Page:The Green Bag (1889–1914), Volume 20.pdf/481

 The Green PUBLISHED MONTHLY AT #4.00 PER ANNUM. SINGLE NUMBERS 50 CENTS. Communication* in regard to the contents of the Magazine should be addressed to the Editor, S. R. WRIGHTINGTON, 31 State Street, Boston, Mass. Tha Editor will be glad to receive contributions of articles of moderate length upon subjects of intereit to the profession; also anything in the way of legal antiquities, facet/a, and anecdotes.

THE PRELIMINARY DRAFT OF OUR CODE OF ETHICS The preliminary draft of the code of ethics prepared by the committee of the American Bar Association, which has recently been dis tributed to members for criticism, does not purport to do more than codify existing stand ards of conduct. It is not a reforming docu ment. It does, however, crystallize the better sentiment of the profession in opposition to admitted abuses and will furnish a base from which advance from time to time may be made. The most important part of the code relates to the difficult problem of the relation of lawyer to his client and to the court. In this first draft, unfortunately, this subject is treated from slightly different points of view in four different sections. Section 15 is entitled " How far a lawyer may go in supporting his client's cause." Section 16, " Restraining a client from improprieties." Section 22, " Candor and fairness." Section 32, " The lawyer's duty in its last analysis." These sections to a certain extent are open to the criticism made by Mr. Boston in his article in our April number in that they are frequently argumen tative rather than expository. In substance they will be accepted and the specific sugges tions in section 22 will be helpful. It would seem, however, that in the final draft these sections might well be consolidated or brought into closer relation and given the most impor tant place at the end of the code. In brief they call for candor and fairness toward the court and the opposing counsel and require that a lawyer should not do for a client what his sense of honor would forbid him to do for himself. Perhaps it would be safer to substitute " a high sense of honor " for " his sense of honor," since the code will be chiefly useful in dealing with members of the bar whose sense of honor is not discernible. Since our profession combines

the duties of barrister and solicitor, these simple principles are all that can be laid down for our guidance, which must be left to vigorous enforcement by the bench through rules that may be developed in consequence of the adoption of this code. If the code were a reforming document, clause 5 might be worthy of further considera tion. This states the accepted doctrine that a lawyer may with propriety defend one whom he knows to be guilty on the theory that even a guilty man is entitled to a fair trial. This is one of those practical but illogical doctrines familiar to Englishmen. As a matter of reasoning why should one who is admittedly guilty be entitled to any sort of trial? Even assuming the most extreme individualism, it is difficult to appreciate the public policy which justifies a lawyer in resorting to every technical defense to protect a client who he knows is guilty. No matter how carefully it is phrased, this is what the canon amounts to, though from the heading one might suppose that it was limited to cases where the attorney believed or had no definite knowledgejof his client's guilt. Exceptional cases might be cited of morbid individuals who have claimed to be guilty of crimes they did not commit or who for some reason have remained silent to protect others, but it seems unlikely that these are sufficiently frequent to justify a rule which is admittedly responsible for serious abuses in practice. As a whole the code will command the approval of the profession, and the members of the committee are to be congratulated oil the pains they have taken in performing their task. Unlike some Bar Association com mittees, the members of this one actually labored for the cause and were in session for some days at Washington last spring. The ener getic secretary of the committee, Mr. Alexander,