Report of the Annual Meeting of the Bar Association of North DakotaThe Association, 1909 |
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administration adopted amendment American Bar Association American lawyer appointed asso attorney believe Bismarck Bosard Bruce candidates canon cause Christianson ciation claim client common law constitution contingent fee contractor counsel COUNTY BAR ASSOCIATION defendant duty election executive committee fact Fargo gentlemen Grand Forks Hemmi Hildreth Hillsboro honor interest Jamestown John Carmody John Knauf Judge Parker judicial districts judiciary July 25 jurisdiction jurisprudence jurisprudence and law jury justice Knauf Lee Combs legislation legislature lien litigation material matter meeting ment Minot mittee Motion is carried move North Dakota notice owner party passed political practice present President probate code procedure profession professional proposed question railroad recommend register of deeds resolution Roscoe Pound rules S. E. Ellsworth second the motion secretary Sept Stambaugh statute suggest supreme court theory tion trial Valley City W. H. Thomas Ward county Winterer Wright
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Halaman 96 - When lawyers jointly associated in a cause cannot agree as to any matter vital to the interest of the client, the conflict of opinion should be frankly stated to him for his final determination. His decision should be accepted unless the nature of the difference makes it impracticable for the lawyer whose judgment has been overruled to co-operate effectively. In this event it is his duty to ask the client to relieve him. Efforts, direct or indirect, in any way to encroach upon the business of another...
Halaman 95 - A self-respecting independence in the discharge of professional duty, without denial or diminution of the courtesy and respect due the judge's station, is the only proper foundation for cordial personal and official relations between bench and bar. -i. WHEN COUNSEL FOR AN INDIGENT PRISONER. A lawyer assigned as counsel for an indigent prisoner ought not to ask to be excused for any trivial reason, and should always exert his best efforts in his behalf.
Halaman 123 - The legislative authority of the state shall be vested in a legislative assembly, consisting of a senate and house of representatives, but the people reserve to themselves power to propose laws and amendments to the constitution and to enact or reject the same at the polls, independent of the legislative assembly...
Halaman 98 - A lawyer should always treat adverse witnesses and suitors with fairness and due consideration, and he should never minister to the malevolence or prejudices of a client in the trial or conduct of a cause. The client cannot be made the keeper of the lawyer's conscience in professional matters. He has no right to demand that his counsel shall abuse the opposite party or indulge in offensive personalities. Improper speech is not excusable on the ground that it is what the client would say if speaking...
Halaman 95 - ... appointment or election of those who are unsuitable for the Bench ; and it should strive to have elevated thereto only those willing to forego other employments, whether of a business, political or other character, which may embarrass their free and fair consideration of questions before them for decision. The aspiration of lawyers for judicial position should be governed by an impartial estimate of their ability to add honor to the office and not by a desire for the distinction the position...
Halaman 94 - The Selection of Judges. It is the duty of the Bar to endeavor to prevent political considerations from outweighing judicial fitness in the selection of Judges. It should protest earnestly and actively against the appointment or election of those who are unsuitable for the Bench...
Halaman 97 - In fixing fees, lawyers should avoid charges which overestimate their advice and services, as well as those which undervalue them. A client's ability to pay cannot justify a charge in excess of the value of the service, though his poverty may require a less charge, or even none at all.
Halaman 98 - entire devotion to the interest of the client, warm zeal in the maintenance and defense of his rights and the exertion of his utmost learning and ability," to the end that nothing be taken or withheld from him, save by the rules of law, legally applied.
Halaman 96 - It is incumbent upon the lawyer most particularly to avoid everything that may tend to mislead a party not represented by counsel, and he should not undertake to advise him as to the law. 10. ACQUIRING INTEREST IN LITIGATION The lawyer should not purchase any interest in the subject matter of the litigation which he is conducting.
Halaman 88 - The obligation to represent the client with undivided fidelity and not to divulge his secrets or confidences forbids also the subsequent acceptance of retainers or employment from others in matters adversely affecting any interest of the client with respect to which confidence has been reposed.