LEGAL ETHICS Answers to Questions Submitted to the Committee on Professionel Ethics of the New York County Lawyers' Association [Editor's note: The entire series of questions on professional ethics submitted to the Committee with its answers thereto will be printed by installments. In most of the states applicants for admission to the bar are examined in legal ethics; in all of them such applicants should be familiar with the ethical principles governing professional conduct.] 1. Question: A member of as associate and outside man the Bat submitted to the Com- to call on trade for business, mittee a sample business card a hustler; percentage of profthis office." containing his name, profes-it. Box sion, office address, and telephone number, and asked the Committee whether the insertion of such a card in a trade journal would be deemed unethical. The attorney. expressed the view that such advertising should be discouraged, and invited the action of the Committee. Answer: The Committee agreed with the view that such advertising should be discouraged and concluded that its proper action would be to call the attention of the periodical to the Committee's view. It addressed the editor as follows: sort of advertising were discouraged, and have after careful deliberation decided to call this advertisement to your attention, not at all with any idea of interfering with your (Continued page 10, col. 3). "Lawyers may well heed the advice of Senator Beveridge, who summons the profession to combat the assaults made on the United States Supreme Court as the interpreter of the fundamental law of the land. Demagogues and misguided zealots, who, on the one hand, propose its abolition, or, on the other hand, advocate its emasculation by constitutional amendment, authorizing the Congress to re-enact statute already annulled as unconstitutional by that tribunal, must be unmasked as potential assassins of democracy. NEWS OF THE SCHOOLS (Continued from page 1, col. 5) a Department women engaged in various Gonzaga University Law trådes and businesses for a higher education. The course Last year was celebrated the is of four years' duration, in tenth anniversary of the accordance with the require- founding of the Gonzaga Unments of the Ohio State Bar iversity Law School of SpoAssociation. Classes are held kane, Washington. Edward J. four nights week from Cannon, LL. D., Dean, was 5:30 to 7:30 P. M. The placed in charge of the school faculty of the Law Depart-mains the head of this deat its inception, and still rement is composed of promipartment. Under his able adnent lawyers in actual practice ministration the Gonzaga Law in Dayton. a School has attained an enviJohn C. Shea received the able record for scholarship. honorary degree of Master of Several new professors have Laws at the University of No- been added to the staff, makin tre Dame, and for some years ing ten number. Hon. served as President of the Richard M. Webster, LL. D., Montgomery County Bar As- Judge of the Superior Court, sociation. Associated with is lecturing on Evidence, while Mr. Shea as members of the Judge Henry W. Canfield, LL. B., has taken the work of faculty are other distinguished the professor of Constitutionmembers of the Dayton Bar, al Law. as follows: Judge Routzahn, Samuel Markham, Joseph B. Murphy, County Prosecuting Attorney A. H. Scharrer, Virgil Schaeffer, Guy H. Wells, and A. E. Leen. "In the economy of our Government the Supreme Court was conceived by the founders as a bulwark against the caprices of a temporary legislative majority, and the sanctity of its utterances has been the most vital contribution to the cause of constitutional government the world has witnessed. Judicial statesmanship, our greatest need, can be perpetuated only by. the functioning of the court as originally instituted."-Arthur A. McGiv The law classes are held five evenings each week from 7:00 to 9:30 P. M. The course extends over a period of four years. The entrance requirements, as approved by the State Board of Law Examiners, expect students who have successfully completed their high school work to have at least two years of college studies before they are adthe bench to enter the prac-mitted to the degree of Bachtice of law in New York City.elor of Laws. Justice Cohalan Resigns Justice Daniel F. Cohalan of the Supreme Court of New ney, York State has resigned from prominent New York attorney. a LEGAL RESEARCH TRAINING CLASS Answer: "The form of advertisement proposed by you cannot be characterized as unprofessional, but its adoption must be left to the sense of propriety of the individual practitioner. The Committee, "The Committee believe however, does not approve of that it would be for the benesuch form of advertisement." fit of the Bar at large if this 2. Question: I am attorney for one Mrs. A.; on January 2nd I commenced proceedings against her husband in the Magistrates' Court, which resulted in his being placed under bond to pay his wife the sum of $5.00 per week. On the trial of this proceeding it developed that the husband ha obtained a decree of divorce in Nevada, and that he had remarried. I have learned from reliable sources that prior to the second marriage the second Mrs. A. had been living with Mr. A., and that the said second wife had knowledge of the first marriage. I have been instructed to bring suit for alienation of affections, and in such suit it will be necessary to prove knowledge on the part of the second wife of the first marriage and also cohabitation. My client is unable to pay for the detective services necessary, and I have a private detective who is willing to make search for the witnesses upon a contingency, that is, a percentage of any sums that may be recovered. My associates here seem to think that such an agreement would contravene the rules of ethics. I have spoken to Mr. B., who seems to think that there is nothing inherently bad in the agreement, but he has referred me to you for authoritative opinion. Answer: "The inquirer should be advised that this Committee disapproves the course suggested in the question submitted." 3. Question: An attorney directed the attention of the Committee to the following advertisement: "WANTED-In collection business I started, an attorney Editor of The Law Student. Dear Sir: I am sending enclosed a photograph, which I hope you will find of interest-a group of the most assidious attendants on the Legal Research Training Class I am in charge of at the Law School of the University of Porto Rico. If you think it worth while, you may publish a cut in "The Law Student." The Law School is now housed in temporary quarters, pending the construction of a suitable building, for which an appropriation will soon be available. Porto Rico has been frequently mentioned as an ideal location for a great Pan-American University. Very truly yours, A. Gonzalez Lamas. Loyola University Law School The Law Debating Society of the Loyola Law School has adopted a charter composed of a preamble and eight articles. The preamble states the three-fold purpose for which the constitution is ordained and established. The articles have reference to the Name, Object, Membership, Officers, Meetings, By-Laws, and Amendments. The eight articles contain the names of the Ivarious Class Presidents who obligate themselves to render aid and support to the society, and to refrain from the organization of any society which would conflict with the present society. The Law School has taken cognizance of the fact that the "Ginger Pot" is of vital necessity to the university, and therefore wishes to pledge its wholehearted support. The department anxiously awaits further details of the year book in order that they may contribute their share toward making it a success. Pre-Legals are still talking about the wonderful success of Loyola Night on the Capitol. Rene Broun, in selling twenty-two tickets to this event, won the prize offered by his classmates. The PreLegal students disposed of more tickets for the ride than any other class in the university. (Continued page 7, col. 1) (Continued from page 6) Cumberland University Law School Thirty-six members of the senior law class of Cumberland University received the degree of LL. B. January 22d at the annual mid-term commencement exercises at Caruthers Hall beginning at 10 o'clock. A full house was present to see these young men go out into the world with degrees in their hands. Dr. John Royal Harris, president of Cumberland University, presided over the exercises and delivered the degrees. On the platform were, besides Dr. Harris and the principal speaker of the hour, Prof. Albert S. Williams, Judge W. R. Chambers, Dr. W. P. Bone, Prof. Walter B. Posey, W. J. Baird, Prof. A. P. Whitlock, Dr. D. B. Dobbs, and others. Prof. Albert S. Williams delivered the address of the occasion. Before the speechmaking and the delivery of the diplomas a musical program was rendered by the orchestra and others. BOARDMAN HALL (COLLEGE OF LAW) CORNELL UNIVERSITY CORNELL UNIVERSITY COLLEGE OF LAW a The entering class at Corcrease of about 40 per cent. nell last year showed an infull four of the students now regis The following are the memless than a high school course. | work for admission. In the bers of the graduating class: The length of the course was United States, at the present S. W. Rutherford, president; originally two years. A slight time, there are 34 law schools H. R. Freeman, vice presiincrease in the entrance re- which require two years of dent; Sim T. Carmen, secre- Plans have been completed | Graduate School in 1925 quirements was made in 1892, college. tary-treasurer; Eugene F. for the 1924 summer session Announcement has been and in 1898 a further change Everette, orator; Jack Boren, of the Cornell College of Law, Burdick that by action of the for admission to the general made by Acting Dean C. K. and advance was authorized historian; A. E. Ross, poet; which will begin on Monday, Board of Trustees, taken at course-namely, Bruce T. Bair, John M. Holliday, A. K. Berman, L. B. June 23, and continue for their January meeting, the years' high school course. tered in the law college, twoClements, R. L. Collins, W. eleven weeks. Cornell University College of In 1907, a four-year law fifths of these have a bacheB. Foster, P. S. Frye, E. N. Courses in Contracts, Agen- Law will become a graduate course was made effective, but lor's degree or will have at Goad, R. C. Haynes, Harry cy, and Personal school in September, 1925. since one of these years was the end of the year. Property Beginning at that time, all en- made up of work in the Col- When the work of the CorL. Kidd, M. E. Lawrence, H. will be offered for students trants from other universities lege of Arts and Sciences, the nell Law School was first E. Little, C. G. Miller, R. G. Murray, J. C. Mahan, R. J. beginning the study of law, will have to present a bach-graduates of the Law School opened in September, 1887, Clentine, W. T. Pate, Jr., W. and eight other courses for elor's degree. Students in the were thus assured at least one there were 3 professors and N. Paris, A. W. Touchton, B. students who have had some Cornell University College of year of general college edu- about 50 law students. Now Arts and Sciences, however, cation. B. Snipes, Dewitt Tucker, R. law study. there are 7 professors and In 1919, a still further ad- 152 students. The initial resE. Turnham, J. M. Williams, session is open not only to will still be able to get the of E. L. Witherington, J. T. students at Cornell, but to A. B. and LL. B. degree in vance became effective by the ident faculty consisted Worley, W. P. Yates, W. H. law other six years, by electing the first requirement that applicants Judge Douglas Boardman, as Tyler, Kenneth Blackwell, E. schools who desire to take year of Law as seniors in the for admission should present dean, and resident Professors, R. Wiseman, and Robert Bell. extra work or secure courses College of Arts and Sciences. a certificate showing satisfac- Harry B. Hutchins, Francis which they are unable The new legislation with re- tory completion of two years M. Burdick, and Charles A. John Randolph Neal School take during the regular year. gard to the College of Law of general college work in a Collin. The second dean was Special students will be ad- will have no effect with re- college of approved standing, Judge Francis Miles Finch, Dean Neal of this school mitted in the discretion of gard to students entering the which was the regulation up the noted jurist, who was for the faculty. The College of Law prior to Sep- to the recent ruling. 1 over 15 years a member of has announced his candidacy At the time of this advance the Court of Appeals of New for governor of the state of session faculty includes the tember, 1925. 18 of the 50 law schools com- York. He was the close perTennessee on a platform fav-names of regular members of Cor-prising the Association of sonal friend and legal advisoring the $75,000,000 road bond the Cornell faculty and prominent law teachers from other American Law Schools are re- or of Ezra Cornell, the foundissue, for abolishing the con- institutions. quiring two years of college er. vict lease system, and for certain changes in the state uni versity. of Law Wilson was held by the stud classes. The students from Law summer to summer History of School February 6th, a memorial Fordham University School of Year Morning Class, Presi- At the meeting of the De- have made possible the event service for the late Woodrow dent Mary Ryan requested the bating Club of the Second of a dance of the Class of class to stand for one minute Year Morning Class, held 1924. Never before have the The First Year dance was in silent prayer as a tribute February 14th, permanent offi- three classes combined in an ents of the school in the evening in place of the regular held by the class of 1926 on to the late Woodrow Wilson. cers were elected for the bal- affair of this kind. Six students made Saturday night, March 1st. The The Woolworth Building was ance of the year. They are: Thomas A. McCarthy, who addresses Robert Cunning- morning, afternoon, and even-seen to shiver from "stem to Robert Stillman, president, was graduated from Fordham ham on "Wilson the Writer," ing sessions combined so as stern" February 14th between "Baron" Parlas, vice presi- University School of Law in Rupert Reynolds on "Wilson to make it a real First Year 9:30 and 9:40. The tremor dent, and Mr. Rindone, secre- 1923 with an LL. B., will open the Statesman," Edward dance. Mr. McHugh of the was due to the ovation given tary. A committee was ap- his office in the De Witt Youngblood on "Wilson the morning class, head of the to Prof. I. Maurice Wormser pointed to arrange programs Building, Bayonne, N. J. He Humanitarian,' Heuston Committee of Arrangements, by the Second Year Morning for the remainder of the year, passed his New Jersey bar Brown on "Wilson the Law- formulated elaborate plans Class, who has returned to consisting of Joseph A. Sigle examinations and was admityer," John Scott on "Wilson which made the affair a huge and "Baron" Parlas. ted to practice on January 5th, and His Relation to Labor," The three. Senior Class 1924. and G. J. MacFee on "Wilson On February 6th, as the disPresidents, Mary Ryan, Tony and the League of Nations." missal bell rang for the Third Uihlein, and Terrance Mullen, success. teach "Corporations" during (Continued page 15, col. 5) In these articles accompanying the specimen state bar examination questions we have emphasized many times that we print such questions to give law students opportunity for practice in analyzing and dealing with them, not in an attempt to instruct in the law by any method of quizzing. By endeavoring to answer the questions independently writing, and by searching the Corpus Juris-Cyc system for correct answers, the law student can not only test his ability to cope with bar examination questions; he also can secure training in legal search. Matters Touched Upon in We present this month's selection of specimen state bar examination questions with confidence that they will be of real use to law students. A wide range of topics is touched upon, from "Adjoining Landowners" and "Adverse Possession" to "Wills." If the law student will take each question deliberately in order, analyze it carefully, and answer it in writing before investigating the following citations, he will secure training in question-analysis and in reasoning to correct specific conclusions from the fundamental principles of law which it is the chief business of his law school course to ground him in and which he will find stated in "Outlines for Review." Character of Questions In the present group of questions the usual bar examination is well exemplified. There are questions of the specific factual type- those that narrate a number of circumstances and ask inferentially what legal principles govern the state of facts. Examples of such questions are (1), (2), (9), and others. There are also the simpler but even more inclusive direct questions, as (15), inquiring whether a court of equity can disregard statutory and constitutional provisions to avoid rendition of an unconscionable judgment, or (16), inquiring as to what extent the statute of frauds applies to contracts for the sale of goods. Dealing with Different Types The first type of question, that narrates facts and then demands statement of the legal rights of one or more of the parties involved, calls into play the student's ability to analyze such facts and to determine what legal principle or principles control. The second type of question, which is direct and more inclusive, requires in the student a capacity to state briefly but ade textbook ог STATE BAR EXAMIN (1) A laundry company operated a laundry employing 50 workmen. During the night it removed a stair case running from its main floor to the basement. The next morning, when A came to work, the opening to this staircase was so dark that the absence of the staircase could not be noticed. A's duties required him to go to the basement. He stepped into the opening where the stairs had previously been, fell through, and was injured in such a way as to be disabled for life. A sued the company claiming $20,000 damages on account of the foregoing and pleading the foregoing facts. Defendant entered a demurrer asserting that such facts did not constitute a cause of action. What decision? (See "Master and Servant," 26 CYC pp. 1097-1101, 1113, 1169; Outlines for Review, p. 243.) (2) A desired to purchase a horse owned by B. He went to B's ranch, and offered B $300 for the horse. B replied that the horse was out on the range and that he could not show it to A just then. A replied that he knew the horse, and did not care to see it before making the purchase, but would pay the $300 to B and go out on the range himself and catch the animal. To this B agreed, accepted the $300, and gave A a bill of sale. A found the carcass of the horse, which had evidently been dead for several days. The reason why A was so anxious to buy the horse was that he knew he could sell it to a neighbor for $750. What are B's obligations to A, if any? (See "Sales," 35 CYC p. 45; "Contracts," 13 C. J. section 264; Outlines for Review, pp. 173, 189.) (3) Under what circumstances, if any, can specific performance be had of a contract for the sale of a chattel? (See "Specific Performance," 36 CYC pp. 556-566; Outlines for Review, pp. 188, 309.) (4) A owned two lots and erected a building on each. One lot he sold to C and the other to B. B dug a trench on his lot, in connection with erecting a garage, as the result of which the earth slipped and C's house fell in. Has any right of C's been violated by B? (See "Adjoining Landowners," 1 C. J. sections 33, 39; "Easements," 19 C. J. section 103; Outlines for Review, p. 258.) (5) What do you understand by the words "title by adverse possession?" What are the essential elements in the acquisition of such a title? (See "Adverse Possession," 2 C. J. section 1; Outlines for Review, p. 275.) WITH REFERENCES FOR FULI (6) P owned a coal business which he allowed his brother A to carry on in A's name. A made a bargain with T, a tailor, that T should make a suit of clothes for A and take his pay in coal. A had the coal delivered to T and received the clothes. A died soon after, and P, finding a charge on the books against T for the coal, sued T for the price. A pleaded set-off and payment by the price of the clothes. T acted in good faith, supposing A to be the owner. Judgment? (See "Agency," 2 C. J. sections 560, 561; "Estoppel," 21 C. J. section 180; Outlines for Review, p. 207.) (7) A sales agent of a corporation, in endeavoring to secure a contract for the corporation in competition with an individual seller, made slanderous statements concerning the competitor's business character and methods. The latter sued the corporation for slander. Judgment? (See "Corporations," 14A C. J. section 2855; Outlines for Review, pp. 142, 143.) (8) A's house needed painting badly. He intended to have the work done immediately, and so told his neighbors in the course of conversation. While A was away for a few days, X, one of his neighbors, painted A's house. When A returned home he was very much delighted, but when X presented him with a reasonable bill for labor and materials A refused to pay. What rights has X? (See "Contracts," 13 C. J. section 95; "Work and Labor," 40 CYC pp. 2806-2810; Outlines for Review, pp. 167, 188, 189.) (9) A said to X: "I will give you $25 if you will walk from the Hotel Utah to Murray." B, who was with them, said: "That is a fine idea. I will also give you $25 if you will promise to walk to Murray.' X, addressing both A and B said: "That is a bargain. I will start at nine o'clock in the morning." A and B replied: “All right." The next morning X started at nine o'clock from the Hotel Utah, walking to Murray. When he was about half way there, A and B passed him in an automobile. As they went by, each shouted to X that they had been joking and that the bargain was all off. Nevertheless, X continued and walked to Murray. He now asks your advice as to how much he can collect, and from whom. (See "Contracts," 13 C. J. sections 57, 58, 72, 73, 94, 101, 163, 170, 730, 731; Outlines for Review, pp. 163–168, 171, 172.) (10) One Johanna Wagner, an opera singer, entered into a contract with one Lumley, plaintiff, turn to the how such fundamental prinquately a principle of the law student of our remarks in our al or basic principles of law. aided, he can as it would be developed in a issue of February 15th as to Such principles are stated in following references to "Out- ciples are specifically applied encyclopedic how these specimen questions Mr. Clark's "Outlines for Re- lines for Review," note the in the particular cases. of and citations for answers may view work. the Fundamental fundamental principle govern- Examples of Reasoning from be utilized to secure training Principles of the Law," and, ing the questions, and then, Fundamentals Reasoning from Fundamentals in reasoning to specific legal after the student has attempted by turning to the specific CorWe venture to remind the conclusions from fundament- to answer the questions un-pus Juris-Cyc references, note In the issue of February (12) M, a minor, purchased realty, paying part cash and executing a mortgage to the grantor, B, to secure the balance. Immediately on coming of age, M conveyed the land to C. B subsequently brought foreclosure, and M pleaded infancy as a defense. Is his defense good? (See "Infants," 31 C. J. sections 60, 55; Outlines for Review, pp. 246, 247.) (13) K, a ball player, agreed to contract to render professional services to the Chicago Base Ball Club. The owners of the Cleveland Club, knowing this fact, nevertheless induced him to sign a contract to play with that organization. The player afterward repudiated his contract with the Cleveland Club, and then entered into the original contract. Can the Cleveland Club enjoin the performance of the services with the Chicago Club? What maxim of equity is applicable to this state of facts? (See "Equity," 21 C. J. sections 163, 165, 177; Outlines for Review, p. 44.) (14) Draw a distinction between the following equitable,maxims: "He who seeks equity must do equity." "He who comes into equity must come with clean hands." Which of these two is the more comprehensive? (See "Equity," 21 C. J. section 164; Outlines for Review, p. 44.) (15) Can a court of equity disregard statutory and constitutional provisions, in order to avoid the rendition of a judgment manifestly unconscionable? What is the equitable maxim applicable to such a situation? (See "Equity," 21 C. J. sections 184-186, particularly section 185, text and note 64; Outlines for Review, p. 44.) lows: (16) If any, to what extent does the statute of frauds apply to contracts for the sale, exchange, and delivery of personal property? (See "Frauds, Statute of," 27 C. J. sections 234-303; Outlines for Review, p. 170.) (17) Is a boy seventeen years of age and of normal mind liable: 3. For his contract for necessaries? (See "Infants," 31 C. J. sections 203–247, 169–181; Outlines for Review, pp. 142, 247, 125, 246.) (18) Jones, an infant, working for a jeweler, agreed to take goods in part pay of wages, and received a diamond ring, which he lost. Can he disaffirm his contract and recover the value of his service in money, disregarding the value of the ring? Give reasons. (See "Infants," 31 C. J. section 198; Outlines for Review, p. 247.) (19) Matthews, having made his will in accordance with the requirements of the Ohio law, was in his last sickness, but of sound mind and memory and not under any restraint. He desired to revoke that will, but not having it at hand, he called two competent, disinterested witnesses to whom he said: "I want both of you to bear witness to this my last will and testament. I desire to revoke absolutely the will I made last year which is in my safety deposit box, and I want my wife and my son Robert to have all my personal estate. But as my son Tom and my daughter Ruth have already been well provided for by me, I do not want them to have any of the personal property that belongs to me now. Matthews died that same day. The words quoted above were reduced to writing and subscribed by the witnesses within ten days, and the writing was promptly presented for probate as a nuncupative will. Should it be admitted as against the written document? Give your reasons for your answer. (See "Wills," 40 CYC pp. 1171, 1172; Outlines for Review, pp. 289, 290.) (20) Defendant A was employed by defendant B to keep trespassers off B's land. A committed a severe battery upon C with a club. The court charged the jury that if the servant committed the battery in the course of his duty to put trespassers off, the master was liable, even though the battery was wanton or vindictive. Was the instruction correct? (See "Master and Servant," 26 CYC pp. 15251529, 1531, 1539-1541; Outlines for Review, p. 244.) 15th question (5) read as fol- were thus enabled to live un-J. section 272, text and note Here the fundamental principle stated in "Outlines for Review" at p. 125 is that no man can, on the plea of neces sity, excuse himself for taking the life of an innocent person. This principle is readily applied to the state of facts outlined in the question, and the correctness of the application can be tested by refer ence to the title "Homicide," 30 C. J. section 272, text and note 56. Question (7) in the same issue of February 15th read: "A private corporation is granted an irrepealable charter. The state, under whose jurisdiction the corporation is, subsequently passes a law amending the charter in a material respect without the consent of the corporation. Is this law constitutional? State your reasons for your answer. (See 'Constitutional Law,' 12 C. J. section 648 ff.; 'Corporations,' 14 C. J. section 184; Outlines for Review, p. 48.)" Here the fundamental principle is supplied by the provision of the federal constitution that no state shall pass any law impairing the obligation of contracts, noticed in "Outlines for Review" at p. 48. The application of the principle to the question can be readily Imade and then tested by reference to the titles "Constitutional Law," 12 C. J. at section 648 and following, and "Corporations," 14 C. J. at section 184. Another Example In the same issue question (13) read: "The Singer Manufacturing Company, by written contract, employed one Corbett to sell its sewing machines. He was to be paid for his 'services' solely by commissions on sales and collections. The company furnished a wagon; he furnished the horse and harness in canvassing; agreed to devote himself to the business under the direction of the company and under its rules and regulations, and to pay expenses attendant on the business; also not to make use of the company's name in such a way as to lead to the belief that the company was responsible for his actions. He might be discharged at any time, but must give ten days' notice on leaving. Contract forfeited if he sells any other machines. Is Corbett an agent or a servant of the company? (See 'Agency,' 2 C. J. section 9; Outlines for Review, pp. 199, 200.)" The principles controlling on the point whether one is a servant or an agent are stated in "Outlines for Review" at pp. 199, 200, and the correctness of the student's application of the principles to the facts of the particular question can be tested by reference to the title "Agency," 2 C. J. section 9. Conclusion We strongly urge each one of our readers to make full use of these bar examination questions by treating them as we have suggested in this and prior issues, and by always endeavoring to reach the correct specific conclusion by a process of reasoning from the fundamental principles of the law as developed and stated in "Outlines for Review." as and The Selection of Judges "It is the duty of the Bar to endeavor to prevent political considerations from out-weighing judicial fitness in the selection of Judges. It should protest earnestly and actively against the appointment or election of those who are unsuitable for the Bench; 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." [From the Code of Ethics adopted by the American Bar Association in 1908.] LEGAL ETHICS (Continued from page 6, col. 2) BRIEF ON APPEAL "Outlines for Review," Appellant v. Yourself, appellee. Statement of Case You as a student not having yet availed yourself of the opportunity to purchase it, "Outlines for Review of the Fundamental Principles of the Law" appeals from your decision and judgment. Argument and Authorities The book is published singly and solely to assist you as a law student; it is a genuine and efficient student helper. (See "The Law Student," Vol. 1, Nos. 2, 3, and 4.) It was written by one of the eminent of American authors-William L. most legal Clark. (See "Outlines," title page.) It covers, in about 500 pages, xcii.) It contains many problems, similar to state bar examination questions, with references for full answers. icy when the existence or terest upon an accounting by amount of liability is disputed. an executor or administrator There are subdivisions de- is more properly treated in the voted to each of these sub- title "Executors and Adminisjects. In addition there are trators." The same is true of subdivisions taking up the the rights and liabilities of matters of Contribution be- other fiduciaries or persons in tween Insurers; Subrogation particular relations, which are of Insurer; Reinsurance; Ac- treated in the particular titles tions for Premiums and As-dealing therewith, such sessments and on Notes There- "Agency," "Assignments for for; and Jurisdiction, Process, Benefit of Creditors," "Attorand Venue. The chapter de-ney and Client," "Depositarvoted to Actions on Policies ies," "Factors," "Garnishment," is of particular interest. In "Guaranty," "Guardian this chapter is a full discus- Ward," "Infants," "Insane sion of the general rules applic- Persons," "Partnership," able to the nature and form "Principle and Su.ety," "Reof actions on insurance poli- ceivers," "Sheriffs and Constacies, the conditions precedent bles," etc. The cross referento suit, the time to sue and ces upon pages 177 and 178 of limitations, the parties, plead- the volume should be consult- business or attempting to dic-| feature as well as the promptings, and evidence, questions ed in this connection for a tate the policy of your paper, ness, efficiency and convenifor court and jury, instruc-more complete list of the but merely for your informa- ence of the service, the low all of the fundamental princitions, judgment, review, costs, specific matters taken up in tion, in the belief that you cost and the business-like ples of the common law, sucand special damages, and at- other titles. would gladly co-operate with methods pursued, appeals to cinctly, yet adequately. torney's fees. "Internal Revenue." This is them in any form of action us very strongly, and we feel (See "Outlines," table of "Insurrection and Sedition." the title which relates to the intended to raise the ethical that other business men would contents.) This title takes up questions taxing power of the federal standing of the Bar. The mat- gladly avail themselves of the Its merits have been dewhich relate to the rising of government. The student ter is therefore respectfully services of this firm if these clared by many competent a number of persons against should be careful to distin- submitted to you for your con- advantages were pointed out. judges. civil authority for the purpose guish it from the title "Tax-sideration." In fact, we are advised that (See "The Law Student," of preventing by force the ex-ation" in which is taken up the The Committee, through its within the past year some Vol. 1, Nos. 2, 3, and 4.) ecution of the law or of forci- taxing power of the states Secretary, was subsequently twenty-five large firms and It contains a quizzer coverbly overthrowing the govern- and its exercise. For exam- advised that the periodical in corporations have retained ing the whole text, hence, the ment. Most important, per-ple, the Federal Income Tax question would do all in its this firm on a similar basis. whole body of the common haps, among the subjects in- is discussed in "Internal Rev-power to prevent such adver- They employ a competent law. cluded is the discussion of the enue;" state income tax laws, tisements from appearing in staff, and their offices are (See "Outlines," pp. xv to statutes relating to criminal where they have been the sub- the future. syndicalism, a recent addition|ject of litigation and judicial 4. Question: An inquirer to our criminal law. consideration, are taken up in submitted the letter given beInsurrection should be dis-"Taxation." A like method of low, and asked in substance tinguished from treason, which treatment is followed in the whether is it proper profesis discussed in the title of that case of federal and state in- sional practice for a lawyer to name, although it is a crime heritance and estate taxes, the procure business through the of the same general class, and federal law being discussed in systematic efforts of a client, from riot, also the subject of "Internal Revenue" and the at the instigation of the lawa separate title in Corpus Jur-state laws in "Taxation." One yer, by means of letters sent is-Cyc, in which there is no great source of federal rev- out by the client in behalf of attack upon the stability of enue, however, is not taken up the lawyer, urging the emthe government or social or- in this title. The imposition ployment of the latter by ganization. An insurrection is and collection of customs du- other persons engaged in the not war, which involves the ties, "the tariff," is taken up in same business as the client. act of a sovereignty either "Customs Duties." real or assumed, hence civil Of particular interest in this "Dear Sir: war, although it may have its title are subdivisions devoted "For some time past our eninception in insurrection, is to Income Tax and Excess tire legal business has been properly treated in the title Profits Tax, to Legacy and handled by the firm of A. B. "War." Inheritance Taxes, "Estate & C., who act as our attorneys "Interest." This title takes Tax," and to Stamp Taxes. and general counsel 5. Question: "The attorney up the general questions as to The last mentioned subdivery moderate annual retainer. of record for the petitioning the right to compensation for vision takes up such questions Our relations with this firm creditors in bankruptcy prothe use of money as deter- as relate to the instruments ceedings has stated on the have been so agreeable and the mined by the contract of part- which require stamps, records that he is also the their services and terms ies or as allowed by statute. The number required, the persons attorney for the_bankrupt. us that we Will you kindly inform me recovery of interest as an ele- who must affix them, the time satisfactory to ment of common-law damages of affixing and cancellation, have decided to bring their whether the existence of such is discussed in the title and the effect of failure to plan of legal service to your a fact warrants the institution "Damages." All general ques-affix stamps as affecting the attention, in the hope that we of proceedings for the distions relating to interest other admissibility of the document may thereby aid them to in- barment of such an attorney?" than those relating to the ex-in evidence. crease their clientele. Answer: The propriety of ception just stated are to be The subdivisions relating to "Under our contract with instituting disciplinary measfound in this title. For ex- the Income Tax and the Es- this firm all our legal work, ures against an attorney is example, there are subdivisions tate Tax take up the federal however large or small, is clusively the province of the devoted to Definitions; Origin law so far as it has been promptly and efficiently cared Grievance Committee of this and History; Right to Inter- judicially interpreted. Other for, and we have the privilege Association. However, from est; Rate; Time during Which special and excise taxes are of consultation and advice at an ethical viewpoint, we obInterest Runs; Computation taken up in subdivision VIII all times, either at their office serve that the question as and Recovery. and the tax on distilled spirits or our own. Their retainer is presented gives us insufficient Many other matters as to in IX. Subdivision X is de- divided into quarterly instal- details on which to found a interest to Internal are so peculiar to voted Revenue ments, payable at the end of satisfactory judgment further other titles of the law that Officers, and the two last sub- each quarter-year. In this than to point out the obvious they are treated in connection divisions relate to Assessment, way our legal work becomes evils almost inevitably resulttherewith in Corpus Juris- Collection, Refunding, and Re- practically a fixed charge and ing from attempts by an atCyc. To illustrate, allowance covery of Taxes Paid and to may be anticipated among torney to represent interests of interest or a charge of in- (Continued page 11, col. 5) other operating expenses. This so likely to prove conflicting. on a SO among the largest and best firm. "Yours very truly, Answer: In the opinion of the Committee such a prac tice is not proper. "To preserve the institutions of our country we must take a stand squarely on the Constitution of the United States, and stand firm. We must stimulate the training of our citizensin-the-making now in our schools, and send them forth as bed-rock Americans, equipped and eager for service to their State and country. "Today the nations of the world are still suffering from shell shock. The greatest need is common honesty and self-reliance, for each nation to work out its own destiny openly and without secret, selfish, political, international alliances."-Robert E. Lee Saner, president of the American Bar Association. |