The Daily Law Journal-Record (Oklahoma City, [Okla.]), Vol. 39, No. 18, Ed. 1 Friday, May 18, 1962 Page: 14 of 16
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I
The Canons Of
Professional
Ethics of the
American Bar
Association
Preamble.
In America where the stabil
sent conflicting .lnteresta except
by express consent of all con-
cerned given after a full disclos-
ure of the facts. Within the
meaning of tjiis canon a lawyer
represents conflicting interests
when in behalf of one client it
ployment whether casual or for
an established and constant cli-
ent. No one of these considera-
tions in itself is controlling. They
are mere guides in ascertaining
the real value of the service.
In determining the customary
THE DAILY LAW JOURNAL-RECORD
a particular case justify a state-jportance of the lawyer's position No client corporate or individ-lities and qualifications are indi- rept employment from such pub-
ment to the public it is unpro- and all other like self-laudation i ual however powerful nor any vidual. He should avoid all replications to auv'se inquirers
fessional to make it anonymous- offend the traditions and lowerjcause civil or political however lations which direct the perfor-j respect to their individual rig s.
ly. An ex parte reference to the the tone of our profession and j important is entitled to receive mance of his duties by or in the II. Discovery of Imposition and
are reprehensible; but the cus-jnor should any lawyer render! interest of such intermediary. A Deception
tomary use of simple profession-' any service or advice involving 'lawyers relation to his client When a lawyer discovers that
al cards is not improper. 'disloyalty to the law whose min-'should be personal and the re-;some fraud or deception has been
even in extreme cases it is bet-1 Publication in reputable lawyers we are. or disrespect of sponsibility should 'be direct to practiced which has unjustly
ter to avoid any ex parte state- i;sts jn a manner consistent with11 judicial office which we are'the client. Charitable societies imposed upon the court or a par-
is his duty to contend for that charges of the Bar for similar
which duty to another client re- services it is proper for a law-
quires him to oppose. yer to consider a schedule of j ment. I the standards of conduct impos-j bound to uphold or corruption of' rendering aid to the indigents ty he should endeavor to rec-
The obligation to represent the minimum fees adopted by a Bar Jl. Punctuality and Expedition. ed by these canons of brief bio-'any person or persons exercis-jare not deemed such intermedia tify it; at first by advising his
client with undivided fidelity and Association but no lawyer should It is the duty of the lawyer j graphical and informative dataiing a public office or private -aries. jdient and if his client refuses
not to divulge his secrets or con-'perm it himself to be controlled not only to his client but also is permissible. Such data must trust or deception or betrayall A lawyer may accept employ- to forego the advantage thus un
ity of Courts and of all depart-1 fidences frbids s0 the subse-; thereby or to follow it as his to the Courts and to the public not be misleading and may in- of the public. When rendering ment from any organization 'justly gained he should prompr-
ments of government rests up-!uent xcceptance of retainers oriole guide in determining the to be punctual in attendance ! elude only a statement of the any such improper service or ad-such as an association club or ly inform the injured person or
on the approval of the people itjemplyrnent from others in mat-( amount of his fee. and to be concise and direct in lawyers name and the names vice the lawyer invites and mer- trade organization to render le- his coun.se! so that they may
is peculiarly essential that the ters adversely affecting any in- In fixing fees it should neverjthe trial and disposition of of his professional associates; ad- its stern and just condemnation.1 gal services in any matter intake appropriate steps
system for establishing and dis-terest of he cient with respectjbe forgotten that the profession causes. jdresses telephone numbers ca-' Correspondingly he advances which the organization as an 12. Expenses. .
pensing Justice be developed to t0 which confidence has been re- is a branch of the administra- 22. Candor and Fairness. :ble addresses; branches of the the honor of his profession and entity is interested but this em- A lawyer may not properly
a high point of efficiency and so posed. tion of justice and not a mere The conduct of the lawyer be-1 profession practiced; date and the best interests of his client ployment should not include the agree with a client that the law-
maintained that the public shall 7. Professional Colleagues and money-getting trade. fore the Court and with other;Place of birth and admission to when he renders service or gives rendering of legal services to the yer shall pay or bear the ex-
have absolute confidence in the Conflicts of Opinion. IS. Contingent Fees. lawyers should be characterize the bar; schools attended; with advice tending to impress upon members of such an organization penses of litigation; he may in
i.regrity and impartiality of its A client's proffer of assistance! A contract for a contingent fee.'ed by candor and fairness. dates of graduation degrees and the client and his undertaking in respect to their individual af- good faith advance expenses "
administration. The future of the of additional counsel should not where sanctioned by law should' It is not candid or fair forother educational distinctions- .exact compliance with the strict- fairs. wn"ar hut n
gpublic to a great extent de-jbe regarded as evidence of want be reasonable under all the cir-! the lawyer knowingly to misquote public or quasi-public offices est principles of moral law. He jg Retirement From Judicial iect t0 reimbursement
pends upon our maintenance of of confidence but the matter leumstances of the case includ-!the contents of a paper the tes- posts of honor; legal authorships; must also observe and advise p
Jistice pure and unsullied. Itjshould be left to the determina-'ing the risk and uncertainty of timony of a witness the language legal teaching nositions; mem- his client to observe the statute;
CvinflOt 1)6 SO msintsined unless tiofl ' A 1 1 : L.. .Ln.u 1 I nr armimanf nf MinAcina hprsflinQ flflH flffirM 111 hflT AC- lnur thrtnnU until t . Unll' A
of the client. A lawyerjthe compensation but should al- or the argument of opposing berships and offices in bar as- law though until a statute shall
Position or Public Employment. 43. Approved Law I iats.
lawyer should not accept h sha11 improper for a law-
LvinnUl DC SO maliuaincu UlliCSS Ut v-iiuu. IWJW4U1C tuuipcudauuii! uut ouuuiu na- - r r r O ...w-f.. otiuu Q ntrmil
the conduct and the motives of'should decline association as col-jways be subject to the supervi- counsel or the language of a de-.sociations and committees there- have been construed and inter- employment as an advocate in 'ubshe jn
the members of our profession I league if it is objectionable tolSion of a court as to its reas-.cision or a textbook: or the lan-j of in legal and scientific some- preted by competent adjudica- a"y lT'el-r upm the merts ?'d . mana(;el
are such as to merit the approv-'the original counsel but if theonabieness. KuaRe of decision or a text-.ties and legal fraternities; the .tion. he is free and is entitled whicb he has previously acted in f
al of all just men. ! lawyer first retained is relieved M Sujng a Cjent for a
No code or set of rules can be another may come into the case. Controversies with i
framed which will particularize! When lawyers jointly associat-!cernjng compensation
book; or with knowledge of its fact of listings in other reputable to advise as to its validity and a jutbdd capacity.
yer to permit his name to be
law list the con-
management or contents
calculated or likely
to deceive or injure the public
with clients con-invaIidi.y dta as. authority isfts: ? t0 what h? coientiously be-' A lawyer having once .c.u or (ession or t0 lower tha
sation are to be a deJclson tbat ha tsJust and publ.c off.ce or having been m d jfor sandi of the
i statute that has been their written consent the names extent. But above all a law-tb public employ should not af- . - 6 1
shall be comoatible with his self-' rcrealeu or in arBumcnt to as-1 of clients regularly represented 'yer will find his highest honoris his retirement accept employ- . F .
P sect as a fact that which has hot A certificate of compliance with - .: . n.;iu mo ' P -
cause cannot agree asavoided by the lawyer so far as ruea'
atter vital to the inter-Luaii bp rnmnatihle with his self-' rePealed:
all the duties of the lawyer in ed in a
the varying phases of litigation to any matter
or in all the relations of profes-!est of the client the conflict of r ct and ith hil right to re- f rt as a fad that whlcLh ha hot A cert .cate of compliance with j a deserved reputation for fi- ment in connection with any mat- ment J Auo or Counsfl
sional life. The following canons Opinion should be frankly stated cei reasonable recompense for been Proved' or ln.thnf hvheUcilCnmmhTPeI'lew delity 0 Privata trust and to pub- ter which he has investigated or fjt ()f yn ltlornev nr
of ethics are adopted by the tion. His decision should behis services- and lawsuits with lsdicf10ns wher Slde has the .by the Special Committee on Law 1C duty as an honest man and paSsed upon while in such office j withdraw from' em-
American Bar Association's a to him for his final determina- SLhould L resorted to only TsLrLtnZenXlS X t TreM nd l0yal dtizen oyment once tsled ansT.
general guide yet the enumera-! accepted unless the nature of the t0 preVent injustice imposition' t0 "llsead b ? ?p??nent bY con- p 3J. Partnerships Names. 27. Confidences of a Client. onlv from good cause Even the
or fraud. 6 IJnl Z' Tt 7 for Partnerships among lawyers It is the duty- of a lawyer to d Jre or cnsent of the clirnt 1
15 How Far a Lawyer Mav Go m. -S argument upon yer who is admitted to practice for the practice of their profes- preserve his clients confidences. not aiwav sufficient The law-
15. now rar a Lawyer may uo which his side then intends to. as a proctor in admiralty to use' ion Brp vprv rnmmnn .rA This dutv outlasts the lawyer's Yj .
in Supporting a Clients Cause. rpiv tof n c- i slon are very cmmon and are DU'y ouuasts tne lawyer s yer should not throw up the un-
Nothing operates more certain-l t.'s- nrPfPcciPnoi .lid l:i ... . i u. not t0 he condemned. In the for- employment and extends as well fmjshed task to the detriment
tion of particular duties should difference makes it impracticable or fraud
not be construed as a denial of for the lawyer whose judgment
the existence of others equally has been overruled to cooperate
imperative though not specific- effectively. In this event it is his
ally mentioned. j duty to ask the client
I. The Duty of the Lawyer to bm.
Efforts direct or
the Courts.
It is the duty of the lawyer to any way t0 encroacb U4 lllul
maintain towards the Courts a a'nwwthy of esteem confiden.ce hich ments and in the presentation of ent attomev
respectful attitude not for the fer beongs t0 the proper discharge causes. ver" 0r trade mark
neither of 0j bjs ci;ent except for reasons of
employ- honor or self-respect. If the cli-
ent insists upon an unjust or im-
i. . 1ie moral course in the conduct of
locally applicable. Vthere partner- confidences either for the case or if he persists o'er
Pub- ing affidavits and other docu- to so use the designation
sake of the .temporary lncum-f .w:housbodd duties than does the false : C Tlawyer should not offer evi-' or' ' orwy yersho are not all admitted to Panting frivolous defenses or
bent of the
for the maintenance
- judicial office buttjj Bar; but nevertheless it is lajm often set up by the urn Xhhe know the Court Practice in the courts' of age of the client without f he deliberately disregards' an
intenance of its Su- b right of any lawyer without scrupulous in defense of question-; Jg. t in t0 combmauon of those terms. carg shoud taken t0 hi knowledge and consent and agreement or ob;gatl0n a to
)rtance. Judges not ear or lavor. to give proper ad-l abe transactions that it is the ; u.. .. Stirring Up Litigation Di- avoid any misleading name or even t. tough there are other fpp nr fh mav
preme importance. Judges not !aar or fayor. to give proper ad-l abe transactions that it is the the came before the iurv bv ar- '-iZ -r --"a
being wholly free to defend vice. t0 those seeking relief duty of the iavyer t0 do what-lgument for its admiSsibility nor . r ThrURh representation which would ere- available sources of such infor- be w a r r a n t e d in withdrawing
fees or expenses the lawyer may
themselves are peculiarly enti- against unfaithful or neglectful ' ever may enabe bjm to succeed should he address to the Judge 's unProess'ona' fr a law- ate a false impression as to the nation. A lawyer should not con- on due notjoe to the client .
tied to receive the support of the counsel generally after commu-'in winning bis clients cause. arguments upon anv point not -ver t0 v.0untcer advice to bring professional position or privd- tinue employment when he dis- )owinf hjm time t0 errploy an.
Bar against unjust criticism and nicatin a-'th the lawyer of whom jt ;s jmproper for a lawyer to pr0perlv calling for determina- 'awsu.it exceP in rar ca;s eges of the member not locally covers 'hat this obligation pre- otbpr awyer ais0 wben t
clamor. Whenever there is prop-tba complaint is made. assert in argument his personal tion by bim- Neither should he wbere 'es hlood. relationship admitted. In the formation of vents the performance of his full !awyer drovers that h:s client
r ground for serious complaint 8. Advising Upon the Merits of belief in his clients innocence or introduce into an argument ad- or tru.st.make b's duty to do partnerships for the practice of duty 0 hLs former or to his new ba'n0 rase and the client is de-
of a judicial officer it is the a Client Cause. in the justice of his cause. dressed to the court remarks or s. s!lrnnS UP strife and litiga- law no person should be admit- client. termined to continue it; or en
right and duty of the lawyer to i A lawyer should endeavor to; The lawyer owes entire devo-1 statements intended to influence tl0n ls nof on v unprofessional ted or held out as a practitioner' 8 lawyer is accused by his d tbe awyer flndj himself in-
submit his grievances to the obtain full knowledge of his cli-jtion to the interest of the client tbe :ury or bvstanders. hut it is indictable at common 0r member who is not a mem- client he is not precluded from rapabe 0f" conducting the ca-
proper authorities. In such casesents cause before advising there-iwarm zeal in the maintenance These and all kindred prac- baw' '? disreputable to hunt up ber of the legal profession duly disclosing the truth in respect to sundry other im-tan-
but not otherwise such charges on and he is bound to give a and defense of his rights and the tjces are unprofessional and un- defecfx 'n r ofber causes authorized to practice and fhe accusation. The announced res mav anse jn which with-
i u l . ... i .i .. . jt j i.1 J tt a i ; nf ftinn anH infnrm in l t r t s-. mfantinn r( a rliAnt . . ' . -
rawal is to be justified. I pen
ithdrawing from a ca rt after a
.... duty of aiding in the admin- ruu 1 ot a tirm name no talse mis- 'v cu.mucnccs wmen nr n retainer ba paid the af.
2. The Selection of Judges. :riaBes t0 which iustice u sub- him save by the rules of law.' istration of justice. reed "I'eation by seeking out ieading assumed or trade name bound to respect. He may proper- tornev sboud refund Sljrh part of
It is the dutv nf the Rar tn an. iect- b-v reason of surprises and legally applied. No fear of judi- ..... . Toward Jurv f . W1h 'aims f.nr Personal shoulci be used. The continued ly make such dLsciosures as may the retainer as has nnt b-en
y " disappointments in evidence and cial disfavor or public unpopu- rllrJY" niur!es or those having anv oth- use 0 tbe name 0f a deceased necessary to prevent the act cearjv earned
;frTPK? fl.n;nlnru er Brounds of ac10n ln order t0 or former partner when permis- or Protect those against whom it
juries by fawning flattery secure tbem as clients or sible bv local custom is not un- is threatened. 4 .
afonHoH cnlirifnHa fnp fVAtr t . 5ulc u LUbvuiu li IHH uil Th rannne nf the AmfTjran
apply to a'.l
lv and actively against the ap-mTsn aycs lu uewac U1 uu'u CMUCU lu ''c UI anl a.u sional. Suggestions of counsel ' dfr';:tlv Vmdirectlv "those who en lnat n lmPs"on or oecep- ana isenaies. branches of the legal profession
rointment or election of thos!and confident assurances to di- every remedy and defense that is looki tQghe comfort or con. br n 'or inHnce the bringing 'S Prartlcd thr.ou8h 'hls u'e A IawTr hoald accept no spPriaists in particular branches
who are unsuitable for the Bench- e?ts esPecialy wheJre the em- authonzed by the law of the land. venjence of jurors and proposi- ofuch casesto hsoffice or e" mem.be.r of -the firT romnsatlon- commissions re- are not t0 considered a- ex-
end it should strive to have ele- P'yment y depend upon such and he may expect h.s lawyer to ions tQ di 'nge with arment.1 remunerate wlicemen court becomn8 a Jud8 18 Preluded bates or other advantages from em from the appiication 0
vted J a wi lit n assurance. Whenever the contro- assert every such remedy or de-ishould ade t0 the cgurt out .from practising law his name others without the knowledge and thpp
bAnit' a. .1: monish lawyers to beware of bo d entitled to the benefit of any and sjona s tions of counsel ' C .L . .1 en that no mposition or decep- and Rebates
'and confident assurances to ch-every remedy and defense that is ooki tQ6the comfort or con.
aoie.ortnencn-l6?15 Peealy he the em- authorized by the law of the land. j nh of j and j.
miuuiu strive to have ele- P'yment depCnd LUPn SUCh 8nd y h'S awyel r tions to dispense with argument' 0 remunerae poncemen court
thereto only those willing 'aSSUranCe; Wbeneve the contro- assert every such remedy or de-j should made t0 the Curt out . ffi PJ Dbv'sirians 'rom pracusing law ms name omers wimoui me Knowieoge ana prindpies.
forego other y employments versy T acfuirt of fa'r adjust- fense. But it is steadfastly to be f h heari A a r P s J'h Pb should not be continued in the consent of his client after full dis- 4 NPtic P Ioca
ether of TbusineTs Sal ment thedient shoU'd be ?dvis-! in.Jn'?d that-thf SKreatmust never converse privately Ssucreedunder theise of fl namc:. dosure' A lawyer available to act a
other character which mayed avold or 40 end tb htiga- trust o the lawyer is o e per- w;tb jurors about the case; and e;vine disinterested friendly ad- PartnerdllPs between lawyers 39. Witnesses. an associate of other lawyers in
Yie.rrass their free and fairi I ?' lthl thUt both before and during the trial vice in influencing the criminal and members othe Prfes-. A lawyer may properly inter- a particular branch of the law
moderation of questions before Negotiations With Opposite be should avoid communicating the sick and the fnjuredi the ig! rmit view an "T"' r Prave legal service may send to 1
em for decision The aspiration Pa- ! much lerdoes it dema them eVen aS t0 maerS norant or others to seek his pro- wlnefor the !n cal aers orl and P'jhNh a
' lawyers for judicial position1 A iawyer should not in any way r d dlatinnd j foreign to the cause. fessional services. A duty to the 1P any civi1 or crim'na! ac10n hn local legal journal a
should be governed by an im-
r .. j . .. 7 foreign to the cause. fessional services A dutv to'the lea n?re ans pan 01 me parl; any civil or crimma! action with- his local legal journal a br.ef
communicate upon the subject oi 7? manner of fraud or chi-"24- Righ of Lawer i0 Conro1 public and to the profession de IT COnS1S' f 0U.1 he ropqent of "PPsing run nd dignified announcement f
partial estimate of their ability !contrversy with a party repre- - . the Incidents of the Trial. solves upon every member of the P. . . se or Part.v- doinR so how- his avaiability to ser.e o'hcr
to add honor to the office and sented by counsel; much less .ne " nd his client I As to incidental matters pend- Bar having knowledge of such Division of Fees. ever he should scrupulously lawyers in cornea on therewith
not by a desire for the distinc- should he undertake to negoti- V 1 "1 ing the trial not affecting the practices upon the part of any N dvisi0n of fees for legal avoid any suggestion calculated The announcement should he in
tion the position may bring to ate or compromise the matter Restraining Clients trom " merits of the causei 0r working practitioner immediately to in-services s Prper except with to induce the witness to suppress a form which does rot constitute
themselves. wih him but should deal only proprieties. substantial prejudice to the form thereof to the end that the another lawyer based upon a di- or deviate from the truth or in a statement or representation of
S Attemnts tn Fxert Persnm.1 with his counsel. It is incum- A lawyer should use his best righ(; of the cIient such as f0ro offender mav be disbarred. VLS1n of service or responsibil- any degree to affect his free and special experience or expertness
Influence on the Oiurt bent upon the lawyer most par- efforts to restrain and to pre- ; fbe opposite lawyer to trial 29. Upholding the Honor of the untrammeled conduct when ap- 47. Aiding the l oauthorized
Intluence on the Court. everything that vent clients fromdng:e en he under affljction or J5. Intennediarie. peanng at the trial or on the Pracic. f i.
No lawyer shall permit h.s pro-
fessional services or h.s name.
Marked attention and unusual cularly to avoid ev himself c u"uc. - i-rotession. ":l .
hospitality on the part of a law- may tend .mlsead a Party n.ot ouebt not to do particularly with bereavement; forcing the trial on Lawyers should expose without The professional services of a sand-
ver to a Judge uncalled for by rprened b' cou.nseI- and .he fprpnrp t0 tLPir condu(:t t0. a particular day to the injury of fear or favor before the proper lawyer should not be controlled 40. Newspapers
the personal relations of the par- hould not undertake to advise reteren e to tneir conctu t to- ' '
ties subject both the Judge and bm 4as .. he. aw
the lawyer to misconstructions of ! Aclluir'ng nerest
motive and should be avoided.
to their conduct to- r 4V . j. lear ur idvor utrmie uir piupri -' v. .
to advise iudicial officers tbe PPsite lawver when no tribunals corrupt or dishonest or exploited by anv lav agency. A lawyer may with propriety to he used in a.d of. or to make
aros v. u j t If barm w' result from a trial at conduct in the profession and personal or corporate which in- write articles fur publica'ions in possible the unauthorized prac
in Litiga- jurors wi nesses an sw ors. a different time: agreeing to an sbould accept without hesitation tervenes between client and which he gives information upon tue of law by any lay agency
A lawver should not communi-
accept
tfeo latiTVpr chnnlH termin emplovment against a member lawyer. A lawyers responsibil- tha law.
P'jrV.?lnfu. . .'a.r hill of exceptions cross interrog- of he Bar who has wronged hs
Tha lawyer should not r.
cate or argu privately with'The cha8e 7 n th h" ' 17 Seei ng a"nd Personalities ator'es and he llkte he Ia7 client". The counsel upon the tri-
Judge as to the merits of a matter of the litigation which he 8 must be allowed to judge. In al of a cause in uhirh perjury
pending cause and he deserves 15 c"duc$'ng- clients not aw.ers. are thesucb n0td'e"t ha a has been committed owe it to the
rebuke and denunciation for anv n- Dealin8 Wih Trus Property. iti ants Whatever' mav be the r'Ebt dfn?and that IllTnve Profession and to the public to
device or attempt to gain fror The lawyer should refrain from existing between cli- shal! llbberab or that he do. bring the matter to the knowl-
a Judge special personal consid- any action thereby for his per-;ents it ahould be allowed to anyhng therein repugnant to pdgP of tbe prosecuting author-
eration or favor A self-respect- snal benefit or gain he abuses infueriCP rounsei in tbeir con- hls twn of bonnr and pr" The lawwer should aid in
ing independence in the dis- or akes advantage of the conft- durt and demeanor toward each pnety guarding the Bar against the ad-
charge of professional duty with- dence reposed in him by h-s cli- 0(her or toward suitors in tbe 23. Taking Technical Advantage mission to the profession of can-
out denial or diminution of the en case A11 personahties between of Opposite Counsel; Agreements didates unfit or unqualified be-
courtesy and respect due the Money of the client or collect- counP should be scrupulously Him. cause deficient in either moral j
Judges station is the only prop- e( fr client or other trust avoided. In the trial of a cause IawNer should not ignore character or education. He
er foundation for cordial person- property coming into the posses- js jnecent to allude to the nown customs or practice of the should strive at all times to uo-
al and official relations between son awer should be re-' personal history or tbe personal ar or a pabular Court hold the honor and to maintain
Bench and Bar ported and accounted for prompt- culiarities and idiosyncrasies een when the law permits with- the dignity of the profession
4 When Counsel for an Indigent ly and should not under any dr" of counsel on the other side. Per- gjvag timely not.ee to the and to improve not only the
Prisoner muigeni cumstances be comnningled with snna colloquies between counsel PPstng counsel. As far as pos- law but the administration of jus-
A lawver assigned ns counsel his own or be used by him which cause delay and promote b'p. important agreements af-.tice.
for an indigent prisoner ought not IJ. Fixing the Amount of the unseemly wrangling should also fctlaE r'gbts of clients 30. Justifiable and Unjustifiable
to Aktobe Excused for anv Fee. be carefully avoided. sboddb? dud w r't.ng; but -Litigations.
trivial reason and should al-' In fixing fees lawyers should 1H. Treatment of Witnesses and i 1! anceTan agreement fr"1 Th laV'yer mu;t dedine 0
wavs exert his best efforts in his avid charges which overesti- Litigants. lv mada her rif i not edi uc C0ndUCt civd cause or 0 make
mate their advice and services A lawyer should always treat lv made be ause it 1 not redu a when convinced that it
5. The Defense or Prosecution as we 85 which underval- adverse witnesses and suitors t0 tpquirea y js intended merely to harass or
of Those Accused of Crime. ue them. A clients ability to pay with fairness and due consider- ru es 0 urT- to injure the opposite parry or to
It is the right of the lawyer canno justify a charge in excess ation. and he should never min- 2. Professional Advocacy Other worfc oppression or wrong. But'
to undertake the defense of a of the value of the service though ister to the malevolence or prej- Than Before Courts. otherwise it is his right and
person accused of crime regard- his poverty may require a less udices of a client in the trial or A lawyer openly and in his having accepted retainer it be-
less of his personal opinion as charge or even none at all. The conduct of a cause. The client true character mav render pro- C0mC5 his dutv to insist upon1
o the guilt of the accused; oth- reasonable requests of brother cannot be made the keeper of the fessional servicps bore legisla- the judgment of the Court as to
erw-ise innocent persons victims lawyers and f their widows andlawvers conscience m profes- live or ' the legal merits of his clients;
onlv of suspicious circumstances orphans without ample means smnal matters He has no righ Proposed leg slation and in advo- dalnl HlJ appearanre in foilrt
micht be denied proper defense should receive special and kind- demand that his counsel shall caev of claims b ire depart- should be deemed equivalent to
Having undertaken deense consideration. tbe "?Pdte Party mens of government upon the an asert0n on hls hnor that m
naving unaenaxen suen aele" . . du pe in offensive personalities same principles of ethics which hj onininn h: rient
the Iawwer is bound by all fair. In determining the amount of T i nis opnln clients case ts
and honorable means to present the fee it is proper to consider; . P theP Jnd hat' it wha Courts; but it is unprofessional ajnPr0pPr fr iudic'aI d'rrmm'
every defense that the law o (1) the time and labor requir- rfi Ju6 sav if aki for a so enea d t0 con.
the land permits to the end tha ed the novelty and difficulty of in hjs Qwn cea bis attornevshp or to em- Responsibility for Litigation
no person may be deprived of the questions involved and the Appearance of Lawyer as ploy secret persona! solicitations. 1 No lawyer is obliged to act
!fe or liberty but by due pro-.skill requisite properly to con- wi(nes for His cliene. or t0 use means other than those elther as advser or advocate for
cess of law. duct the cause; (2) whether the en a lawx-er is a witness for addressed to the reason and un- fvery I" who may wish to
The primary duty of a law- acceptance of employment m the cjent except as to merely derstanding to influence action Ws client. He has the
yer engaged in public prosecu- particular case will preclude the forma such as the at. 27 Advertising Direct or Indi- ri8ht 0 detlin employment. Ev-
tion is not to convict but to see lawyer s appearance for others Nation or custody of an in- reel ei7 avv7er uPn own respon-
but he should not ac- personal or corpora'e
7or
ualit
c
rintincj
OF ANY KIND
that justice is done. The suppres- in cases likely to arise out of strumPnt and tbe ike be sbouid
sion of facts or the secreting of the transaction and in which leave the tria of tbe caM t0 professional employment bv "cir- Ployment he wil1 accept as foun-
witnesses capable of establish- there is a reasonable expecta-. othpr counse) Except when es- culars advertisements through sd' what auses he wdl brng
mg the innocence of the accus- tion that otherwise he would be;sential t0 tbe ends of justicei tou(ers or b pernal communi- lnt0 Court for Paintlffs what
ed is highly reprehensible. employed or will involve the loss awyer sboujd avojd testifying in 'cations or interviews not war- cases he Wl11 contet in (;urt for
. Adverse Influences and Con- of other employment while em-icourt jn hehalf of his client. ranted by personal relations In- defendants. The responsibility for
flicting Interests. ployed in the particular case M Newspaper Discussion of direct advertisements for pro- adding as 'o questionable trains-
It is the duty of a lawyer at or antagonisms with other cli- Pending Litigation. .fessional employment such as actions for bringing questionable
the time of retainer to disclose ents; (3) the customary charges' Newspaper publications by a furnishing or inspiring newspa- suis- for urBinR questionable de-
to tbe client all the circumstan-of the Bar for similar services; awyer as to pending or antici-per comments or procuring his fenses. ii the lawyers responsi-
ces of his relations to the par- f4) the amount involved in the pa ted litigation may interfere photograph to be published in bility. He cannot escape it by
ties and any interest in or con- controversy and the benefits re- with a fair trial in the Courts connection with causes in which urPlng as an excase that he is
nection with the controversy suiting to the dent from the ser-'and otherwise prejudice the due the lawyer has been or is en- ordy following' his rhent's in-
which might influence the client vices; (5) the contingency or the administration of justice. Gener-' gaged or concerning the manner xtructions.
in the selection of counsel. certainty of the compensation; ' ally they are to be condemned of their conduct the magnitude 32. The Lawyer Duty ia Its vj iii Tlwl Ctrool
Jt ia unprofessional to repre- and (6) the character of the em-.U the extreme circumstances of of the interest involved the im- Last Aaatysie. 1 W We 1 110 frCCl
Call or See
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The Daily Law Journal-Record (Oklahoma City, [Okla.]), Vol. 39, No. 18, Ed. 1 Friday, May 18, 1962, newspaper, May 18, 1962; Oklahoma City, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc2417243/m1/14/: accessed September 14, 2026), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.