University of Nebraska College of Law - Yearbook (Lincoln, NE)

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LEGAL ETHICS 73 makes each dependent for much and on many. The more privi- leges one has the greater and more numerous his debts. There- fore, the virtues-courage, truth, loyalty, and kindness, are car' dinal and essential to social life. This much to all entering active life. I hope none have taken law as an easy way to get bread. That motive will make you fail or be poor lawyers. No one was ever a great lawyer who had not burned oil far past mianigiit, even to sunrise. The law is a jeal- ous mistress. Diversion of energy to other objects she revenges by lessening standing and success. Eminent success cannot be won without undivided and earnest labor. The law is a liberal profession and imposes special obligations. The lawyer is an ofhcer of the courts of justice, a priest in service of a sanctuary. He should respect the profession and vene1'ate justice. He should seek success not for its pleasure or profit, but to thereby serve justice. Look not on the court as a iield of combat. Do not work for mere reward. The highest reward if you love justice is the delight in your own heart in vindicating right. Love justice for herself and you will stand well with the public and the bar, and will not lack business. Never try to deceive court or jury. Do not suppress evidence or seduce witnesses. Remember truth is a cardinal virtue. You may argue on conflicting evidence what the fact is. From im- perfect observation or memory, witnesses will disagree. You -can point this out and argue truth is on your side. On conflict- ing authority you may argue better reason is on your side. This is as far as you can go. Let your argument on fact and law be honest, without attempt at misstatement or suppression. Never refuse aid to distress, however unpopular the cause or strong the adversary. Serve such as cheerfully as the knight of chival1'y. You cannot, as he, live on hospitality, and so cannot render all your service to distress, but if you see right denied to -one poor make as earnest effort as though for a large reward. lllhatever is worth doing is worth well doing, whether re- warded or not. You cannot afford to be slipshod. Do what you do well though gratis. Slovenly manner will detract from business, letters and papers should be clean and without erasure. Have your cases ready for trial when reached. Never permit surprise to Iind you unready.

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72 ,THE DIGEST thy heart and with all thy soul and with all thy mind, and added f'The second is like unto it iThou shalt love thy neighbor as thyslff He could not put the duty due from man to God above that due from man to man, and said in substance there is no duty due one higher than to the other. God requires no more of you to him than of you to your fellow, you owe to the neighbor as high duty as to the Creator. I think I may Well say then that self interest alone is not a right guide to moral conduct. A most difficult thing is right and Wise living. ' One must be self-respecting and not self important, must maintain personal dignity, yet be not quick to take offense not intended, there must be some reserve, but not too much. The capable man who does not assert opinion, nor lead in difficulty cannot rise to his merit. Society cannot rely upon or trust one who has no confidence in himself. If one is diiiident and retiring, preferring study to mingling in affairs, the busy World Will go by not marking him out. Courage and the self-confidence it gives is indispensable to success in life. Egotism is less vicious than timidity and cow- ardice. Society is but co-operating activity, and you must be social and conipanionable, have and express opinions and be ready to lead if called, avoiding offensive egotism. Attain this iuiddleway if you can, but at all events have courage. Be truthful and honest. How can one trust another who is not both? A truthful man must be honest, save the rare fevv Whose conscience and self-respect are Wholly gone. A truthful man may be dishonest. I-Ie' is totally depraved Who can admit it. One may do wrong, but will argue with conscience to some Way jius- tify it. Manfred said, C' I have ceased to justify myself unto myself, the last extremity of evil. '7 A volume of philosophy is in that sentence. Only the utterly bad will not try to excuse his wrong doing, Loyalty is kin to truth. It is truth coupled With self-devotion, yielding self to duty. It is negation of selfishness and ingrati- tude, and goes hand in hand With truth. The disloyal to friend, humanity, or country is unworthy of confidence of friend, hu- manity or country, and not worthy or likely to succeed in life. Kindness is due from every living being to all living beings, for none can be free from duty to many others. The social structure

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74 THE DIGEST Be loyal to the client always, prefer his interest to your own, keep his counsel inviolate, avoid other than professional business with him, neither buy of him or sell to him. It may smirch your honor. Let not a business day pass with a collection unremitted. Do not use or speculate on it or pass a day for pleasure of carry- ing it. If channels of commerce have not closed, remit the day received, at all events the first business day. Control yourself. Never appear surprised and thrown 011' your poise. Observe this especially at critical times in trial or debate. Composure will carry you by many a danger that per- turbation may betray to your adversary of which he is unaware. Never show violent or sudden anger or yet elation, except under extraordinary circumstances, better seem cold than mercurial. Be always courteous. Whatever his rivalry with associates a. lawyer should always have brotherly regard for them, without jealousy or quarrel. To the young lawyer be kind as a father, give him use of your ofiice, library, counsel, and assistance, as freely as to your child. Never be guilty of brow-beating, bully- ing or discourtesy to witness, party, or counsel, no good end can be gained or good cause served by it. In choosing its lawgivers and governmental agents society takes ratably more lawyers than others because they have studied the 1'elations of persons and property and are fitted for the service. This casts on the bar duty to study political economy and the philosophy of social development as well as law. No pursuit so requiresa large fund of general information. To try his cause the laxvyeriliaflay have to study any branch of science, mechanics, chemistrygsmedicine, surgery, art, or even dry dogmatic creeds. It were futile to enumerate. He cannot have all books, nor be- fore entering practice acquire all human learning. But he should have general knowledge and familiarity with books and liberal learning that he may know where and how to seek fuller know- ledge of any subject as need arises. This liberalizes and broadens his views. He sees that no social, political, or other institutions are ixed, stable, or U ordained , that all institutions, even mar- riage and the family, are but result of evolutionary processes. Seeing how and whence present institutions came to be, he real- izes that those we are wont to deem H sacred may in course of social progress change form or yield to others widely different.