites are: 1. Accu- 
 rate knowledge of its facts and details. 2. Accurate 
 knowledge of the law applicable to it. 3. An address and 
 an adaptability to secure the favor of judge and jury. The 
 favor of the judge is gained by nothing more quickly than 
 fairness and frankness in the treatment of every feature 
 of the case, for such qualities inspire confidence, and to 
 secure judicial confidence is a long step toward a happy 
 issue. Equipped with the confidence of one's hearers 
 readily clears the approach to the heart and mind, and the 
 facts of a case can be so arranged as to assuredly either 
 prejudice or commend, as may be desired. A lawyer in his 
 intercourse with his associates at the bar is lucky if he 
 possess a leading principle, namely, honest frankness, for 
 recognition of this trait secures from all a tender consid- 
 eration for its possessor. Able lawyers are disposed, 
 
61 
 
 whether in or out of court, to be scrupulously exact in the 
 •observance of such principle. This is essential, whether 
 stating a fact or a legal theory, for the simple reason that 
 the statement is made to a competent critic. If of fact to 
 critically be examined with reference to the known condi- 
 tions usually affecting such fact, if of law to be tested by 
 the well-defined legal attributes controlling such. A vari- 
 ance, therefore, as to law or as to fact is readily discover- 
 able, to the confusion and disappointment of him who 
 practices thus and to the damage of his character and rep- 
 utation. Whereas an adherence to the simply rule alluded 
 to carries for its possessor the directly contrary result that 
 will secure for him the regard to which each believes him- 
 self entitled. 
 
 The qualities required for the practice of the law are 
 such as will secure business and dispatch it in or out of 
 court. 
 
 Those that secure business are qualities that attract 
 friendship and confidence ; friendship is attracted by cour- 
 tesy, tender consideration for the feelings and interests of 
 another, and the possession of these qualities of heart and 
 mind voiced in sentiments and expressions as render the 
 individual attractive. 
 
 One likes in another honor, truth, frankness, rectitude, 
 as well as to be well informed, intelligent. 
 
 Again, confidence is attracted by dignity of character, 
 by courteous consideration, by breadth of mental concep- 
 tion, by accuracy of reasoning and by exactness and repose 
 of expression of language. 
 
 Business is dispatched successfully in or out of court 
 by reason of a thorough understanding of the principles 
 of law and by reason of a close analysis and comprehen- 
 sion of the elements of the matter in controversy and a 
 "thoroughly prepared readiness in handling the matter be- 
 fore the proper forum. 
 
 If a lawyer has a good general education and has also 
 acquired a good legal education, the most valuable quality 
 for him to cultivate is retentiveness of memory, for he will 
 •constantly be required to draw upon this for ready refer- 
 
62 
 
 enee to legal principles as also to carry along complication 
 of facts that must be quickly arrayed to secure results. If 
 memory reinforces good judgment, accuracy in which is 
 also secured by training, a result in any given matter is 
 ordinarily assured. 
 
 In the intercourse with other lawyers one will have 
 curious experiences. In a large city of several hundred 
 thousand persons all the differences that arise sufficiently 
 serious to produce a conflict gravitate toward the lawyer, 
 and the whole bodj^ of lawyers in any community consti- 
 tutes a corps for the adjustment and settlement of all such 
 conflicts. An exceedingly small proportion get into court; 
 the others are settled without that ordeal. The lawyer, 
 therefore, as the representative of the community in such 
 a phase of it, is of all sorts and descriptions. An intimate 
 acquaintance with them, however, will disclose the almost 
 rmexceptionable possession of two marked characteris- 
 tics — one perfect fealty to the interests committed to his 
 care, and the other an unusually intelligent treatment and 
 disposition of such interests. This fealty, though often 
 not the conception of many of the public, is a natural attri- 
 bute; for, as the employment involves personal trust, only 
 by this trust being justified, namely, by fealty in the per- 
 formance of the trust, will the lawyer continue to acquire 
 his business. And for exactlj^ the same reason will the 
 subject usually receive intelligent treatment at his hands. 
 If it did not he would soon be bereft of business about 
 which to treat. 
 
 The fault to he assigned to counsel is, hence, not lack 
 of fealty, but sometimes a distorted conception of such, 
 namely, in the use of those expedients in furthering the 
 success of a cause as are open to criticism; for it must be 
 remembered that in legal as in all other contests there are 
 rules conceded to be applicable thereto, the disregard of 
 which brings only condemnation. These rules may be 
 generalized under the definition of such that enables a 
 case or a law matter to be conducted throughout in that 
 orderly manner that will secure a just result. No imposi- 
 tion of any sort is permissible, but only perfectly fair and 
 
63 
 
 honorable dealings, not only with the court and the jury, 
 hut with your opponent. No better guide to all this exists 
 than a well-trained conscience, and it must be left to this — 
 man's best possession — to settle myriads of questions that 
 no formulated rules can otherwise decide. 
 
 Notwithstanding the various sorts and descriptions of 
 lawyers, each endeavors to present a good appearance and 
 work a good impression, and of two men equally present- 
 able one may be in affluence and the other in poverty, and 
 the gradations each way from these extremes may be 
 almost infinite in variety and number, and yet all, from 
 their appearance, will receive equal consideration from 
 the courts and their associates, there being little or no 
 inquiry into the pecuniary status of counsel. Unlike a 
 merchant, his prosperity as a counselor does not depend 
 on pecuniary worth, and his capital in his occupation does 
 not consist of material wealth. 
 
 The lawyel'S are recruits from all walks of society. 
 An eminent lawyer is as liable to have had for his father 
 a mechanic, a laborer, or an ignorant emigrant with an 
 infinite line of like ancestry. The lawyer may be the 
 son of a Grerman, or of an Italian, or of a Frenchman, 
 or he may be English or Irish. There is likely to be rep- 
 resentatives of almost all nationalties and there will be 
 a number of Hebrews and there will alsobe some persons 
 of African descent. Of all the distinct type of lawyers 
 the Jew deserves special notice, His instinct for success 
 makes him peculiarly susceptible to those principles com- 
 monly recognized in the profession of law as contributing 
 to this result, with this distinction however, that without 
 exception he is quick to resent an imaginary reflection 
 and is rigidly exacting of the respect and consideration 
 he conceives his due. This sensitiveness of the Jew 
 verging sometimes on morbidness is so marked that it 
 must be due to some common cause. It may be partly 
 owing to his environment, but keeping this peculiarity in 
 mind one's relations with the lawyer of this race may be- 
 come not only pleasant and profitable but friendships will 
 be formed sincere and earnest that will last indefinitely. 
 
64 
 
 No more agreeable occupation can be pursued by an 
 intellectual man than the practice of the law. In the 
 preparation and study of a case every faculty of the mind 
 can be employed, memory is depended upon to recall the 
 ramification of legal principles involved with all their dis- 
 tinctions and qualifications, the reason is engaged in ap- 
 plying such principles, with explicit exactness to the facts 
 of the case, as also in deciding what are the facts material 
 and relevant culled from the great mass of matter in 
 which a complicated case is usually involved. Our senses 
 will furnish us with true conceptions of such and our 
 reasoning powers are reinforced by our imagination, that 
 enables one to apply analogies in so happy, striking and 
 pleasing manner as to captivate the mind of the listener. 
 The most agreeable result a lawyer can attain in the con- 
 sti'uction of an argument is to convert every dark feature 
 into an engaging one. Furthermore as the judicial mind 
 is usually so well balanced as to abhor pure appeals to 
 the sensibilities any dark feature developed on the other 
 side may be utilized by assigning to it a coloring which 
 by its nature it can bear for good and at the same time 
 intensifying the conclusions enforced by it in your favor. 
 You need not impute bad motive to your opponent — this 
 is ordinarily not over attractive — but as conduct is sus- 
 ceptible of various constructions depending on the motives, 
 bad or good, a fertility in discovering the latter coupled 
 with a result indicated in your favor is much more con- 
 ducive to your peace of mind, to securing the good will 
 of your opponent and enlisting the amiable consideration 
 of your hearers. 
 
 The rewards of the practice of the law are as bounti- 
 ful of happiness and comforts as any profession or occu- 
 pation. But with this single qualification however — it 
 depends upon aspirations. If one's idea in life is simply 
 to accumulate wealth this may be secm'ed better by trad- 
 ing, furnished through the career of a merchant or banker 
 or promoter. If one seeks ease and lack of responsibility 
 an employees position with stated salary and fixed hours 
 of labor will more nearly secure this than any other oc- 
 
 ep 1 3 
 
65 
 
 cupation in this uncertain world. If one is ambitious for 
 political honor and historical renown law may well furnish 
 the introductory schooling, but the need to elect will 
 early arise whether to leave the law for politics. 
 
 If one would engage in an intellectual pursuit of a 
 high order to which he will devote xinremitting labor, and 
 in which he will earn more than ample competency, the 
 ideal profession will be that of Jaw. His field for useful- 
 ness is only limited by his capacity for labor. He can 
 often bring greater relief to the broken spirit of a distressed 
 litigant, whether man or women, than will flow from all 
 the gentle ministration of the confessional and no healing 
 will be so quickly responsive as by the favorable issue of 
 a complicated litigation involving one's life, liberty and 
 fortune. His resourcefulness will enable him through 
 the myriad intricacies of legal principles to practice if he 
 choose the asceticism of a monk for truth, honor and 
 promptness and in his grasp of the facts that pertain to 
 the various activities of life with their analogies conse- 
 quently he need never feel obliged to indulge in any sen- 
 timent except such as is thoroughly consistent with his 
 own rectitude and the true welfare of others. 
 
 If he exhibits qualities of a high order, intellectual quali- 
 ties that evidence a cultured, well informed and thought- 
 ful mind, moral qualities that evidence an accurate con- 
 ception of right of justice and good judgment and posess 
 a personality that is agreeable it can be safely concluded 
 that as the community becomes aware of a lawyer of this 
 character, business will flow to him in ample degree, both 
 as to quality and quantity. 
 
 There is one feature of a lawyer's life thatpresents a 
 curious anomaly. His living and the support of those 
 dependant upon him flow exclusively from fees in the ab- 
 sence of any other income, and yet professional opinion 
 subordinates the matter of fees to that extent, that should 
 a lawyer admit he was practicing law exclusively for the 
 purpose of making fees, had adopted law as a medium 
 for accumulating he would be frowned upon by those ac- 
 cepted as the better members of the profession; and 
 
66 
 
 should his admissions in this respect acquire for him a 
 reputation, such would not likely conduce to his happiness 
 or well being. The reason of this is very plain; any one 
 in any profession or occupation who acquries the distinc- 
 tion of accumalatiug more than his colaborer will natur- 
 ally excite criticism. This criticism will often revolve a- 
 round the ways and methods of accumulation. Now 
 when it is borne in mind that the lawyer undertakes, 
 with his superior skill and learning the cause of another 
 and is the repository of such confidence, that the law 
 does not sanction the disclosure of what is confided to him, 
 it will be seen that his morality and fidelity to his trust, 
 leaves to him no opportunity for gain in the transaction 
 save his fee for his services. And that his confldental re- 
 lation requires this fee to be fixed with a due regard to 
 the interest and the welfare of his client. Sothatseeking 
 to engage in this profession, he by reason of the nature 
 of the employment, must studiously advance theinterests 
 of his clients in compliance with his undertaking, and 
 subordinate his own to that extent that such is not ad- 
 missable to be considered, if it should affect the result to 
 his client, and should not be considered, until that of his 
 clients is settled. 
 
 Again rectitude of conduct, moral probity and mental 
 accuracy are sought to that degree by the young lawyer, 
 that it assumes often the appearance of affectation and in 
 the ease of the old lawyer it often assumes such a 
 degree of self sufficiency that one fain believes it merits 
 the deference due unswerving feality to such ideals. But 
 if it is remembered that a lawyer's labor in life consists 
 of an appeals to a judge and to a jury supposedly without 
 bias and without prejudice or favor and that consequently 
 such appeal, the more accurate in fact, the more just in 
 conception, the more sincere and truthful in treat- 
 ment so the more apt to prevail; then remembering 
 this, we understand how one who must voice 
 such sentiments must also be effected by them and by 
 their influence in giving voice to their principles. 
 
 An ingenious and interesting problem is propounded 
 
67 
 
 when it is suggested that a lawyer's occupation is one of 
 high ideals and eminent usefulness in his espousing the 
 cause of a helpless litigant, who looks to him for succour 
 in time of great distress and threatened loss ; but likewise 
 it is suggested, that this litigant has an opponent in exact- 
 ly like situation, whose cause also is espoused by a legal 
 representative, who likewise is engaged for such client in 
 what he conceives an eciually meritorious labor. 
 
 Where on such an array is the value to humanity of 
 the lawyer's talents and labors, whichever of these liti- 
 gants succeeds is the loss of the other. Distress and sor- 
 row must surely come to one, elation and pleasure to the 
 other. As great damage appears to be done in the one 
 case as benefits in llie other. Do not the opposing labors 
 of counsel leave the situation so far as the general good 
 to humanity is concerned preciseh^ at the termination of 
 their labors, at cross purposes as at the commencement 
 ■of such labors. This often propounded problem is a 
 plausible, but entirely misleading conception of the la- 
 bors of a lawyer, and for a simple reason : In all the ex- 
 perience of mankind past and present no nobler and more 
 elevated character appears than that of the just judge. 
 The judge is just as he renders a just decision and the 
 decision can only be just as it comprehensively, intelli- 
 gently and accurately disposes of the matter to be de- 
 cided. No more thorough, complete and positive infor- 
 mation can be conveyed to him of the facts and argu- 
 ments for each side respectively, than that furnished by 
 the trained advocate for each side, so that with an ear- 
 nest presentation from the standpoint of each litigant, 
 the arbiter of their rights is in a position to decide in 
 such a way as appeals in the highest degree to the sense 
 of justice of the disinterested man, who as judge between 
 the parties seeks the truth and decides the right. 
 
 The prejudices of a lawyer are markedly peculiar in 
 one respect most men will voice their prejudices unre- 
 
68 
 
 strainedly, but will ordinarily not permit such to influence 
 them in their business relations, if conflicting with their 
 interest. The lawyer, however, assumes a position of 
 sharp contrast in that he will be exceedingly chary of ex- 
 pressing his prejudices, but nevertheless will undeviat- 
 ingly regard such in his attitude to others. 
 
 As prejudices are ordinarily founded on some reason, 
 these will be voiced or not as one is careful of the favor- 
 alile regard of the community. 
 
 Now men usually in their business advancement are 
 not affected by the opinion entertained of their personal 
 sentiments by the public, provided such sentiments be not 
 of that character to exclude them. The lawyer, however, 
 depends for his acquisition of work in the regard enter- 
 tained for him by others and so will exercise care to re- 
 frain from those expressions which will impair this re- 
 gard, or will be governed in his conduct by that course 
 whicli will indicate no compromise with principle, nor 
 concede convictions to the occasion — with a result that 
 prudence will suggest to him as well to repress the voicing 
 of his prejudices as also to govern his conduct by a strict 
 adherence to the recognized standard of right or wrong, 
 these two principles with reference to which prejudices 
 usually pertain. Such course leaves less opportunity to 
 subject him to adverse criticism, so hurtful to his repu- 
 tation and prosperit}^ 
 
 The acquisition of wealth is the dream of those who 
 are not seasoned to its trials. In one or two isolated lo- 
 calities and in a few isolated instances certain distin- 
 guished gentlemen have attained that happy state un- 
 touched by slander or calumny, but ordinarily to enjoy 
 the fame of wealth a lawyer must expect a severe strain 
 on his good name. 
 
G9 
 
 Big. fees are so few and far between and the work 
 they require so burdensome and absorbing that no great 
 opportunity offers in the field of acquisition. And should 
 one in the pursuit of his pi'ofession reach this condition 
 he will also possess that esteem of his professional breth- 
 ren of questionable comfort and pleasure. If he should 
 not excite envy, he jvill be lucky to escape criticism, 
 just or unjust, and for faults or acts imaginary or real, 
 and however just the criticism and however real the 
 faults, he is not less a shining mark by his distinction 
 of wealth. So that philosophy and prudence will dic- 
 tate so unobtrusive a career of money making on the 
 part of one eager in this respect that he will refrain 
 from conliding to his legal brethren the pecuniary pros- 
 perity he may enjoy. With large wealth his case will 
 be so isolated in character, that he need entertain no 
 surprise at the public sentiment of the profession being- 
 arrayed in the direction of where most of its members, 
 stand in this respect. Do not decide in consequence 
 that lawyers are more unaiiiiable than the balance of 
 the community. As a class the reverse is so. Their 
 obligation to and dependence upon one another is not cal- 
 culated to lessen amiability. But the instinctive feeling 
 of merit possessed by each person, whatever his pursuits, 
 and the inability of conceding to a rival the justice of a 
 superior reward will be as apt to reach the weak spot 
 in a lawyer as in any and all other professions and occu- 
 pations. 
 
 If a gentleman wishes to recommend himself to the 
 suffragists of the community for a judicial office, he 
 usually begins to consider whether his armor is vul- 
 nerable to attack from his colleagues in the profession. 
 If in his own estimation he passes proof in this, he 
 next considers what endorsements he can secure as to 
 
70 
 
 his legal eminence and attainment. He calculates that 
 some six or more good names, with age, respectability 
 and prominence back of them, will secure a sufficient 
 following in numbers to furnish to the public the neces- 
 sary impression. There will be no vei-y insuperable 
 difficulty in procuring these six or more good names, 
 and the gentlemen so contributing their respectability 
 to advancing the cause of the judicial aspirant will not 
 usually regard their conscience as involved in such en- 
 dorsements. 
 
 It will not be too rash to say that any respectable 
 and fairly well informed lawyer can, through his own 
 efforts and the efforts of a few friends, procure these 
 initiatory endorsements, knowing that with such ob- 
 tained the remainder follows as of course. The certifi- 
 cate or address and the innumerable signatures thereto 
 portrayed in public print constitute usually the first in- 
 timation to the public of the great merit possessed by 
 the gentleman who asks for its support. This, with the 
 backing of the political party whose principles he 
 espoused, is all the judicial seeker usually deems neces- 
 sary for his campaign for office. 
 
 Am^thing further he has been taught to think dero- 
 gates from the dignity that should attach to him who 
 seeks this office. It must need be said that this consti- 
 tutes quite a respectable method of political campaign. 
 If he be elected he will be at once clothed in public es- 
 teem with the sanctity, learning and ability that fall 
 upon his shoulders with the judicial mantle, and from 
 that time he, who with due deference and modesty may 
 have theretofore advanced his opinions, has been now 
 relegated to the seat to decide on the contending views 
 of earnest and determined' advocates. 
 
 The customary opinions i)ossessed by a certain por- 
 
\' 
 
 ,^ 
 
 s: 
 
16 
 
 tion of the public is tliat a lawyer is contentious, with- 
 out public spirit, possessed of no fixed principles, un- 
 truthful, ready to barter his talents for pay to the first 
 comer, without reference to right, justice or conscience 
 — and he who has the special reputation for cunning, 
 shrewdness and sharpness is usually accepted as the 
 ideal type — but yet when one of the public has occasion 
 to employ a lawyer he does so upon the principle that 
 he must select a man he can trust as to his integrity 
 and fealty, and possessed of the finest ability and learn- 
 ing to advocate successfully his cause and he would 
 shrink with horror from placing himself and his rights 
 in the keeping of the sharp practitioner. So that this 
 is one of those instances where expressed views are not 
 carried out in practice. A critical analysis of such 
 views will develop a misconception of the duties of coun- 
 sel. An earnest advocate arguing a cause with an op- 
 ponent of like character, will suggest a situation in 
 which one side must be right and the other wrong, and 
 yet the wrong side is contended for as determinedly, 
 without reference of the effect on the public — sustained 
 by an appeal to principle, and supported by an array of 
 truths — all in consequence of counsel having accepted 
 services for that side for the fee he receives. 
 
 Now the right and wrong of a case is for the decision^ 
 of a Judge or a jury; an advocate's duty consists in pre- 
 senting his side in its most effective lights to the tribunal 
 charged with its decision. The more effective each side 
 is thus presented, the more information possessed by the 
 deciding factor and the better position he occupies for 
 deciding rightfully. Within the bounds of law and legal 
 ethics the more earnest, industrious and devoted to his 
 cause, the more accurately does the advocate justly per- 
 form his functions as counsel for his clients, and there- 
 by whether he has represented the successful or unsuc- 
 cessful side does he by his learning, his close analysis of 
 his case and its forceful presentation contribute to that 
 full information and clear conception that must be pos- 
 sessed by Judge or Jury to efficiently dispense justice. 
 
74 
 
 Bar Associations, that modern form of combination 
 among lawyers, is often regarded by the public as a sort 
 of adult debating society, where the lawyers talk a great 
 deal and accomplish nothing, and the public looks upon 
 societies of this character whether of doctors, lawyers or 
 any other occupation or profession as a co-operative 
 method for entertainment, and cpnservative of self-inter- 
 est. The activities of the Bar Associations may not fully 
 reflect the high expectations raised on persual of its con- 
 stitution and by-laws or code of ethics, and the last fea- 
 ture will likely impress a disinterested observer looking- 
 for results as a great protection to all who indulge in de- 
 vious methods, in that it will deter honorable men wha 
 subscribe to such code and leave the field clear to others 
 willing to risk reputation in their acquisition and conduct 
 of business by methods condemned by such code. 
 
 The latent jsower of such an association usually is, how- 
 ever, with great accuracy comprehended by the fraternity,, 
 and whether Judge or Lawyer in or out of such associa- 
 tion, great respect is entertained for such. 
 
 No influence in the community furnishes to the lawyer 
 a more powerful deterrent to wrong or a greater incen- 
 tive to correct practices. 
 
 The art of advertising is practiced by a certain class of 
 legal gentlemen, often with great skill and often with 
 scant regard for truth. The scenic effect of a picturesque 
 narrative will open to the public an interesting recital of 
 domestic sorrows or of business trials, or of personal,, 
 f railities or shortcomings that only an expert will discern/ 
 through the casual and incidental connection of eminent 
 counsel named, that to this last feature was due alone the 
 skillfully written and richly enjoyed narrative. It is 
 no matter of wonder that any code of legal ethics will 
 pointedly condemn such self-seeking and it is also no 
 wonder that this art of proclaiming the marvelous merit 
 of counsel has attained such skill in portrayal in public 
 print that it is past the reach of any diSciplin for viola- 
 tion of legal ethics. It will be so condemned because it 
 is self-seeking in a profession in which real merit alone 
 
to 
 
 should recommend, and not the plaudits of self-adulation. 
 And it is past disciplining because past finding out the 
 person guilty of such maneuvering for trade. Since the 
 usual violator of this ethicial rule has attained such skill 
 that his intensely interesting production bears in every 
 feature the marks of the tried journalist and only a legal 
 opponent equally skilled in this art of public laudation 
 will with his intimate knowledge of the merits of a legal 
 controversy recognize the production so as to assign to it 
 its true origin. It is no unusual experience for the 
 daily journals to quote some favorite in this line on every 
 subject of public moment, where a lawyer's voice carries 
 weight, until finally the varied connection in which news- 
 paper notoriety portrays some particular individual, im- 
 presses on the public mind the conviction that our self- 
 seeking friend is universally recognized as a leader in his 
 profession, and justly entitled to the distinction which 
 the newspapers seem to accord him, and it will be only 
 the few wise ones that recognize the source of these in- 
 teresting accounts and who are also aware of the obliga- 
 tion under which the newspapers lay for so much inter- 
 esting reading matter, furnished to them in a form to be 
 at once turned into print without effort or expense, and 
 it will excite no wonder that one who engages the aid of 
 a "press agent" of skill, descretion and discernment will 
 achieve some of the fruits of legal advancement, that a 
 mere plodding and more able man will likely long for in 
 vain. But the adherence to ones principals will more 
 than compensate for any apparent disparity in the career 
 of him who fails to conform to ethical rules and in the 
 fate of him who regards alone the present supposed ad- 
 vantage by the violation of such rules. One compensa- 
 tion will be the respect and esteem of cotemporaries, who 
 will in course of time learn to accept one at his true 
 value, and who will assign no higher merit than to him 
 who tenaciously adheres to principle. Another compen- 
 sation will appear ia that in course of time the man who 
 thus adheres correctly to just principle will in any con- 
 test with an antagonist of more easy virtue have con- 
 
76 
 
 ceded to him the concurrence of those upon whom rest 
 the decision of such contest. 
 
 The critical observer will marvel at the status a per- 
 sistent advertiser enjoys. The ordinary public readily 
 accepts what appears in the news columns of the daily 
 journals as usually reliable. With the esteem he thereby 
 acquires an advertising attorney will also receive a cer- 
 tain character of deference from the more critical por- 
 tions of the community, a deference which exists usually 
 from a desire not to manifest personal antagonism, for 
 the latter suggestive so often of mere jealousy, is too 
 unattractive to thoughtful men. But however artistically 
 the career of such a self-seeker may have been worked up 
 in public print, yet in course of time, professional contem- 
 pories will recognize the situation, so that his position as 
 one of exclusion attaches to it such discomfort that if 
 wise he will either cease to any longer advertise his cases, 
 or if not wise he will cease to have had any longer any 
 cases to advertise. For of all adverse conditions a law- 
 yer can least submit to a spirit of exclusion, his depend- 
 ance as heretofore adverted to on other lawyers, and on 
 the judge and court officers, is the direct counter-part of 
 exclusion, and if he does not extinguish such a condition 
 in his career he will discover that the public to whom he 
 looked for his business, not getting the results they an- 
 ticipate, have left him without opportunity to further seek 
 in public print the favors they deny him. 
 
 The young lawyer will not be long in the engagement 
 of his professional experience without learning of an 
 opinion entertained by a certain part of the litigant com- 
 munity, namely that in the moral obliquity, they in gen- 
 eral assign to lawyers one trait in particular they dwell 
 upon, and that is that in a contest the losing side has sold 
 out to the other. This opinion is voiced sufficiently to- 
 impress one with curious emotions; indignation is 
 aroused, but one feels helpless in the face of the igno- 
 rance and stupidity that would reach the conclusion that 
 one side has sold out to the other. That the lawyers 
 on each side should be rogues, he who is imputed the 
 
77 
 
 buyer as well as he who is the seller, that the successful' 
 client is in the same category, paying his money to his 
 adversary's counsel all assume such a dense ignorance of 
 elementary human nature that one feels helpless in any 
 effort to refute such. The successful litigant quite content 
 to confine his payments to his own cause, is usually aware- 
 that any illegal contributions to a rogue is the forerunner 
 of many repetitions, destructive of peace of mind as well' 
 as pocket, and placing the subject not only in the class 
 of criminals, but causing a breach in moral integrity, in- 
 capable of repair. Then the surprising turpitude that 
 would suggest to counsel a payment to his roguish ad- 
 versary, leaving the buyer 's agent without a legal victory 
 and without its reward, assumes such distinguished un- 
 selfishness coupled with such moral weakness that one 
 instinctively concludes that this is an opinion not worth, 
 the attempt at refutation. 
 
 The friendships of the Bar formed by mutual inter- 
 course over professional matters are usually alone per- 
 sonal and do not extend to one's family or associations 
 outside, with the result that not based on any mutual 
 interests other than professional, lawyers very quickly 
 discover the good and bad points of a colleague or an- 
 tagonist, and these qualities that attract, such as gen- 
 tleness and amiability, coupled with mental strength and 
 sound judgment obtain familiar friends, while on the 
 other hand those qualities that indicate brusqueness of 
 manner and irritation of mind repel. A clear conception 
 of another's qualities, good or bad, will afford us material 
 for our peace of discourse, and if we would enjoy 
 the attractive virtues of the good we will soon quickly 
 learn to distinguish in our intercourse with others, so 
 as to assign to each what is in reality due. Another re- 
 sult of friendships formed in this way is that while based 
 alone on a conception of the personal qualities of an- 
 other and not on any tie of mutual interest, either fam- 
 ily, property or social, they last so long as professional 
 intercourse continues and are as strong as professional* 
 opportunity, affords further cultivation, resolving them- 
 
selves usually as a consequence into intimicies of ac- 
 quaintances rather than intimacies of friends. 
 
 After years of struggle the lawyer who has become 
 seared with age and experience will begin to think with a 
 life overflowing with professional activity that each one 
 of his days passed like its counter-part of many previous 
 days without any particular distinguishing marks, ex- 
 cept that the anticipation of the coming day had the 
 interest of the unknown and the unexpected in store. 
 Whereas, now past, it was not to be recalled, save as one 
 of a series of legal days which simply grow into weeks 
 and into months and years, until it was a marvel how a 
 long stretch of years had passed to be recalled to the mind 
 as to any event or experience more readily than the oc- 
 currence of the morrow. 
 
 A past event being merely a matter of memory, an im- 
 pression upon the mind, without reference to the future 
 at the time of its occurrence, when recalled is unasso- 
 ciated with the lapse of time. Hence he will contemplate 
 all in the past as of a day in duration, although stretch- 
 ing into years, whereas the days yet to arrive with their 
 events yet to occur possess for his mind an interest 
 coupled with an anticipation of the unknown ad meas- 
 ured by the lapse of what is to come. 
 
 One day in the future is therefore more to him than 
 years in the past, yet when the future has arrived, which 
 has been looked forward to as far distant, and shall have 
 passed, then retrospectively it will have appeared as 
 nothing in time. He will learn to regard with great com- 
 placency the future event to effect his happiness for ill 
 or well for previously long after this event was due its 
 possible non-materialization was looked back to with 
 wonder that so great either unconcern on the one hand or 
 uneasiness on the other should have been entertained at 
 the ill that forbode, or so great joy and satisfaction at 
 the great happiness that was in anticipation. 
 
 So that when he should have passed the period that has 
 inspired the youthful heart with a continuously new in- 
 centive to renewed energy, he will be able in the experi- 
 
79 
 
 ence of the past to contemplate with an even mind the 
 occurrences of the future, and accept all with an equal 
 acknowledgment to the fate that conferred all. 
 
 AMERICAN BAR ASSOCIATION. 
 CANONS OF PROFESSIONAL ETHICS. 
 
 I. 
 
 "There is certainly, without any exception, no profes- 
 sion in which so many temptations beset the path to 
 swerve from the line of strict integrity, in which so many 
 delicate and difficult questions of duty are continually 
 arising. There are pitfalls and mantraps at every step, 
 and the mere youth, at the very outset of his career, 
 needs often the prudence and self-denial, as well as the 
 moral courage, which belong commonly to riper years. 
 High moral principle is the only safe guide, the only torch 
 to light his way amidst darkness and obstruction." — 
 George Sharswood. 
 
 "Craft is the vice, not the spirit, of the profession. 
 Trick is professional prostitution. Falsehood is profes- 
 sional apostasy. The strength of a lawyer is in thorough 
 knowledge of legal truth, in thorough devotion to legal 
 right. Truth and integrity can do more in the profes- 
 sion than the subtlest and wiliest devices. The power of 
 integrity is the rule ; the power of fraud is the exception. 
 Emulation and zeal lead lawyers astray; but the gen- 
 eral law of the profession is duty, not success. In it, as 
 elsewhere in human life, the judgment of success is but 
 the verdict of little minds. Professional duty, faithfully 
 and well performed, is the lawyer's glory. This is 
 equally true of the Bench and of the Bar." — Ryan, of 
 Wisconsin. 
 
 "Discourage litigation. Persuade your neighbors to 
 compromise whenever you can. Point out to them how 
 the nominal winner is often a real loser — in fees, ex- 
 penses and waste of time. As a peacemaker, the lawyer 
 has a superior opportunity of being a good man. Never 
 
80 
 
 ■stir up litigation. A worse man can scarcely be found 
 than one who does this. Who can be more nearly a fiend 
 than he who habitually overhauls the register of deeds in 
 search of defects in titles, whereupon to stir up strife and 
 put money in his pocket? A moral tone ought to be en- 
 forced in the profession which would drive such men out 
 of it." — Abraham Lincoln. 
 
 I. Peeamble. 
 
 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 of its administration. The future of the 
 Eepublic, to a great extent, depends upon our mainte- 
 nance 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 ap- 
 proval of all just men. 
 
 II. 
 
 The Canon of Ethics. 
 
 No code or set of rules can be framed, which will par- 
 ticularize 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 SBecifically mentioned : 
 
 1. Duties of Lawyers to Courts and Judical Officers. 
 The law enjoins respect for Courts and for judicial offi- 
 cers for the sake of the ofiice, and not for the sake of the 
 individual who for the time being administers its func- 
 
SI 
 
 lions. A bad opinion of the incumbent, however well 
 founded, cannot justify withholding from him the defer- 
 ence due the office while he is administering it. The 
 proprieties of the judicial station limit the ability of 
 Judges to defend themselves, and in the discharge of their 
 duties, Courts and judicial officers always should receive 
 the support and countenance of the Bar against unjust 
 criticism and popular clamor. 
 
 2. The Selection of Judges. It is the duty of the Bar 
 to endeavor to prevent political considerations from out- 
 weighing judicial fitness in the selection of Judges. It 
 should protest earnestly and actively against the appoint- 
 ment or election of those who are unsuitable 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 em- 
 barrass their free and fair consideration of questions be- 
 fore them for decision. The aspiration of lawyers for 
 judicial position should be governed by an impartial esti- 
 mate of their ability to add honor to the office and not 
 by a desire for the distinction the position may bring to 
 themselves. 
 
 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 rela- 
 tions of the parties, subject both the Judge and the lawyer 
 to misconstructions of motive and should be avoided. A 
 lawyer shotild not communicate or argue privately with 
 the Judge as to the merits of a pending cause, and he de- 
 serves 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 denial or diminution of the 
 courtesy and respect due the Judge's station, is the only 
 proper foundation for cordial personal and official rela- 
 tions between Bench and Bar. 
 
 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 al- 
 
ways exert his best efforts in his behalf. 
 
 5. Defending One Whom Advocate Believes to he- 
 Guilty. A lawyer may undertake with propriety the de- 
 fense of a person accused of a crime, although he knows 
 or believes him guilty, and having undertaken it, he is 
 bound by all fair and honorable means to present such 
 defenses as the law of the land permits, to the end that no 
 person may be deprived of life or liberty but by due pro- 
 cess of law. 
 
 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 circutnstances of his relations to the 
 parties, and any interest in or connection with the con- 
 troversy, which might influence the client in the selection 
 of counsel. 
 
 It is unprofessional to represent conflicting interests in 
 the same suit or transaction, 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 re- 
 quires him to oppose. 
 
 The obligation to represent the client with undivided 
 fidelity and not to divulge his secrets or confidences for- 
 bids also the subsequent acceptance of retainers or em- 
 ployment from others in matters adversely affecting any 
 interest of the client with respect to which confidence has 
 been reposed. 
 
 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 after frank advice from counsel. A lawyer should 
 decline association as colleague if it is objectionable to 
 the original counsel. If the lawyer first retained is re- 
 lieved, another may come into the case, but efforts, direct 
 or indirect, in any way to encroach upon the business of 
 another lawyer are unprofessional. 
 
 When lawyers jointly associated in a cause cannot 
 
83 
 
 agree as to any matter vital to the interest of the client, 
 the conflict of opinion should be frankly stated to him for 
 Ms final determination as to the course to be pursued. 
 His decision should be accepted unless the nature of the 
 difference makes it impracticable for the lawyer whose 
 judgment has been overruled to co-operate effectively. In 
 this event it is his duty to ask the client to relieve him. 
 
 8. Advising Upon the Merits of a Client's Cause. A 
 lawyer should endeavor to obtain full knowledge of his 
 client's cause before advising thereon, and he is bound to 
 give a candid opinion of the merits and probable result of 
 pending or contemplated litigation. The miscarriages to 
 which at times justice is subject, by reason of surprises 
 and disappointments in evidence and witnesses, and 
 through mistakes of jurors and errors of Courts, even 
 though only occasional, admonish lawyers to beware of 
 bold and confident assurances to clients, especially where 
 ihe employment may depend upon such assurance. When- 
 ever the controversy will admit of fair adjustment, the 
 client should be advised to avoid or to end the litigation. 
 
 9. Negotiations with Opposite Party. A lawyer should 
 not in any way communicate upon tlae subject of con- 
 troversy with a party represented by counsel; much less 
 should he undertake to negotiate or compromise the mat- 
 ter with him, but should deal only with his counsel. It is 
 incumbent upon the lawyer most particularly to avoid 
 everything that may tend to mislead a party not repre- 
 sented by counsel, and he should not undertake to advise 
 him as to the law. 
 
 10. Business Dealings tvith Clients. Lawyers should 
 avoid becoming either borrowers or creditors of their 
 clients; and they should scrupulously refrain from bar- 
 gaining about the subject matter of their litigation. 
 
 11. Dealing with Trust Property. Money of the client 
 or other trust property coming into the possession of the 
 lawyer should be reported promptly, and except with the 
 client's knowledge and consent should not be commingled 
 with his private property or be used by him. 
 
84 
 
 12. Fixing the Amount of the Fee. In fixing fees^ 
 lawyers should avoid charges which overestimate their 
 advice and services, as well as those which undervalue 
 them. A client 's ability to pay cannot justify a charge in 
 excess of the value of the service, though his poverty may 
 require a less charge, or even none at all. The reason- 
 able requests of brother lawyers, and of their widows and 
 orphans without ample means, should receive special and 
 kindly consideration. 
 
 In determining the amount of the fee, the following ele- 
 ments should be considered: (1) the time and labor re- 
 quired, the novelty and difficulty of the questions involved 
 and the skill requisite properly to conduct the cause; (2) 
 whether the acceptance of employment in the particular 
 case will preclude the lawyer's appearance for others in 
 cases likely to arise out of the transaction, and in which 
 there is a reasonable expectation that otherwise he would 
 be employed, or will involve the loss of other business 
 while employed in the particular case or antagonisms 
 with other clients; (3) the customary charges of the Bar 
 for similar services : (4) the amount involved in the con- 
 troversy and the benefits resulting to the client from the 
 services : (5) the contingency or the certairity of the com- 
 pensation; and (6) the character of the employment,, 
 whether casual or for an established and constant client. 
 No one of these considerations in itself is controlling. 
 They are mere guides in ascertaining the real value of the 
 service. 
 
 In fixing fees it should never be forgotten that the pro- 
 fession is a branch of the administration of justice and 
 not a mere money-getting trade. 
 
 13. Contingent Fees. Contingent fees where sanc- 
 tioned by law should be under the supervision of the 
 Court in order that clients may be protected from unjust 
 charges. 
 
 14. Suing a Client for a Fee. Controversies with 
 clients concerning compensation are to be avoided by the 
 lawyer so far as shall be compatible with his self-respect 
 and with his right to receive reasonable recompense for 
 
85 
 
 Ms services ; and lawsuits with, clients should be resorted 
 to only to prevent injustice, imposition or fraud. 
 
 15. How Far a Lawyer May Go in Supporting a 
 Client's Cause. Nothing operates more certainly to 
 create or to foster popular prejudice against lawyers as a 
 class and to deprive the profession of that full measure of 
 public esteem and confidence which belongs to the proper 
 discharge of its duties than does the false claim, often set 
 up by the unscrupulous in defense of questionable trans- 
 actions, that it is the duty of the lawyer to do whatever 
 naay enable him to succeed in winning his client's cause. 
 
 A lawyer "owes entire devotion to the interest of his 
 client, warm zeal in the maintenance and defense of his 
 cause and the exertion of the utmost skill and ability, ' ' to 
 the end that nothing may be taken or withheld from him, 
 save by the rules of law, legally applied. Nevertheless, 
 it is steadfastly to be borne in mind that the great trust 
 is to be performed within and not without the bounds of 
 the law. The office of attorney does not permit, much 
 less does it demand for any client, violation of law or any 
 manner of fraud or chicanery. No lawyer is justified in 
 substituting another 's conscience for his own. A lawyer 
 should not do for a client what his sense of honor would 
 forbid him to do for himself. 
 
 16. Restraining Clients from Improprieties. A law- 
 yer should use his best efforts to restrain and to prevent 
 his clients from doing those things which the lawyer him- 
 self ought not to do, particularly with reference to their 
 conduct towards Courts, judicial officers, jurors, wit- 
 nesses and suitors. If a client persists in wrongdoing to 
 the detriment of the administration of justice, the lawyer 
 should terminate their relation. 
 
 17. Ill-feeling and Personalities Between Advocates. 
 Clients, not lawyers, are the litigants. Whatever may be 
 the ill-feeling existing between clients, it should not be 
 allowed to involve counsel in their conduct and demeanor 
 toward each other or toward suitors in the case. All per- 
 sonalities between counsel should be scrupulously 
 avoided. In the trial of a cause it is indecent to allude to 
 
8G 
 
 the personal history or the personal peculiarities and 
 idiosyncrasies of counsel on the other side. Personal 
 colloquies between counsel which cause delay and pro- 
 mote unseemly wrangling should also be carefully 
 avoided. 
 
 18. Treatment of Witnesses and Litigants. A lawyer 
 should always treat adverse witnesses and suitors with 
 fairness and due consideration, and he should never minis- 
 ter to the malevolence or prejudices of a client in the trial 
 or conduct of a cause. The client cannot be made the 
 keeper of the lawyer's conscience in professional matters. 
 He cannot demand as of right that his counsel shall abuse 
 the opposite party or indulge in offensive personalities. 
 Improper speech is not excusable on the ground that it is 
 what the client would say if speaking in his own behalf. 
 
 19. Appearance of Lawyer as Witness for His Client. 
 When a lawyer is a witness for his client, except as to 
 merely formal matters, such as the attestation or custody 
 of an instrument and the like, he should leave the trial of 
 the case to other counsel. Except when essential to the 
 ends of justice, a lawyer should avoid testifying in Court 
 in behalf of his client. Similarly it is improper for a 
 lawyer to assert in argument his personal belief in his 
 client's innocence or the justice of his cause. 
 
 20. Newspaper discussion of Pending Litigation. 
 Newspaper publications by a lawyer as to pending or 
 anticipated litigation may interfere with a fair trial in 
 the Courts and otherwise prejudice the due administra- 
 tion of justice. Generally they are to be condemned. If 
 the extreme circumstances of a particular case justify a 
 statement to the public, it is unprofessional to make it 
 anonymously. An ex parte reference to the facts should 
 not go beyond quotation from the records and papers on 
 file in the Court ; but even in extreme cases it is better to 
 avoid any ex parte statement. 
 
 21. Punctuality and Expedition. Lawyers owe it to 
 the Courts and to the public, whose business the Courts 
 transact, as well as to their clients, to be punctual in at- 
 tendance, and to be concise and direct in the trial or dis- 
 
position of their causes. They should try their cases on 
 the merits, and should not resort to any legal technicali- 
 ties not necessary to establish the merits. 
 
 22. Candor and Fairness. The conduct of the lawyer 
 before the Court and with other lawyers should be charac- 
 terized by candor and fairness. 
 
 It is not candid or fair for the lawyer in opening his 
 case, to mislead his opponent by concealing or withhold- 
 ing positions upon which he then intends finally to rely ; 
 or in argument to assert as a fact that which has not been 
 proved; or knowingly to mis-quote the contents of a paper, 
 the testimony of a witness, the language or the argument 
 of opposing counsel, or the language of a decision or a 
 text-book; or with knowledge of its invalidity, to cite as 
 authority a decision that has been overruled, or a statute 
 that has been repealed. 
 
 It is unprofessional and dishonorable to deal other than 
 candidly with the facts in taking the statements of wit- 
 nesses, in drawing affidavits and other documents, and in 
 the presentation of causes. 
 
 A lawyer should not offer evidence, which he knows the 
 Court should reject, in order to get the same before the 
 jury by argument for its admissibility, nor should he ad- 
 dress to the Judge arguments upon any point not prop- 
 erly calling for determination by him. Neither should he 
 introduce into an argument, suitably addressed -to the 
 Court, remarks or statements intended to influence the 
 jury or by-standers. 
 
 These and all kindred practices, appropriately termed 
 "pettifoggery," are unprofessional and unworthy of an 
 officer of the law charged, as is the lawyer, with the duty 
 of aiding in the administration of justice. 
 
 23. Attitude Toivard Jury. All attempts to curry 
 favor with juries by fawning, flattery or pretended solici- 
 tude for their personal comfort are unprofessional. Sug- 
 gestions of counsel, looking to the comfort or convenience 
 of jurors, and propositions to dispense with argument, 
 should be made to the Court out of the jury's hearing. 
 A lawyer must never converse privately with jurors about 
 
the case ; and both before and during the trial he should 
 avoid communicating with them, even as to matters for- 
 eign to the cause. 
 
 24. Right of Laivyer to Control the Incidents of the 
 Trial. As to incidental matters pending the trial, not af- 
 fecting the merits of the cause, or working substantial 
 prejudice to the rights of the client, such as forcing the 
 opposite lawyer to trial when he is under affliction or 
 bereavement ; forcing the trial on a particular day to the 
 injury of the opposite lawyer when no harm will result 
 from a trial at a different time ; agreeing to an extension 
 of time for signing a bill of exceptions, cross interroga- 
 tories and the like, the lawyer must be allowed to judge. 
 In such matters no client has a right to demand that his 
 counsel shall be illiberal, or that he do anything therein 
 repugnant to his own sense of honor and propriety. 
 
 25. Taking Technical Advantage of Opposite Counsel; 
 Agreements With Him. A lawyer should not ignore 
 known customs or practice of the Bar or of a particular 
 Court, even when the law permits, without giving timely 
 notice to the opposing counsel. As far as possible, im- 
 portant agreements, affecting the rights of clients, should 
 be reduced to writing ; but it is dishonorable to avoid per- 
 formance of an agreement fairly made because it is not 
 reduced to writing, as required by rules of Court. 
 
 26. Professional Advocacy Other Than Before Courts. 
 A lawyer openly, and in his true character may render 
 professional services before leg'islative or other bodies, 
 regarding proposed legislation and in advocacy of claims 
 before departments of the government, upon the same- 
 principles of ethics which justify his appearance before • 
 the Courts; but it is unprofessional for a lawyer so en- 
 gaged to conceal his attorneyship, or to employ secret 
 personal solicitations, or to use means other than those 
 addressed to the reason and understanding to influence 
 action. 
 
 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 
 
89 
 
 establisliment of a well-merited reputation for profes- 
 sional 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 busi- 
 ness cards, being a matter of personal taste or local cus- 
 tom, and sometimes of convenience, is not per se im- 
 proper. But solicitation of business by circulars or ad- 
 vertisements, or by personal communications or inter- 
 views, not warranted by personal relations, is unprofes- 
 sional. 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 ex- 
 change for executorships or trusteeships to be influenced 
 by the lawyer. Indirect advertisement for business by 
 furnishing or inspiring newspaper comments concerning 
 causes in which the lawyer has been or is engaged, or con- 
 cerning the manner of their conduct, the magnitude of the 
 interests involved, the importance of the lawyer's posi- 
 tions, and all other like self -laudation, defy the traditions 
 and lower the tone of our high calling, and are intoler- 
 able. 
 
 28. Stirring Up Litigation, Directly or Through 
 Agents. It is unprofessional for a lawyer to volunteer 
 advice to bring a law suit, except in rare cases where ties 
 of blood relationship or trust make it his duty to do so. 
 Not only is stirring up strife and litigation unprofes- 
 sional, but it is disreputable in morals, contrary to public 
 policy and indictable at common law. No one should be 
 permitted to remain in the profession who hunts up de- 
 fects in titles or other causes of action and informs there- 
 of in order to be employed to bring suit, or who breeds 
 litigation by seeking out those with claims for personal 
 injuries or those having any other grounds of action in 
 order to secure them as clients, or who employs agents or 
 runners for like purposes, or who pays or rewards, di- 
 rectly or indirectly, those who bring or influence the bring- 
 ing of such cases to his office, or who remunerates police- 
 men, Court or prison officials, physicians, hospital at- 
 
90 
 
 taches or others who may succeed, under the guise of 
 giving disinterested friendly advice, in influencing the 
 criminal, the sick and the injured, the ignorant or others, 
 to seek his professional services. A duty to the public 
 and to the profession devolves upon every member of the 
 Bar, having knowledge of such practices upon the part of 
 any practitioner, immediately to inform thereof to the 
 end that the offender may be disbarred. 
 
 29. Upholding the Honor of the Profession. Lawyers 
 should expose without fear or favor before the proper 
 tribunals corrupt or dishonest conduct in the profession, 
 and should accept without hesitation employment against 
 a member of the Bar who has wronged his client. The 
 counsel upon the trial of a cause in which perjury has 
 been committed owe it to the profession and to the public 
 to bring the matter to the knowledge of the prosecuting 
 authorities. A lawyer should aid in guarding the Bar 
 against the admission to the profession of candidates 
 imfit or unqualified because deficient in either moral 
 character or education. He should strive at all times to 
 uphold the honor and to maintain the dignity of the pro- 
 fession and to improve not only the law but the adminis- 
 tration of justice. 
 
 30. Justifiable and Unjustifiable Litigations. A law- 
 yer must decline to conduct a civil cause or to make a de- 
 fense when convinced that the purpose is merely to harass 
 or injure the opposite party, or to work oppression and 
 wrong. 
 
 He may counsel and maintain only such actions and 
 proceedings as appear to him just. His appearance in 
 Court should be deemed equivalent to an assertion, on 
 his honor, that in his opinion his client is justly entitled 
 to some measure of relief refused by his adversary. Upon 
 that measure he may insist, though he disapprove his 
 client's character. 
 
 .31. Responsibility for Litigation. No lawyer is 
 obliged to act either as adviser or advocate for any per- 
 son who may wish to become his client. He has the right 
 to refuse retainers. Every lawyer must decide what busi- 
 
91 
 
 ness lie will accept as counsellor, what causes lie will bring- 
 into Court for plaintiffs, what cases he will contest in 
 Court for defendants. The responsibility for advising 
 questionable transactions, for bringing questionable 
 suits, for urging questionable defenses, is the lawyer's 
 responsibility. He cannot escape it by urging as an 
 excuse that he is only following his client's instructions. 
 
 32. The Lawyer's Duty in Its Last Analysis. No 
 client, corporate or individual, however powerful, nor any 
 cause, civil or political, however important, is entitled to' 
 receive, nor should any lawyer render, any service or 
 advice involving disloyalty to the law whose ministers we 
 are, or disrespect of the judicial office, which we are 
 bound to uphold, or corruption of any person or persons 
 exercising a public office or private trust, or deception or 
 betrayal of the public. Wlien rendering any such im- 
 proper service or advice, the lawyer lays aside his robe of 
 office, and in his own person invites and merits stern and 
 just condemnation. Correspondingly, he advances the 
 honor of his profession and the best interests of his client 
 when he renders service or gives advice tending to im- 
 press upon the client and his undertaking exact compli- 
 ance with the strictest princiiples of moral law. He must 
 also observe and advise liis 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 con- 
 scientiously believes to be its just meaning and extent. 
 But above all a lawyer will find his highest honor in a de- 
 served reputation for fidelity to private trust and to 
 public duty, as an honest man and as a patriotic and loyal 
 citizen. 
 
 III. 
 
 Oath op 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,, 
 
92 
 
 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 : 
 
 / DO SOLEMNLY SWEAR : 
 
 I will support the Constitution of the United 
 States and the Constitution of the State of 
 
 I tvill maintain the respect due to Courts of 
 Justice and judicial officers; 
 
 I will counsel and maintain only such actions, 
 proceedings and defenses as appear to me legally 
 debatable and just, except the defense of a per- 
 son charged ivith a public offense; 
 
 I ivill employ for the purpose of maintaining 
 the causes confided to me such meaftis only as are 
 consistent ivith truth and 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 in- 
 violate the secrets of my client, and ivill accept 
 no compensation in connection with his business 
 except from him or with his knoivledge and ap- 
 proval; 
 
 I will abstain from all offensive personality, 
 and advance no fact prejudicial to the honor or 
 reputation of a party or ivitness, unless required 
 by the justice of the cause tvith which I am 
 charged; 
 
 I ivill never reject, from any consideration per- 
 sonal to myself, the cause of the defenseless or 
 oppressed, or delay any man's cause for lucre 
 or m,alice. 
 SO HELP ME GOD.