Page:The Green Bag (1889–1914), Volume 20.pdf/666

 CANONS OF ETHICS yer is obliged to 'act either as adviser or advocate for every person who may wish to become his client. He has the right to decline employment. Every lawyer upon his own responsibility must decide what business he will accept as counsel, what causes he will bring into Court for plaintiffs, what cases he will contest in Court for defendants. The responsibility for advis ing 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 in structions. 32. The Lawyer's Duty in Its Last Analysis. No client, corporate or individ ual, 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 corrup tion of any person or persons exercising a public office or private trust, or deception or betrayal of the public. When rendering any such improper service or advice, the lawyer invites and merits stern and just condemnation. Correspondingly, he ad vances the honor of his profession and the best interests of his client when he renders service or gives advice tending to impress upon the client and his under taking exacj compliance with the strictest principles of moral law. He must also observe and advise his 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 conscientiously believes to be its just meaning and extent. But above all a lawyer will find his highest honor in a deserved reputation for fidelity to private trust and to public duty, as an honest man and as a patriotic and loyal citizen.

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Ill OATH OF 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, 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 Union1 —duties which they are sworn on admission to obey and for the wilful violation of which disbarment is provided: I DO SOLEMNLY SWEAR: I will support the Constitution of the United States and the Constitution of the State of I will maintain the respect due to Courts of Justice and judicial officers; I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land; I will employ for the purpose of main taining the causes confided to me such means only, as are consistent with truth and honor, and will never seek to mislead the Judge or jury by anv artifice or false statement of fact or law; I will maintain the confidence and pre serve inviolate the secrets of my client, and will accept no compensation in connection with his business except from him or with his knowledge and approval; I will abstain from all offensive per sonality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any considera tion personal to myself, the cause of the defenseless or oppressed, or delay any man's cause for lucre or malice. SO HELP ME GOD. We commend this form of oath for adoption by. the proper authorities in all the States and Territories. 1 Alabama, California, Georgia, Idaho, Indiana, Iowa, Minnesota, Mississippi, Nebraska, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington and Wisconsin. The oaths administered on admission to the Bar in all the other States require the observance of the highest moral principle in the practice of the pro fession, but the duties of the lawyer are not as specifically denned by law as in the States named.