of justice, for the decrees and orders of a court that is respected are far more likely to be obeyed by the layman than if the court were held in contempt and derision.

§ 82. DUTY OF LOYALTY TO THE JUDGES.

The previous section deals with the court as a system of justice. We have now to consider the highest representatives of the court, the judges

who preside therein. Some lawyers take malicious satisfaction in blaming the judges for an adverse decision. They excuse themselves to their clients and friends for an unfavorable outcome of a suit by intimating that the judge acted unfairly or was so stupid as not to appreciate the real merits of the case.

The judge is thus defamed in the minds of those who are seeking some explanation of the unexpected result. If this were the practice of one lawyer merely the resulting injury to the fair name of our courts would be a negligible quantity, but with a large number of lawyers thus excusing their own mistakes the result is really deplorable. Doubtless there are judges in our courts to-day who are incompetent or unworthy, but the great majority of them are competent and worthy.

Judges are so situated that they cannot know of, nor reply to criticisms of their conduct. Justice should be accorded them by the members of the

bar, and every lawyer should see to it that he does not unjustly or hastily criticize them.

Hoffman's Resolutions, Resolve 39:

"When the controversy has been judicially settled against me, in all courts, I will not fight the battle o'er again, coram non judice; nor endeavor to persuade others, as is too often done, that the courts were prejudiced, or the jury desperately ignorant, or the witnesses perjured, or that the victorious counsel were unprofessional and disingenuous.'

§ 83. DUTY OF RESPECT TO THE JUDGES IN COURT.

When the court is in session, the judge should be accorded the respect and courtesy that is due his high station, irrespective of the personality of the temporary occupant.

So far as openly manifested disrespect is concerned, little need be said. The judge has the power to summarily punish the offender, and not even the most reckless lawyer will knowingly take his chances of fine or imprisonment for contempt of court arising from openly manifested disrespect. But of the more or less secret mental attitude of disrespect much could be said.

As a man thinketh in his heart so is he;" if he allows his lack of respect for the individual to

govern his mental attitude toward the occupant of the bench, it must necessarily affect his conduct to some degree. Sharp retorts to the court, or attempts to provoke a laugh at the judge's expense are dangerous practices and clearly unprofessional. Such examples are contagious. The whole morale of the court may be undermined by the influence of a few hostile practitioners.

The loyal support of all members of the bar is therefore due to the occupant of the bench, whatever the private character or deportment of the individual may be. If the judge is deserving of impeachment, he should be impeached, but so long as he remains a judge, he embodies the majesty of the law when presiding over a court

room.

Hoffman's Resolutions, Resolve 3:

"To all judges, when in court, I will ever be respectful. They are the law's vicegerents; and whatever may be their character and deportment, the individual should be lost in the majesty of the office."

Resolve 4:

"Should judges, while on the bench, forget that, as an officer of their court, I have rights, and, treat me even with disrespect, I shall value myself too highly to deal with them in like manner.

A

firm and temperate remonstrance is all that I will ever allow myself."

§ 84. DUTY NOT TO DELAY TRIAL.

It is a matter of common knowledge among laymen as well as among lawyers that lawsuits drag along for discouragingly extended periods of time. All thinking men must deplore this condition of affairs. Not only does it cast disrepute upon our whole system of justice, but it works a serious hardship upon parties who are earnestly and honestly seeking to adjust their rights.

The dread of being obliged to testify in court, coupled with the inevitable long delay of proceedings and the uncertainty of the ultimate result is driving more and more people every year to compromise their claims out of court or to abandon their rights altogether. Thus the object for which the courts were created is being defeated, and the situation is growing more serious every year.

In a recent address,' President Taft made the following statement: "We have got to arrange it so that cases are decided promptly. I am bound to say that the United States courts are not models in this, but all courts may be reformed in this regard. What is driving you merchants out of courts into arbitrations? It is the cost of

1 Delivered at St. Louis, May 4, 1910.

litigation. Now, we ought to have courts that can dispose of the business promptly and end litigation. I speak as a lawyer and I speak as a judge, and therefore I speak with confidence, because I know what I am talking about."

A remedy must be sought. Either the antiquated procedure still prevailing in many sections must be abolished and a simpler procedure substituted, or more judges must be appointed and the court's capacity for business in this way increased. But there is a duty resting uponmembers of the bar which, if properly appreciated and conscientiously discharged, would do much to lessen the evil described.

Every case that comes into a lawyer's office, should as speedily be adjusted as is consistent with / the object sought to be attained. The fact that the amount of a fee depends somewhat upon the length of time spent upon the case does not justify dilatory tactics on the part of the lawyer handling the case. Procrastination is no more justifiable in the lawyer than in the business man, nor so much So. The lawyer is acting in behalf of another person and he should therefore take thought of the additional expense and the mental distress' and anxiety resulting to his client from the delay.)

If suit is to be brought, he should not wait for a more convenient season but bring suit at the earliest date compatible with good judgment.