ARTICLE REVIEW

THE ETHICS OF THE LEGAL PROFESSION

The author clearly explains that It is accepted even in the latest investigation of the subject
that in a popular government everybody has a privilege to enter any calling, and that it is
undemocratic to raise such boundaries at the door as may forestall or discourage the normal
man from entering exercises which are so firmly identified with the political interests and life
of our respective networks. I don't trust it. There will consistently be evaluations of attorneys,
however the English separation among lawyers and specialists isn't one to be made here by
resolution, yet by normal choice—and the calling, when stirred, will make sure that the
option to enter it will be so normalized as practically to avoid from its advantages the
completely uncouth people « who, under our present aimless and uncoordinated frameworks
of bar exami-countries, can enter its organization in a state keeping up low principles and
relocate, later, under our ludicrous guidelines of popularity based comity, into the bar of a
state having elevated expectations.
Hypothetically, he ought to have a work to the law as he is relied upon to have to the service.
As St. Paul said, “ Woe is me on the off chance that I lecture not the Gospel,” and the ideal
attorney ought to be under the comparable limitation of an all-else-barring vocation. Else he
will before long track down his level. Mr. Wigmore had this as a primary concern when he
styled the calling a “priesthood of Justice.”'
On the other hand, any legal counselor having an authentication to rehearse in the supreme
court of his state, in a specific government court, or in the Supreme Court of the United
States, holds himself out as having capabilities of effective support of those individuals from
the com-munity whom he is there to serve. The key, fundamental element, along these lines,
of expert life is this thought of a productive, talented assistance. The suspicion in Bulletin
Number Fifteen that under our popularity based organizations the option to enter any calling
is a basic right, should be taken with a grain of the salt of realistic. Our records are loaded
with portrayals of the regard or absence of regard in which legal advisors have been held in
the beginnings of every equitable local area.

The experience has been that the preliminary has been made again and again of getting along
without legal advisors. We have, express gratitude toward God, arrived at the stage when a
1awy'er should regard «the fundamental nobility of the profession» just as the Mosaic
Decalogue and the punitive law of his state. Julius Henry Cohen delivered an extraordinary
support of the calling by his book, Is law a Business or a Profession., in which he has
followed the readiness for moral principles and has examined and arranged information as to
affirmations and disbarments up to 1915 in the State of New York. Passing bit step farther,
clearly individuals from a calling gave to support and, under our foundations, qualified for
pay for such service, should not, on the off chance that we consider the freedom of the
individual alone, to be controlled in regard to pay for such assistance.
We should add to the present circumstance the mentality of the neighborhood relationship, by
which I mean the area bar associa-tions, which, in an encounter broaden ing over various
years regarding the Committee on Grievances and the Committee on Legal Ethics of the
American Bar Association, and like boards of the New York State Bar Association, I have
found pecul-iarly reluctant to carry individual individuals to the bar of equity. They will turn
to incredible and difficult endeavors at ne-gotiation and settlement of the particu-lar debate
that brings that man before them for order, and I may sum up by saying that in 90% of the
cases a liberal layer of whitewash is controlled to the lawyer com-plained of upon his
concurring "not to do it again."The confidencein the calling because of well known
information that it has groups of morals is more than obliterated by the disclosure that the
ordinances are yet brulum Julmen. A remarkable special case for the present circumstance
should be recorded on account of specific affiliations that have coordinated them-selves to
keep the neighborhood bar clean, and have appropriated liberal adds up to pay salaried
lawyers who commit themselves es-pecially to the undertaking of accepting, filtering and, if
important, introducing grievances to the proper court and getting the assurance of that court.
That has been particularly evident on account of the Association of the Bar of the City of
New York, of the New York County Lawyers' Association, of the Kings County Bar
Association in Brooklyn and of the Chicago Bar Association.

Each peruser can enhance this rundown, THE ANNALS OF 'FHE AMERICAN AcxDEMY
or discover special cases for it from his knowl-edge of his own local area.

How much does the nearby bar become dynamic and apply a genuine and viable impact in
the selection and appointment of judges?
How entirely evident, in this connection, are the expressions of Emory Washburn in his
acclaimed addresses on "The Study and Practice of the Law," conveyed at Harvard, that "the
legal advisor isn't just an individual from a calling however an individual from the
community."Yet the responses to the survey uncovered the way that in many areas it isn't
considered "the thing" for the bar, as an aggregate body, "to interrupt " legislative issues, and
it is by all accounts expected that the furthest degree it is "noble and appropriate " to go is to
have boards of trustees named to inspect into the capabilities of the chosen people of the
respective ideological groups, after they have been chosen, and to investigate their
qualification for the seat. The reality stays that the reports made by councils on legal nomi-
countries, in any event, when given the exposure that they are by the press, in a particularly
focus, say, as new York City', neglect to affect upon the cognizance of the vast lion's share of
citizens, who don't peruse the papers wherein these reports are given exposure and who might
not give a lot of consideration to them in the event that they did. At the point when one
rehashes that extraordinary argument of Rufus Choate, made before the Massachusetts
Constitutional Convention, in which he contends for the arrangement of judges as
unmistakable from their political decision by famous vote, one needs to wonder surely at the
elevated requirements of pride, un-biasedness and e8iciency by the by showed by the elective
legal executive of our incredible metropolitan centers. Anybody keen on a specific state has
just to request some lawful companion to speak with the complaint council from that state's
bar relationship to get such information.
As I would see it doesn't, however application should be made for such reestablishment. The
violation of corrective laws without genuine conviction is adequate verification of obliquity
of good character to warrant any court in disbarring. In the supplement to this volume show
up groups of morals, of the American Bar Association as well as of the Commercial Law
League of America. The way of the assortment attorney towards moral virtue has been a
challenging trip.

It has excited energetic conversation of thepropriety of the division of any expert expense
with a layman, which has been censured as managing the cost of a shroud whereby a legal
advisor, by fusing an assortment organization, can depend on methods for sales of busi-ness
in which the partnership, having no spirit, is allowed to enjoy, and from which he procures
the gather or consents to isolate his charges to get the business. A prominent commitment to
the wel-passage of the calling by and large, and to this part of it specifically, was made when
the New York County Lawyers' Association, in a meeting which kept going months, at which
these practices were talked about with represen-tatives of the "business attorneys," at long
last, in its eminent response to Ques-tion No. "This occurrence pathetically outlines the total
need of having seat and bar the same imbued with the con-viction that these principles of
moral lead are standards to which all legal advisors should adjust, regardless of whether the
attorney is an overall specialist, an assortment law-yer, a patent-legal counselor, a
carelessness attorney or a company legal advisor. " This isn't to say, notwithstanding, that
each attorney disregarding any group should be disbarred.
There are numerous situations where an attorney through enthusiasm or ignorance affronts
against the fundamental nobility of the calling in any case, being brought to book and
rebuked, might be adequate ly stunned into enthusiasm for the standards to remain or turn
into a valuable individual from the local area. Whatever the impermanent analysis of the
calling in famous assessment might be, the truth of the matter is that all really basic onlookers
of our social conditions have recorded their conviction, as did De Tocqueville, when he said,
for instance, that the impact which individuals from the legitimate calling "practice in the
public authority is the most impressive existing protection from the overabundances of vote
based system." In another sentence he alludes to the bar as the "most remarkable if by all
account not the only counterpoise to the vote based component." A similar conviction is
enrolled in the allure which is made to the New York State Bar Association on the side of an
International Bar Association, coordinated in Japan by Dr. Rokuichiro Masujima, ex-
President of that Association, Honorary Member of the New York State Bar Association,
Barrister at Law of the Middle Temple, just as a respected individual from the Japanese bar.

In a considerable lot of the talks followed through on Graduate school regarding the matter of
"Legitimate Ethics," one recognized speaker after another has underscored the way that the
incredible legal advisor isn't the one who enters the calling as a way to procure a fortune. He
should enter it, as we have noted above, as a vocation, with delivering administration.
The author finally concludes by say That, in any democracy, whether loosely organized or
highly articulated, public servants must, in theory, be controlled by lofty standards of
duty. That the people are entitled to know what those standards are, and where there are
none, to prescribe them. That judges, as well as lawyers, are to conform their conduct to even
more exacting ethical standards.