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

Page 80 text:

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.

Page 79 text:

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.

Page 81 text:

LEGAL ETHICS 7 This leads to books useful to lawyers as lawyers, or as the best informed class in society. I omit books of law, for your course has given you general knowledge to guide your purchase to full limit of your means, and practice will advance skill to choose faster than means to buy a law library. Every young lawyer should own and be familiar with Cieero's Moral Essays and Sharswood's Legal Ethics, and own the best eyelopedia and lexicon his means can buy. Of high literature in fields of history, oratory, romance, and poetry, a well informed friend and aid of library and catalogue will guide. He cannot do better than buy as many of the best as possible. Liable to be called into, and more or less expecting to take part in public affairs, he ought to have and read Leeky's History of Civilization, Herbert Speneer's Synthetic Philosophy, those parts relating to evolution of society, to the family, and to par- ent and child, VVake's Kinship and Marriage, Morganls Ancient Society-a highly instructive and philosophic work by an Amer- ican of so rare merit that, translated, it went through three Ger- man editions, and was familiar to German philosophers before appreciated at home or the first American edition exhausted. An army must have an arsenal, and a soldier a cartridge box. The lawyer called often to debate must have his fvacle mecam whence, as occasion arises, by perfect familiarity he can draw metaphor and illustration as point to argument or repartee. There are but two such books in our language-Kiing James, ver- sion of the Bible, and Shakespeare. They are each a wealth of illustration and metaphor. Make them yours inorat familiar friends. The Bible is unrivalled in purity, condensation, and power of plain Saxon. Saxon is the basis of modern English. The layman use most wholly plain Saxon words. The man who sits in the jury box speaks and understands it. Make yourself master of the plain Saxon vigor of the Bible and you can make a strong argument which the juryman can comprehend. I hope something I have done, suggested, or said may rouse to higher thought and aspiration and be remembered and of advan- tage to you. I wish you each may merit and attain abundant success to your utmost desire. lf at any time I can aid you in perplexity, come to me and so oblige me and please me. New it remains only to say good bye.