Proceedings of the Joint Sessions of the Bar Associations of Arkansas and Texas and of the Separate Sessions of the Bar Association of Arkansas and of the Texas Bar AssociationThe Association, 1928 - Bar associations |
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adopted amendment American Bar Association annual appointed Arkadelphia Association of Arkansas attorney Batesville bearer bonds bill Blytheville Buren Camden Chairman Chas Circuit client Cockrill Coleman Commission committee Constitution corporation counsel Crawford Digest district duty El Dorado elected Fayetteville Forrest City Fort Smith Frank George Harry Helena Helena Little Henry highways holding company Hot Springs Hot Springs Little interest interstate commerce J. H. Carmichael John Jonesboro Judge judicial jury justice lawyer legislation Legislature litigation Little Rock Hot Little Rock Little Lonoke Mann Marianna Martin McCulloch meeting Memphis ment Morrilton Nashville negotiable Newport Oklahoma Paragould person Pine Bluff practice Prescott President President's Address profession regulation Rock El Dorado Rock Fort Smith Rock Hot Springs Rock Little Rock Russellville Searcy Section Smith Little Rock Springs Little Rock statute Supreme Court Texarkana tion Trieber Trimble Williams
Popular passages
Page 52 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged ; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any man's cause for lucre or malice. SO HELP ME GOD.
Page 48 - TO CONTROL THE INCIDENTS OF THE TRIAL As to incidental matters pending the trial, not affecting the merits of the cause, or working substantial prejudice to the rights of the client, such as forcing the opposite lawyer to trial when he is under affliction or bereavement; forcing the trial on a particular day to...
Page 88 - No client, corporate or individual, however powerful, nor any cause, civil or political, however important, is entitled to receive nor should any lawyer render any service or advice involving disloyalty to the law whose ministers we are, or disrespect of the judicial office, which we are bound to uphold, or corruption of any person or persons exercising a public office or private trust, or deception or betrayal of the public. When rendering any such improper service or advice, the lawyer invites...
Page 80 - The lawyer must decline to conduct a civil cause or to make a defense when convinced that it is intended merely to harass or to injure the opposite party or to work oppression or wrong. But otherwise it is his right, and, having accepted retainer, it becomes his duty to insist upon the judgment of the Court as to the legal merits of his client's claim. His appearance in Court should be deemed equivalent to an assertion on his honor that in his opinion his client's case is one proper for judicial...
Page 89 - ... gives advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. He must also observe and advise his client to observe the statute law, though until a statute shall have been construed and interpreted by competent adjudication, he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. But above all a lawyer will find his highest honor in a deserved reputation...
Page 43 - ... 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 professional 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 between Bench and Bar.
Page 81 - Marked attention and unusual 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.
Page 43 - ... and it should strive to have elevated thereto only those willing to forego other employments, whether of a business, political or other character, which may embarrass their free and fair consideration of questions before them for decision. The aspiration 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.
Page 72 - A lawyer should always treat adverse witnesses and suitors with fairness and due consideration, and he should never minister to the malevolence or prejudices of a client in the trial or conduct of a cause. The client cannot be made the keeper of the lawyer's conscience in professional matters. He has no right to demand that his counsel shall abuse the opposite party or indulge in offensive personalities. Improper speech is not excusable on the ground that it is what the client would say if speaking...
Page 45 - In determining the amount of the fee, it is proper to consider : (1) the time and labor required, the novelty and difficulty of the questions involved...