INDEX AND SYNOPSIS OF CANONS. PREAMBLE, pp. 3-4. THE CANONS OF ETHICS, pp. 4-13. 1. THE DUTY OF THE LAWYER TO THE COURTS. (1, 2, 4; iii, iv, vi.) * THE SELECTION OF JUDGES. (69.)* 2. 3. ATTEMPTS TO EXERT PERSONAL INFLUENCE ON THE COURT. (3, 16.)* 4. WHEN COUNSEL FOR AN INDIGENT PRISONER. (64; xviii, xxi, xxiii.)* 5. THE DEFENCE OR PROSECUTION OF THOSE ACCUSED OF CRIME. (14; xv.)* 6. ADVERSE INFLUENCES AND CONFLICTING INTERESTS. (37, 28, 24, 25; viii.)* 7. PROFESSIONAL COLLEAGUES AND CONFLICTS OF OPINION. 49, 50, 48; vii, xiv, xvii.)* (42, 8. ADVISING UPON THE MERITS OF A CLIENT'S CAUSE. (38, 35; xi, xix, xx, xxxi, xxxii. See also xxx.)* 9. NEGOTIATIONS WITH OPPOSITE PARTY. (46, 47, 51; xliii, xliv.)* 10. ACQUIRING INTEREST IN LITIGATION. (xxiv.)* 11. 12. 13. 14. 15. 16. 17. 18. DEALING WITH TRUST PROPERTY. (40; xxv, xxvi.) * FIXING THE AMOUNT OF THE FEE. (54, 55, 56, 58; xviii, xxviii, xxxviii, xlix.) * CONTINGENT FEES. (57; xxiv.)* SUING A CLIENT FOR A FEE. (53; xxvii. See also xxix.) * HOW FAR A LAWYER MAY GO IN SUPPORTING A CLIENT'S CAUSE. (11; i, x, xi, xii, xiii, xiv, xl.) * RESTRAINING CLIENTS FROM IMPROPRIETIES. (44.)* ILL FEELING AND PERSONALITIES BETWEEN ADVOCATES. v.)* TREATMENT OF WITNESSES AND LITIGANTS. xlii.)* (31, 32; (59, 30; ii, xiv, 19. APPEARANCE OF LAWYER AS WITNESS FOR HIS CLIENT. (21, 22; XXXV, xvi.)* 20. NEWSPAPER DISCUSSION OF PENDING LITIGATION. (19, 20.)* PUNCTUALITY AND EXPEDITION. (6, 36; See xxxvi.)* 21. 22. 23. 24. CANDOR AND FAIRNESS. (5; xli.)* ATTITUDE TOWARD JURY. (60, 61, 17, 63; xlvii.)* RIGHT OF LAWYER TO CONTROL THE INCIDENTS OF THE TRIAL. (33; x.)* 25. TAKING TECHNICAL ADVANTAGE OF OPPOSITE COUNSEL; AGREE MENTS WITH HIM. (45, 43; v, ix.) * PROFESSIONAL ADVOCACY OTHER THAN BEFORE COURTS. STIRRING UP LITIGATION, DIRECTLY OR THROUGH AGENTS. xxxiv, xxxvii, xxxviii.)* JUSTIFIABLE AND UNJUSTIFIABLE LITIGATIONS. (15; x, xi, xiv.)* (15; x, xi, xiv.)* 32. THE LAWYER'S DUTY IN ITS LAST ANALYSIS. (66; xxi, etc.)* OATH OF ADMISSION, pp. 13-14. The Arabic numerals in the brackets immediately following the synoptic titles of the canons are cross-references to the compilation of canons as set forth in Appendix B of the 1907 report of the Associa tion's Committee on Canons of Ethics (A, B, A. Reports XXXI, 681684); the Roman numerals are cross-references to Hoffman's Resolutions, reprinted as Appendix H of the committee's 1907 report (id. 717 TRANSACTIONS OF THE FORTIETH ANNUAL MEETING OF THE American Bar Association HELD AT SARATOGA SPRINGS, NEW YORK September 4, 5 and 6, 1917 FIRST DAY. Tuesday, September 4, 1917. The Fortieth Annual Meeting of the American Bar Association convened on Tuesday, September 4, 1917, at 10 A. M., at the Casino in Saratoga Springs, with George Sutherland, of Utah, President of the Association, in the Chair. The President: MORNING SESSION. The Assistant Secretary has an announcement to make. Assistant Secretary Kemp: To avoid the confusion of previous years incident to the nomination of the General Council, vice-presidents and members of local councils, we have arranged that delegations from the several states shall meet in the room adjoining this hall. Each state has a card prominently displayed on the wall under which the delegation will meet immediately after adjournment, and there make nominations. The President: The Chair recognizes and presents Senator Edgar T. Brackett, who will extend a word of welcome to us. Edgar T. Brackett, of Saratoga Springs: In one of his delightfully human verses, read, perhaps forty years ago, at the centennial celebration of his alma mater, Oliver Wendell Holmes-the doctor, not the Justice-wrote, "What need of idle fancy to adorn Our mother's birthplace on her birthday morn?" The sentiment of the lines is appealing and it is in very much their spirit that today I fulfill the pleasant duty of welcoming you to the Empire State and to Saratoga Springs. You, members of the American Bar Association, are met in this your 40th convocation at the birthplace of the Association, and, in a body that has reached the venerable age of 39 years, the matter of a few days intervening between August 21, the exact day of its birth, and this 4th day of September is really insufficient to deny the right to call this a birthday celebration. What is exactness, as compared with sentiment, anyway? A word of reminiscence is, I am sure, allowable from one who can say of the formation of the Association, Eneas like, " All of which I saw " even though I cannot add with him, the other and much more satisfactory, "et magna pars fui." The few members of the bar who came together in the year 1878, upon a very general and informal invitation signed by the distinguished Benjamin H. Bristow and others for the purpose of forming a National Bar Association, met on the 21st day of August in the municipal building known as the Town Hall, in a room still devoted to legal uses, in that it is a part of a country law office, which each one of you is invited to visit at his pleasure. There were giants in those days, and one who will study the list of names of those present on the occasion will recognize not a few of the giants at the meeting. Governor Baldwin-Simeon E. Baldwin-still active in the work, and much honored, was one, and my investigations convince me that to him, more than to any other single person, is due credit for the thought and much of the preliminary work connected with organizing the Association. Among those who have gone, beside Bristow, were William Gaston, afterward Governor of his state; James O. Broadhead, long a leader of the St. Louis Bar; John B. Henderson, a United States Senator; William C. Ruger, later chief judge of our highest court; Homer A. Nelson, one of New York's distinguished lawyers; Calvin S. Brice, soon to be a United States Senator; Edward J. Phelps, who, long at the head of the profession in Vermont, presently became one of the most brilliant representatives the country has sent to the court of Saint James; and Luke P. Poland, remembered by the laity more for the blue coat and brass buttons, than for his very solid attainments. No one who reads the list will wonder that the Association founded by such men has grown into the great organization that I greet here. It was the year following the organization that Phelps gave his wonderful address upon John Marshall, the ènthusiasm over which among those who heard him is present with me yet. You have, too, met today amid historic surroundings. Situated on the highway of the nations, as they fiercely contended from. Albany to Montreal and from Montreal to Albany, the territory has for two hundred years teemed with important incident. The ground of all the strip between the places named has been soaked with the blood of savage and of ranger; of those who fought under the lilies of France and those for whom God and St. George were the rallying cry. The spot where human endeavor reaches the supreme is thence-· forth one enshrined for all the future. He who has gone farthest into the unknown country, he who has done most and suffered most, he who has paid the greatest sacrifice for the public good, he is the one recognized as the hero and the place of his work enhallowed. The pitying stars will look down tonight upon Liége and Louvain, upon the Marne and Verdun, as thus consecrated, till time shall be no more, and judged by this measure we, in this spot, are on heroic ground. A little to the north is Lake George, the scene of the fiercest contentions in all the years when was being settled the question whether this continent should be Latin or Anglo-Saxon. A little beyond is Ticonderoga, summoned to surrender by Ethan Allen in the double authority of the Great Jehovah and the Continental Congress. Off to the east is the scene of the battle of Bennington, the issue of which fight determined whether there should be victory for the American forces, or Mollie Stark should that night |