70
THE GREEN BAG
responsibilities for medical expert testimony, our proper attitude toward corporation re tainers, our right to upset or evade what ever possible enacted laws, and many other matters, might engage our attention, but they open fields where agreement would be hopeless and most of them are very properly avoided by the various legal codes. The subject of corporation retainers, however, might well be covered by a rule framed to govern the relations of employer and employee. Lobbying during legislative sessions may, however, be mentioned as a matter upon which the Alabama rule would probably meet the approval of most lawyers. That rule is: "24. An attorney openly, and in his true character, may render purely professional services before committees, regarding pro posed 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 immoral and illegal for an attorney so engaged 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. " '
to the service of his client and must keep it unimpaired and in training, so to speak," namely : "If possible, do not receive any compen sation in your client's business, except from your client himself; but if circumstances compel you to break the rule, tell your client what you receive. " '
This application of limited "publicity" the client is entitled to, while the lawyer will thus receive no money that is "tainted." It will be seen from the foregoing sketch of a lawyer's ethical problems tthat good taste, gentlemanly manners, and a high sense of honor go far to solve them. Two cardinal rules may be laid down: 1. Nothing which politeness and right feeling demand of a lawyer in his dealings with others can properly be withheld by him. 2. Nothing which is morally wrong can be professionally right. All the other rules and .code provisions which we have discussed are simply appli cations of these two rules to special situa tions. In regard to these applications each lawyer must make his own conscience his guide, no matter if he differ as far as may be from the general professional opinion. As Hoffman said in his 33rd resolution: But while we have not time to note ther "What is wrong is not the less so from manifold interests which engage a lawyer's being common. And though few dare to be attention to see what his moral reaction as singular, even in a right cause, I am resolved to each one should be, we may very appro to make my own, and not the conscience of others, my s.ole guide. What is morally priately pause to note a rule which has been wrong cannot be professionally right, how suggested as a preventive of a mild species ever it may be sanctioned by time or custom. of what to-day we call "graft." Starting It is better to be right with a few, or even in the large' cities and gaining most headway none, than wrong, though with a multitude. in New York City, the practice of giving If, therefore, there be among my brethren commissions and rebates to lawyers who any traditional moral errors of practice, they shall be studiously avoided by me, though in loan money for their clients, examine and so doing I unhappily come in collision with insure titles for them, lease property for what is (erroneously, I think) too often them, or otherwise act for them, has grown denominated the policy of the profession. " z to a point where the evil is being felt, and a • But in the main, as may be this paper has writer in the Harvard Law Review has sug shown, the policy and the performances of gested the following rule to remind the lawyer "that he has pledged his judgment . ' Mr. Everett Abbott, 15 Harv. Law Rev. 1 Sec. 27, Report of August, 1907, p. 24.
714-724.
- Quoted in Report of August, 1907, p. 54.
