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Hoffman's Resolutions, Resolve 37:

"Should a professional brother, by his industry, learning and zeal, or even by some happy chance, become eminently successful in causes which give him large pecuniary emoluments, I will neither envy him the fruits of his toils or good fortune, nor endeavor by any indirection to lessen them, but rather strive to emulate his worth, than enviously to brood over his meritorious success, and my own more tardy career."

§ 71. NOT TO DEAL WITH THE ADVERSARY WITHOUT KNOWLEDGE OF HIS LAWYER.1

The lawyer is under a fourfold duty not to deal with the adverse party except through his duly authorized attorney.

(1) DUTY TO THE OPPOSITE LAWYER

He is under a duty to the adversary's lawyer not to belittle his services or cast reproach upon him in the eyes of his client. To ignore the lawyer is to affront him personally and by implication to affirm that he is unworthy of his high profession.

To deal with the client directly, and especially to make a monetary settlement with him, embarrasses the lawyer concerned by rendering possible the dictation of the amount of fees by the client, who, having the money in his own possession, is 1 See also § 58.

likely to wish to keep as much of it as he possibly can. It is a psychological fact that a man who already possesses the fruits of another's labors is less willing to pay the other a reasonable sum for his services than if the money had come through the hands of the other, and fees for services had been taken out at the time.

The lawyer, generally, has a lien on the proceeds of a suit in his possession until his own fees have been adjusted. It is his right, and has been so recognized from time immemorial, to have the settlement of a suit made to him personally, so that he may be able to protect his client's rights to the last moment before settlement, and to protect his own rights to legal fees by possession of the proceeds until a settlement with his client. His right that a settlement should be made to him and not to his client should therefore be respected.

(2) DUTY TO THE PROFESSION OF LAW

There is also a duty to the profession that this long established custom, which has been shown to be wise and prudent and necessary to the welfare of the individual lawyer, be preserved both by precept and example. The dignity of the profession and its standing with society in general demands that one lawyer show no disrespect to another by ignoring him in a settlement with his

client. The fraternity of lawyers is not unlike a family: so long as they show respect to one another and prove themselves champions of each other's good name, so long are they held in respect in the community, but as soon as they show mutual disrespect and play mean, underhanded tricks upon each other, just so soon do they lose standing in the community and become the objects of contempt and reproach.

(3) DUTY TO THE ADVERSE PARTY

There is also a duty to the adverse party not to deal with him directly.' If he has employed a lawyer to represent him, he has a right to the full benefit of the lawyer's services. He is not qualified to match his own imperfect knowledge of his rights against the persuasion of his opponent's lawyer, who is seeking the advantage for his client.

Yet few laymen have the good judgment and the resolution to refer the matter to their lawyer and positively refuse to discuss it. It is human nature to talk, especially when the subject is one's own rights.

Lawyers, therefore, are under a duty to refrain from placing the adversary under the temptation to commit himself one way or another. The opponent's lawyer is the only proper party to 1 See § 58.

deal with, however unreasonable his demands may appear.

(4) DUTY TO ONE'S OWN REPUTATION

There is still another duty in this connection the duty to one's own reputation. It is recognized by lawyer's generally that it is unprofessional, if not positively dishonorable, to deal with an adversary behind the back of his lawyer. Hence to do so is to invite censure and to defame one's own reputation.

American Bar Associations Code of Ethics, Canon 9: "A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel. . . ."

§ 72. DUTY TO PROSECUTE OR SUE FELLOW ATTORNEY FOR CAUSE.

As we have noted elsewhere,1 a lawyer is under a duty both to himself and to the profession to endeavor to rid the profession of undesirable lawyers. If a lawyer is known to have committed a breach of the ethics of the profession, it is the duty of fellow members to so effectually rebuke him as to prevent his repeating it in the future, or, if 1 See §§ 24 and 68.

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he manifests a depraved or unworthy spirit, to put forth every effort to oust him from the profession which he dishonors by his membership.

As regards prosecution for criminal acts, the attorney to whom complaint is made by the injured party does his full duty by placing the facts before the prosecuting officer of the state or county, or before the proper officials of the local bar association. It is for the association to bring an action for disbarment of the offending attorney, but individual lawyers should render what assistance or advice may be possible, that the offender have a fair trial and that justice may be done.

If the complaint against the attorney. justifies a civil action for damages, it is the duty of the attorney to whom the complaint is made either to bring the suit himself, or, if too busy or for other valid cause unable to act, to procure some other reliable attorney to bring the suit.

The lawyer cannot excuse himself by turning the complainant away, even on the plea that he is personally unable to take the case. Accusation has been made against a brother attorney, and it is the lawyer's duty to see that the complaint is fairly and impartially adjudged, in order that no unjust stigma rest upon the profession of law.

If the complainant should meet with rebuff, however politely worded, he would doubtless regard it as a part of a conspiracy among lawyers

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