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trust officer. If necessary he will in turn refer them to the president of the bank and to the trust committee for final decision.

The trust officer should be consulted in reference to all matters of publicity, not only as to the general policy but as to the actual material used, for the reason that he is presumed to have an expert knowledge of the services performed by this department, and should be qualified to pass on the expediency and value of any statements given to the public.

§ 540. The Duties of the Assistant Trust Officers

The assistant trust officers have the supervision of particular divisions of the trust department, as shown in the chart. Each assistant trust officer must, therefore, attend to the details of his department through his clerical force.

Generally, there is one assistant trust officer who has charge of the personnel of the entire department, whose duty it is to study the clerical force, noting their capacities and deficiencies, correcting the latter, and fitting the different clerks into the work to which they are best suited. The number of people employed in the trust department of a bank will, of course, depend upon the volume of business handled. It is well whenever possible to divide the work of the department so that a particular clerk will handle chiefly one kind of work, so that the greater expertness may be acquired and the responsibility for efficient work placed on particular individuals. Careful study of the charts given in this chapter will give an adequate idea of a typical trust department of a bank or trust company.

REVIEW QUESTIONS

1. What are the usual divisions of a trust department? What is the purpose of the various divisions?

2. Who compose the trust committee? What is its function? How should its members be chosen?

3. What are the duties of the trust officer? Why should he have frequent conferences with his assistants?

4. What are the duties of the assistant trust officers? What are the advantages of a division of labor in the trust department?

CHAPTER LXIII

THE RELATION OF THE LEGAL PROFESSION TO A BANK OR TRUST COMPANY ACTING

IN A FIDUCIARY CAPACITY

§ 541. The Advice of Counsel

Every bank or trust company will find that it will need the advice and counsel of first-class attorneys. If the bank or trust company maintains a trust department, the advice of an attorney will be the more needed and the more important because of the fact that almost everything that is transacted in a trust department is technical and comes clearly within the provisions of some statute or law. It is, therefore, advisable that a bank or trust company at its inception select a counsel whose experience has been such that he can give adequate information in regard to general banking provisions—particularly in regard to the management and handling of estates and corporate matters. The relation between the bank's counsel and the bank should, of course, be extremely cordial and close, as in fact the relation between any client and his attorney should be.

§ 542. Friction Between Trust Companies and the Legal Profession

A serious conflict of interest has arisen between financial institutions maintaining trust departments and the legal profession. It is too true that in the not distant past, and even at the present time, the execution by these institutions of certain work that is properly the prerogative of the legal profession has caused the members of the bar to feel, some antagonism to banks and trust companies. Therefore, maintenance of friendly

relations between banks and trust companies and the legal profession is a growing problem, made more difficult by the attitude of some of these financial institutions. It is a problem that is extremely important to both parties. The solution would not be difficult if both the financial institutions and the legal profession would recognize certain fundamental principles and act accordingly.

The profession of the law is one of the oldest and one of the most honorable of any of the more intellectual vocations into which men have entered. From the beginning of civilization, which means from the time when men lived in a society that recognized the rights of others, there have been laws and lawyers to assist in the enforcement and administration of the laws so recognized.

§ 543. Requirements for Admission to the Bar

In order to become a member of the bar a certain amount of preparation in the way of study is required in every state of the Union. One must satisfy a board of examiners that the mental attainments of the particular individual show that he is capable of practicing law. Having satisfied such a board as to his intellectual qualifications and ability to advise others with respect to their legal rights, the applicant for admission to the bar must then satisfy a character committee as to his moral qualifications. Save the medical profession, few lines of professional endeavor require as severe tests as those that are set for the man who desires to enter the legal profession.

After the authorities have been satisfied as to both the mental ability and the moral character of the applicant for admission to the bar, he must take oath that he will support the constitution of the United States and the constitution of the state in which he is admitted. Having been admitted, he becomes an officer of the court and is responsible to it for his conduct. He may be censured by the court for any misconduct,

or the court may revoke his license, either temporarily or permanently, depending upon how serious the offense of which he is guilty may be. Every state has a statute on its books making communications between client and attorney confidential, so that such communications are absolutely inviolate and may not be revealed by the lawyer except with the full consent and knowledge of the client himself. The attorney stands in a unique position, different entirely from that of any other individual or class of individuals. An attorney must be trained in the law, experienced in the interpretation of the law, familiar with the technical language used in legal documents, and accustomed to studying the decisions of courts and applying them to the particular case before him.

§ 544. Duties of a Lawyer in Preparing a Will

In order properly to advise a client or to prepare a legal document, all of the foregoing valuable qualifications are necessary. Take, for example, the preparation of a will as set forth in the earlier chapters of this work. This act, in that the testator thereby seeks to dispose of property which he has worked a lifetime to accumulate, in such a way as will best protect and provide for his family and survivors, is of the utmost seriousness and importance. A will is almost a sacred document in that it is the last expression of the wishes of the person who, when the will becomes effective, will have passed out of this world, yet it frequently happens that a testator will prepare his own will, or take the advice of some unskilled friend. This sometimes results in some very peculiar, even ludicrous wills, one of which is as follows:

GILBOA, Feb. 20, 1883.

I, George P. Ashmore, of the town of Gilboa County of Schoharies and State of New York, do hereby in this my last will and testament, give and bequeath to my daughter Ruth Ashmore, my only lawful heir, all my real and per

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