Cases and other authorities on legal ethics

Front matter

Cornell University Law Library.

THE QIPT OF

Set

Chapter I

The History and Organization of the Legal Profession in England and Section ^^ ^^^ United States

Page

1. The History of Advocates in England 1

2. The History of Attorneys and Solicitors in England 18

3. The Relation Between Barristers and Solicitors in England 20

4. The General Council of the Bar and the Law Society 23

5. Lawyers in the United States as Contrasted with Lawyers in England 25

CHAPTER 11

The Lawyer's Qualifications

1. Education, Knowledge and Skill 29

2. Character ^ _ _ 38

CHAPTER III The Admission and Discipline of Lawyers

1. Admission to Practice 43

2. Practicing Law Without a License 49

3. The Lawyer as an Officer 61

I. His Office 61

II. His Oath 63

III. His Duty to Serve 66

IV. His Privilege to Slander 77

V. Confidential Communications. .- 82

4. Summary Proceedings 102

5. Suspension and Disbarment 114

I. Procedure in Suspension and Disbarment Cases 114

- II. Nature of Suspension and Disbarment Proceedings 125

III. Grounds of Disbarment. 129

(A) In general 129

(B) Want of Moral Character 130

(O) Commission of Criminal Acts 135

(D) Improper Professional Conduct 137

(E) Ignorance of Law and Incompetence 144

(F) Non-professional Misconduct 145

IV. Effect of Reparation and Pardon 154

V. Reinstatement after Discipline 157

Cost.Leg.Eth. (xi)

Xii TABLE OF CONTENTS

CHAPTER IV The Ethical Duties of Lawyers to Coubts

Section ^^^^

1. Influencing, Intimidating and Criticising Judges 166

2. Candor in tlie Presentation of Cases 181

I. Disclosure of Essential Fact 1^1

II. Arguments to Court and Jury 199

3. Tampering with or Disregarding Court Orders 204

CHAPTER V Ethics of Legal EImployment in Geneeal 208 CHAPTER tl

Solicitation of Legal Business

1. Advertising 241

2. Other Solicitation of Employment 255

CHAPTER VII The Ethical Duties of Lawyebs in Criminal Cases

1. Prosecuting Lawyers • 284

2. The Lawyers for the Defense • • 309

CHAPTER VIII The Ethical Duties of Lawyers in Civil Cases

1. Ascertaining Facts and Arranging Compromises 368

2. Conflicting Interests 375

3. The Acceptance and Conduct of the Client's Cause. — 391

I. The Justice of the Client's Cause 391

II. Negotiations with the Opposing Party 411

III. Pleadings, Affidavits and Abuse of Process 414

IV. The Preparation for Trial 424

V. Resort to Dilatory Proceedings and Technicalities 434

VI. The Trial of the Cause 441

(A) General Principles 441

(B) The Examination of Witnesses 444

(C) The Lawyer as a Witness in his Client's Cause 448

(D) Utilizing Perjured Testimony 452

(E) The Treatment of Other Lawyers ." 454 ,

(F) Offers of Evidence and Remarks and Arguments of

Counsel 463

4. Discharge and Withdrawal of Counsel 470

TABLE OF CONTENTS Xlll

CHAPTER IX Pecuniary Relations of Lawyeks and Clients Section Page

1. Fees and Rebates 474

I. The Right to Collect Fees and Disbursements 474

II. The Method of Computing Fees • 488

III. Contingent Fees 495

IV. Sharing Fees 513

v. Rebates and Witness' Fees 518

VI. Withdrawal of Counsel for Nonpayment of Fees 521

VII. Return of Fees 523

2. Gifts to Lawyers 525

3. Other Pecuniary Transactions 532

CHAPTER X Miscellaneous Topics

1. Lobbying 537

2. Transfers of Property in Fraud of Creditors 544

3. Countenancing Future Violations and Evasions of Law 545

4. Some Additional Duties to Clients and their Relatives 549

5. Some Additional Duties to Third Persons 551

6. The Lawyer's Duties Summarized 554