evidence only; neither should he be expected to bear in mind all erroneous statements of counsel and correct them, or direct the attention of the jury to them in reviewing the evidence before making his charge. Hence, the honorable lawyer should avoid arguing upon matters not in evidence.

Hoffman's Resolutions, Resolve 47:

"The minds and hearts of those we address are apt to be closed when the lungs are appealed to, instead of logic; when assertion is relied on more than proof; and when sarcasm and invective supply the place of deliberate reasoning. My resolution, therefore, is to respect courts, juries, and counsel as assailable only through the medium of logical and just reasoning; and by such appeals to the sympathies of our common nature as are worthy, legitimate, well-timed and in good taste."

§ 89. DUTY NOT TO OFFER GARBLED LAW.

Judges are profoundly influenced by precedents. If it can be shown that a case involving the same point of law has already been decided by an appellate court of the jurisdiction, the judge in the trial court feels himself bound to follow the previous decision. If an attorney, in requesting a certain ruling on a point of law, can

cite a number of cases as in accord with his contention, the judge, particularly if he has confidence in the attorney and lacks the necessary time to verify the statements, is likely to give the ruling requested. If it is an incorrect ruling it reflects somewhat upon the judge, although it is not to be expected that busy trial judges will always be accurate in their statements of law. A lawyer is therefore under a duty to present to the court only such statements of law as he can fairly and conscientiously say are established by the authorities cited. To garble the law under such circumstances is inexcusable.

Hoffman's Resolutions, Resolve 41:

"In reading to the court or to the jury authorities, records, documents or other papers, I shall always consider myself as executing a trust, and as such bound to execute it faithfully and honorably. I am resolved, therefore, carefully to abstain from all false or deceptious readings, and from all uncandid omissions of any qualifications of the doctrines maintained by me, which may be contained in the text or in the notes; and I shall ever hold that the obligation extends not only to words, syllables and letters, but also to the modus legendi. All intentional false emphasis and even intonations in any degree calculated to mislead, are petty impositions on the

confidence reposed, and whilst avoided by myself shall ever be regarded by me in others as feeble devices of an impoverished mind, or as pregnant evidences of a disregard for truth, which justly subjects them to be closely watched in more important matters."

§ 90. SUMMARY OF CHAPTER.

The basis of a lawyer's duties to the court is that the lawyer is an officer of the court. He should not disparage the court as an instrumentality of justice. He should be loyal to the judges out of court, as to his superior officers. In court he should be respectful and courteous in his relations with them. He is under a duty not to delay trials and thus cast reproach upon the courts. For the same reason he should be punctual in attendance and expeditious in the trial itself. He is under a duty not to offer improper evidence, nor to argue upon matters not in evidence. He is also under a duty not to offer garbled law in making requests for rulings.

SEC. 93.

Duty in Respect to Inequitable Claim that is Legally
Sound.

SEC. 97.

SEC. 98.

Duty not to be Unduly Influenced by Wealthy Clients.
Duty not to Assist in Circumventing the Law.

SEC. 99.

An Illustration.

Duty to Restrain Client from Doing Unlawful Acts. SEC. 100. Summary of Chapter.

§ 91. BASIS OF DUTY TO THE STATE.

As we have already seen,' a lawyer is an officer of the courts and as such owes them various duties. But the courts compose one of the co-ordinate branches of the government. Hence, the duties owed to the courts are indirectly owed to the State and Nation. But there are many other duties that the lawyer owes directly to the State.

The ordinary citizen is under certain obligations to the State, and a failure to keep, or a willful violation of these obligations renders the 1 See § 80.

offender liable to punishment. Upon admission to the bar, the duties and obligations of the citizen remain and the duties and obligations of the lawyer are added to them.

The State has, through one of its agencies, the courts, conferred upon the lawyer, upon his admission to the bar, a new standing in the community in which he lives. It has granted him new powers and privileges. It is proper, therefore, that it should exact greater accountability from him than from the ordinary citizen.

§ 92. DUTY NOT TO BRING A

SUIT.

GROUNDLESS

Every lawyer upon admission to the bar binds himself by a solemn oath, taken in open court, not to bring a groundless suit. There can never be an honest reason for bringing such a suit, if the party bringing it is aware of its real nature. A groundless suit maliciously brought must originate either from a hope of extorting money or from a desire to harrass and distress the defendant.

The courts were founded to provide a means whereby persons having a just grievance may find redress. The court dockets in nearly all jurisdictions are so crowded that just and legitimate claims must remain for months unadjusted. A groundless suit that is brought to trial delays,