Page:The Green Bag (1889–1914), Volume 20.pdf/676

 EDITORIAL DEPARTMENT

525

audience, but as it contained an account of permitting such fees is simply an expression the history of our acquisition of jurisdiction in our profession of a national characteristic. over the great Northwest country, it proved Until public sentiment can be crystallized in exceedingly interesting to those within hearing another form, any drastic prohibition of distance. As it dealt only indirectly with contingent fees will be evaded and ignored. topics of especial legal interest, we decided Indeed, it was suggested with some force that not to publish it in this issue. The annual the question is not properly an ethical one, address of the retiring president of the asso but rather a subject for legislation, one that ciation, as might be expected from the tem has past beyond the domain of conscience perament of the writer, was unusually sunny alone. Despite some skepticism as to the and optimistic. Devouring our annual dis positive benefit that may accrue from the charge of statutes, state and federal, as re adoption of this code in the elevation of our quired by the constitution of the association profession, it should be welcome at least as a in preparation for the presidential address, visible expression of a desire for moral eleva usually produces a dyspeptic melancholy from tion. It will express publicly our ideals, so which this address is a welcome change. that detractors of the profession need have no Owing to its length, we were obliged to cut doubt of their existence. It will serve as a this address somewhat, but have preserved basis from which further advance may be the parts which we think will most interest our made. While possible to criticise the code in form, it evidently represents the average readers. The final draft of the code of professional opinion of the profession on the subjects with ethics was adopted with only slight changes which it deals. in the clause relating to contingent fees. As The other important work of the meetings expected, this subject provoked the only was the adoption of most of the recommenda serious debate in the consideration of the code. tions of the special committee to suggest The discussion fully covered the subject, and remedies and formulate proposed laws to pre was clarified by the reading of a very well vent delay and unnecessary costs in litigation. written paper in opposition to the canon This committee determined in its first year to prepared by a member of the Seattle Bar. confine its work to appeals at law in the Fed The clause as finally adopted may be criticised eral Courts, and recommended a series of as being vague and non-committal. It recom amendments to the Revised Statutes, of which mends, as a check on the admitted abuses of the following, were endorsed by the associ the practice, the only satisfactory remedy yet ation : proposed — control by the courts; it leaves "No judgment shall be set aside, or new the method of applying the remedy to be trial granted, by any court of the United determined in accordance with the public States, in any case, civil or criminal, on the ssntjment of each jurisdiction. This on the ground of misdirection of the jury or the im whole is a fair expression of the present senti proper admission or rejection of evidence, or for error as to any matter of pleading or pro ment of the Bar, which seems hopelessly cedure, unless, in the opinion of the court to divided on the general question of the wisdom which application is made, after an examina of permitting contingent fees. It leaves it tion of the entire cause, it shall affirmatively in effect to the sentiment of a given community appear that the error complained of has to determine the limitations on such fees. resulted in a' miscarriage of justice."— i U. S. This is just, for the demand for contingent fees Comp. Stat. 715. "No writ of error shall be issued in any comes less from the Bar than from the public, criminal case unless a justice of the Supreme and it does not come alone from the indigent Court shall certify that there is probable cause public, which is supposed chiefly to benefit to believe that the defendant was unjustly from them. The speculative spirit that per convicted."— i U. S. Comp. Stat. 575. vades American life, frequently insists that "No such appeal shall be taken unless a jus compensation for professional service should be tice of the Supreme Court has certified that is probable cause to believe that the a hazard. Business men of standing desire to there petitioner in such habeas corpus proceeding is place cases on such a basis, at least when they unjustly deprived of his liberty."— i U. S. are themselves plaintiffs. The practice of Comp. Stat. 595.