Hence the lawyer is not often cited to answer the complaints or grievances of his client; and when such cases arise, they are generally accusations of withholding moneys, or disputes as to compensation, in all of which instances, the strict rules above referred to are enforced.

Little, therefore, can be found, in the history of these infrequent controversies, which throws light upon the duties of a lawyer to the State.

Men do not often publicly complain of the overzealousness of their servants; they do not arraign them for extra fidelity to their interests, and the clients are silent, even when the lawyers overstep all decent, moral, and legal limits, in their efforts for success.

The third class of the lawyer's obligations, for the violation of which he can be made liable to the party injured, in pecuniary damages, is of little importance in this discussion.

As I have said, the violation of an obligation creates a liability, and the lawyer is under a common-law duty in respect to his employment, the same as other agents and trustees.

The lawyer is bound to exercise honesty, skill, prudence, and care, in the management of all business committed to his hands, and his failure to do so subjects him to the ordinary action for damages, at the instance of his client.

The illustrations of this general principle are

to be found in many cases, in which their common-law duties have been defined by the courts, and they have been sufficiently numerous, to justify the publication of treatises, devoted especially to that subject.

The consideration of the above three classes of obligations, is a necessary prologue to the important theme, of the lawyer's real relations and duties to the State, now so undefined, obscure, and misunderstood, which I shall proceed to discuss, in the hope that I shall at least open to the profession, some of the difficult and delicate questions involved in the subject.

CHAPTER IX.

THE "DUTIES" OF A LAWYER.

A "DUTY" in the sense in which I am now considering the subject is, generally, the obligation to perform or exercise the functions of an office in accordance with the nature thereof.

The general duty of a lawyer is, to perform and exercise the functions of his office, in accordance with its nature.

To ascertain this duty, one must understand the true nature of the office. We speak of the duty of a sheriff, of a constable, policeman, executor, or agent. To ascertain their. several duties, we must know the character of their functions and of their powers.

I come now to encounter the most difficult, and delicate part of my task,-to draw a line,between the duty of the lawyer to his client and the State, and another between his conscience and his client, in those matters where to act for his client is a conscious wrong to the community, or to the rights of those to whom he is opposed. Between these lines lay the whole power

and influence of the lawyer for good or for evil. Living up to the most exact standards of professional conduct and ethics, the affairs of business and commerce, the ordinary conditions of society, still remain, always opening to the Bar enormous returns in money, reputation, and influence.

While no one can hope, that the lawyers, as a class, will live up to the exact and best models of duty, it is well to have the lines constantly before the profession, so that they can realize how near, or far, they are from ideal conditions. It must be remembered that the profession of the law is necessarily one where an almost boundless discretion is vested in its members. In its general exercise, in the commencement and conduct of litigated or other legal matters, the lawyer has the supreme power of direction. It lies with him to suggest and to direct. There is no arbiter over him, but his conscience. In a very extensive search into the subject, I have found that there has always been a recognized temptation, or tendency, on the part of the lawyers, to overleap the bounds of conscience, and that these acts have frequently called for very stringent measures against them. For example, in 1237, as Matthew Paris informs us, and gives us the text, the Papal Legate in the Great Council held at London in that year, in the extensive pronunciamento which he issued, and which was

intended to cover all of the evils of the age, included a separate decree against lawyers, in the following language:

"We have heard the cry of Justice, complaining that it is greatly impeded by the quibbles and cunning of advocates. We therefore, rising to the assistance of Justice, do, with the approbation of the council, decree, that whoever wishes to obtain the office of advocate shall make oath to the diocesan in whose jurisdiction he lives, that in cases in which he may plead, he will plead faithfully not to delay Justice, or to deprive the other party of it; but to defend his client both according to law and reason.

Let all advocates beware that they do not themselves, or by means of others, suborn witnesses, or instruct the parties to give false evidence, or to suppress the truth; those who do so shall be, ipso facto, suspended from office and benefice until they have made proper atonement for the same; and if they are convicted for so doing, they shall be duly punished, all other matters notwithstanding."

The duty of a lawyer is threefold:-to the State, as an officer and citizen; to the court, as an officer and adviser; and to his client, as a fiduciary.

He owes loyalty to the State, both as a citizen and as a sworn officer of justice; he owes respect and dignity in his deportment, to the courts, and candor or honesty in his statements and