Page:The Green Bag (1889–1914), Volume 20.pdf/660

This page needs to be proofread.

CANONS OF ETHICS

S09

AMERICAN BAR ASSOCIATION CANONS OF ETHICS I PREAMBLE 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 Republic, to a great extent, depends upon our maintenance 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 approval of all just men. II THE CANONS OF ETHICS. No code or set of rules can be framed, which will particularize all the duties of the lawyer in the varying phases of litiga tion 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 specifically men tioned: i. The Ditty of the Lawyer to the Courts. It is the duty of the lawyer to maintain towards the Courts a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance. Judges, not being wholly free to defend themselves, are peculiarly entitled to receive the support of the Bar against unjust criticism and clamor. Whenever there is proper

ground for serious complaint of a judicial officer, it is the right and duty of the lawyer to submit his grievances to the proper authorities. In such cases, but not otherwise, such charges should be encour aged and the person making them should be protected. 2. The Selection of Judges. It is the duty of the Bar to endeavor to prevent political considerations from outweighing judicial fitness in the selection of Judges It should protest earnestly and actively against the appointment or election of those who are unsuitable for the Bench; and it should strive to have elevated thereto only those willing to forego other employ ments, whether of a business, political or other character, which may embarrass their free and fair consideration of ques tions before them for decision. The aspira tion of lawyers for judicial position should be governed by an impartial estimate 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 un usual hospitality on the part of a lawyer to a Judge, uncalled for by the personal relations of the parties, subject both the Judge and the lawyer to misconstructions of motive, and should be avoided. A lawyer should not communicate or argue privately with the Judge as to the merits of a pending cause, and he deserves 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 pro fessional 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 relations be tween Bench and Bar.

4. When Counsel for an Indigent Pri