Professional Documents
Culture Documents
AND
OFFICE
BY
JOSIAH
HENRY BENTON,
LL.D.
BOSTON
The Boston Book Company
1909
Copyright, 1909,
By
J.
H.
BENTON.
AND
OFFICE.
Most of what is contained in this book was gathered by me in the preparation of an address deHvered before the Albany Law School in the Hubbard course of Legal Ethics, May 17, 1909. It has been suggested that its presentation
in
is
this
form
will
it
who
are interested in
my own
and impor-
me
book.
for
Why
of the law?
No
oath
is
where qualifications
to
practise
are
prescribed
law, as
in
or
ascertained
by
examinations
required
official
by
the
case of physicians.
But an
practice of the
significance and
Why
is
it
required?
it
What
it
is
its
impose?
that
The
is
stamps the
themselves.
When
the
lawyer
is
admitted
to
practise
and
much
right to
discharge
duties
sit
of his
in
office
as
representative or
senator has to
and act
He
has as
much
and be heard
for a party to
a cause as a
A
the
lawyer
of
is
He
is
the Court.
He
is
an
officer of the
Court, with
rights
his office
He
upon
is
life
whose
office
cannot be taken
Supreme Court
in
Ex parte
Garland
pro-
(4 Wallace, 333).
In
an act
countenance,
in
counsel
or
encouragement,
to
persons
engaged
armed
hostility thereto, or
attempted to exercise
authority
the
in hostility
to the
Supreme Court
in that
as to the
was
changed
oath
in
The question
in
and change
the
rule
who had
in
been admitted
member
of the Confederate
in July,
Of
by the
amended
rule,
and the
effect
and the rule enforcing the same prevented him from ever
being an attorney
his office as
in
i.e.,
an
attorney.
held
created
its
by Congress, and
holding his
depending
attorney
upon Congress
was an
for
continuance,
but that an
office
it
during good
for
misconduct,
after
It
of judicial power, and that " the attorney being by the solemn
judicial act of the
it
his office,
as a matter of grace
is
and favour.
The
right
which
it
con-
fers
command
a right of
which he can
Speaking of
where an act
it
of the Legislature
comit
*As
in
which
was
amendment
And
original form, in
admiswhich it
now
St. 527.
manded
fit
"
No
judge
is
bound
be compelled
not properly
to admit, a
who
is
is
qualified, or
bad.
The
pro-
fession of the
in
is
noblest
client
the world.
The
relation
delicacy.
The attorney
shall
is
Whether he
disbarred
is
a judicial
and not
a legislative question."
One
"The lawyer
is
in
this
country
is
trators of justice.
in
The judge who presides in the court another, with more authority of position, and, perhaps, some respects a more burdensome one. But the
and the clerk, and the marshal, the
all
court,
sheriff,
;
the
and
who consciously undertakes to thwart justice is much as the judge who accepts
it
subjected
to
the
same
responsibilities.
They have
is
not the
duty, as
is
generally supposed.
Their
first
duty
is
the
administration
is
cHent
subordinate to that."
In
the lawyer
He may
scope of
fided
to
his duties as a
lawyer
in
him by the
client.
He may
for
and
be
in
them
which
his client
may
them when
done.
He may
open Court.
He may
dis-
and the
client
is
bound by
his action.
by the
client.
Court do so except
As
upon by the
them imporstate-
Court as
many
of
ments of
fact
by lawyers, and
in
my
Time would
upon
act.
They must be
able to rely
is
acting as an
an
official
oath.
great English
Judge, Lord
Langdale,
243.
in
ruling
by
* In re
to aid
him with
their opinions as
duty
of lawyers
in
and
of lawyers, that
"
quote
it.
He
said
to
With respect to the task, which I may be considered have imposed upon counsel, I wish to observe that it
from
the
arises
confidence
which
long
experience
induces
I
me
to repose in
which they constantly perform as ministers of justice, acting in aid of the Judge before whom they No counsel supposes himself to be the mere practise. advocate or agent of his client, to gain a victory, if he
vices
can,
on a particular occasion. The zeal and the arguments of every counsel, knowing what is due to himself and his honourable profession, are qualified not
only by considerations affecting his
own character
as a
man
is
arrest
upon
civil
performance
of his duties.
lawyer
is
also
privileged as to the
in
language honestly
* Hutchinson v. Stephens,
t/ re
Jewitt, 33
Bevan, 559.
should be
so
sponsibilities
of those
who
take
it.
oath
this
should
is
be a condensed
it
code of legal
in
And
what
was
in
England and
beginning
until
by
the
in
lawyer's
oath was
so changed in form as to be
in
all
now
the
Federal
How
will
far the
be of permanent benefit
may
if
being done,
in
that
by the
it
public-spirited
members
of the profession
who have
official
in
charge results
in restoring in all
now used
in
some
States,
it
will
be of
permanent benefit
to the profession
When
It
was
doubtless framed
established, and
when
lawyers
were called
pleaders,
sergeants-
The
law
exists
by the
right
of an
years.
Mackay
v.
Ford, 5
10
lifted its
and
for
new world.*
I.
When,
the
"
in
the reign of
Edward
(A.D. 1272-1307),
" the
English Justinian,
English
domain^
of
an existing order,
and
their
Westminster, A.D.
This
statute,
was the
first
consisting of the
Commons,
in
heard to plead
man
and
if
he be
in like
manner by the
if
shall
be
at
this statute
shows what
He
says
" For
*The Order
1385, the
first
the
better
understanding of
this
act,
it
is
Duke was
of the Garter was established in 1330, the first Marquis was created in created in 1388, the Order of the Bath was established in
II.
1399,
and the rank of Viscount was first used in 1440. t Freeman's "Growth of the English Constitution," Chapter
II
necessary to
law.
"
set
of the serjeaunt at
"
That he That he
That he
shall well
may
That he
Then speaking of
he says
:
That he
shall well
his people, as
" 2.
That he
truly
counsell
the
king
in
his
matters
" 3.
when hee
be called.
And He
He
after the
" 4.
man
for
shall as shall
any man
in
the
law, as he
may
He
shall
be
attendant
to
*
the
kings
matters
when hee
chapter
is
12
lish
lawyers
in
that
curious
about A.D.
1285 called
"The
"
Chap. V. of Pleaders.
"
Some
are
there be
who know
in court,
or to defend
fore
them
pleaders
necessary;
what
and
others cannot or
know
not
how
do by themselves they
Pleaders
may do by
who
serve the
com-
of them.
Every pleader
who
four things
he be a person receivable
in
court,
excommunicate,
man
of religion, nor
cure
of
man
attained
of
falsi-
pleader
tain or
is
bound by oath
he
abandon
his client
immediately that
that he
nesses,
will
wrongdoing.
Thirdly,
and never
lie,
any corrup-
tion, deceit,
may
not
fail
through
his folly,
and that he
will
not by blow
noise, or
villian
in
conduct distub
nor
serjeant, or
other
court,
impede
13
Fourthly, there
is
the
the
is
amount
lastly the
if
A
in
pleader
suspended
he
is
sides in
one cause, or
if
if
contempt
he
concerning the
exceptions which
may be
taken to
may
be a pleader who
cannot be an accuser or
plaintiff."
*
in
England corin
Nor-
mandy, found
and makes
law
in this
it
in
The
Eng-
When
it
in
sittings
Certain advo-
to
practise
the
Parliament.
The
14
justice,
upon pain of
Philippe de
elimination."
13, 1327,
No
if
he has
he be
of advocates."
made by
the Parliament
are
retained
shall
not
be
continue
their
practice
unless
:
they
bind
to fulfil their
know
to
from
not seek
to
that whatever
will
may be
the
however, to take
to the
will
make no
treaty or arrange-
ment with
trial."
Among
*A
History of the French Bar, Ancient and Modern, by Robert Jones, pages loo, 103.
15
London,
Ninth,
in
1237,
was one
"
by advocates,
as follows
We,
make
in
whose
cases in which he
may
client
but to defend
reason.
in
his
both according to
law
and
make
like
other cases
before
judge
for
more
than
three
a
by chance
demand
is
to be
made on behalf of
Let
all
this
church, or his
those
who do
suspended from
office
and benefice,
for the
they they
same
and
if
Judges, too,
who
are
arise,
may
parties."*
* Matthew of Paris, Eng. Hist., Vol.
I.,
i6
An
provided as follows
" Philip,
to the
seneschal of Carcassonne.*
"
Inasmuch
as
we
you and
in
the courts
is,
of
bailiffs,
our
representatives, they
may
more
easily
furthermore, inasmuch as
we propose
to deter those
who
in
from
maliciously
fees,
protracting
legal
contests or charging
immoderate
it
Therefore:
"(i.)
We
have
ordained and
made
a statute that
all
in
your court or
officials,
in in
that of bailiffs
that
is,
upon the
That
in
all
the past or shall practise, they will perform their duties bona
fide diligently
and
faithfully as
just.
They
to
it
be just; and,
if at
stage of the
trial
them
unjust, or even
it,
intrinsically bad,
withdrawing from said case entirely as defending or counsel* Carcassonne, in the department of Aude, was one of the oldest fortified Philip the Bold made it the capital of Central France.
cities in
Central France.
17
ling lawyers.
Whosoever
declines
to
swear
in
accordance
said courts
this state of
in
in
mind.
" (2.)
it
Now, concerning
we have held
and
this for
each
case
that
is
being argued.
But
for
an
that
of any
of our
amount of 30
francs.*
The
the guise
of pension
acquire
Whosoever undertakes
laid
down, and thus violates the oath that has been sworn
this
same
and
and he
seems best
to
been found
" (4.)
guilty, to punish
him
in
We
have ordained
renewed by
*
"
all
our
Thirty francs."
Summam
triginta librarum
turonensium, the
pounds a piece of money, first coined at St. Martin's Abbey in Tours, France. During the eleventh century it became the royal coin, supplanting almost wholly the Parisian franc. In value it exceeded somewhat a modern francof 30 turonensian
piece.
sum
i8
order we
schals,
command
to
be published by our
bailiffs,
sene-
each year.
"
this
To you we command
it
strict
and courts
this publica-
tion repeated
" Transgressors of
you
will
punish
in
"Acted,
in Paris,
feast
in the
year of Our
Lord 1274."
The
official
as follows:
Chap.
I.,
Article
37
That
"
advocates
by
financial
penalties, suspension
or loss
of
all
their
property."
Also
in
Chap.
I.,
Article 39
That
"
if
there should
happen
their
(z.e.,
some poor and wretched people, who on account of poverty or because of the sway and fear of their parties
provide counsel for them, and to punish and
{procoiireurs)
who without
la
lois fran9aises
depuis
I'an
420Jusqu'a
revolution
de 1789;
Paris,
Tome
II.
19
them."
This was
only
following
in
the
laws
and customs of
all
European nations
Roman Empire.
for others for hire
Ages and also those of the The man of law who advised and spoke
the Middle
engagement or prom-
In
Rome when
artifice
upon
by the Praetor
he was solemnly
"
and circumlocution."
Aderant
verborum
jubebantur."
In
'
22
We
will that
they
will,
with
all
good
faith
and
truth, without
any tergiver-
sation, succour;
nor
;
will
sound conscience
by misrepresentation and
in
the
progress of the
suit, shall
appear to them,
in
fact or law,
is
abandon
swear
it.
Liberty
not to be
They
shall also
Tome XII. (1514-1546), No. 235, page 515. was always the duty of the lawyer at tlie Common law of England. See Viner's Abridgment, Title Pauper, etc. X Lawyers were present at the trial who were enjoined to handle the cases of litigants without artfulness and with simple language without any circumlocution.
* Recueil genSrale.
t This
20
suit,
they
will
shall not
renew
it
And
if
any advocate
of oath
in
removed
"*
from
Paul
Fournier, Les
officialites
au
la
nioyeii
age.
Etude sur
I'organisation, la
competence
et
"When
and
in
privileges.
In
certain
The
of the
officials
cour spirituelle)."
Domenico Mansi
statutes
in
From
number
of statutes
concerning the oath, duties, and privileges of lawyers contained in this collection a few are as follows
The Council
45 of
its
of Rouen, held
A.D. 123
i,
decreed
in
section
statutes, % that:
their
Origin, Nature, and History," by James Endell Tyler, B.D. Page 300. t Labbe, Philippe, and Gabriel Crossart, " Sacrorum conciliorum nova et amplissima patre Mansi edita. Florentiae, 1759." collectio editio novissima a Reproduction in facsimile. Paris, Welter, 1901. Capitulum 45, in Labbe and X Concilium Provinciale celebratum Rotomagi. Crossart, volume 23 (1903), col. 216.
,
.
21
"
Every
fully
perform
that
he
will
knowledge, use
false pleas, or
;
such as have
it
documents be produced
in
nor that he
client as
long as
he believes that he
himself;
and that
in
made
truth
he become
and
own hand
them
to
a journal
and the
be written out,
in
The same
of
whose
reform-canons
section
36,
states
"
that:
"The
who
in
in.
The formula
for
such an oath
is
thus:
That they
not just;
shall
malice
afore-
22
in
by-
means of
shall
false
by the
truth.
Nor
statement
at
witnesses, or cause
them
be suborned.
Nor
;
shall
they
false witnesses
and
if
they
to
such
to
be
made they
in
shall
do so
until
in
good
the
good
them.
faith.
Nor
shall
they bother
believing
(literally
burden) the
They
trate in court
a falsehood." *
in a
synod
at
"
Inasmuch
we ordain
admitted
three
in
public
trials,
years,
the
past, in
the
conduct of cases."
In
1278
the synod
of Langeais,
in
in
Capitulum 36 " De juramento advocatorum," volume 23, columns 240, 241. + Concilium Turonense. Capitulum 2: " De advocatis," in Labbe and Crossart, volume 23, columns 411, 412.
* Concilium apud Castrum Gonterii.
Crossart,
Labb6 and
23
shall
swear
at the
knowingly they
that they
in
will
will
their power.
lost
And, inasmuch
none
as
have
been
in
canon and
civil law,
or are otherwise
made experts
all
To
be sure,
other
Chapter
describes the
(z.^.,
Form
of oath of advocates
barristers), as follows:
and procurators
attorneys and
"
Advocates also
consistory,
i
:
and the
general
procurators
of
the
aforesaid
may swear
should
they
far as
trial,
similarly
above (Section
contained
in
the
afore-
mentioned
formula,
statutes,
that
as
will
observe
afifect
the
aforesaid
customs and
they
will
they
unless
bring no case to
they believe
to
be
their
clients,
they
will
elicit
all
possible
caution, the
show
Capitulum 15:
"
De
216.
24
dangers to which they expose themselves
in
legal proceed-
any further
(dishonest)
conditions
show themselves
to
be
unjust
shall relinquish
them
Europe
in
olden times
is
of interest.
laws promulgated
in
by Christian V.
of
Of those
who
to plead
Causes, shall be
Men
known Repute.
such a
" In
shall
be appointed
Number
act,
of
Lawyers
"No
one
shall
be admitted as a Lawyer to
who
knows
Fraud
to
in
be bad,
pleading,
all
from
all
Cavils,
That he
will
use
all
possible Brevity
That
he
rance to Reconciliation
That he
will
exact no exor-
25
bitant Fees from the Poor, or others
act honestly,
Clients.
And
that he will
all his
his
Power, for
Of
in
shall
admonish the
proper,
Lawyers
require a
dubious
if
they think
Renewal of
in
command them
and Abuse,
"
in
to abstain
from
Manner
of Scurrility,
their
Pleadings,
especially where
the
Fame
of the Defendant.
Lawyer
Duty
shall
be dis-
carded, rendered
moreover punishment
The
earliest
authentic
forms
lawyer's
oath
in
England now
to
in
the
Queen Elizabeth, which was until recently kept in the Crown Office at Westminster, but is now at the Record The Deputy Clerk of the Office in Chancery Lane, London. Crown reported to the Select Committee of the House of
Commons upon
Kingdom
in
1800
it
There is no date to the Roll above-mentioned, but appears to have been written in the reign of Queen Elizabeth, and has been altered (only in form) to make
the oaths applicable to the reign of
"
King Charles."
and careful
This report
this Roll,
inspection of
of the
Deputy
Code
Use
Danish Settlements
in
America.
London,
26
jeants-at-La\v and of the King's Serjeant were administered
that there
was no record
in
Crown
in their
Office
ever been
made
form.*
itself,
are as
Ki)ig' s Serjeant.
That well and truly ye shall serve the King and His People, as one of His Serjeants of the Law, and truly council the King _ ^ o in His Sacrra servient regis ad Matters whcn ye shall be called, and duely
shall Swear,
^^^^'
Ye
after
the
no Wages nor Fee of any Man for any Matter where King is Party against the King; ye shall as duly
and hastily speed such Matters as any Man shall have do against the King in the Law, as ye may lawfully do without Delay or tarrying of the Party of his lawful ye shall be process in that that belongeth to you attendant to the King's Matters when ye shall be called thereto; as God you help, and by the Contents of this
to
;
Book
Serjeant at
Law.
Ye
Sacrum
*^^"''
shall
vientum ad
and ye Causes willingly, for covetous of Money, or other Thing that may turn you to Profit; and ye shall give due Attendance accordingly; as God you help, and by the Contents of this Book, t
retained with after
shall not defer, tract, or delay their
your Cunning;
Reports
+
of House of Commons, Vol. XV. (Appendix D. 2. C), These oaths are numbered 12 and 13 on the original Roll.
p. 98.
27
This Ancient Roll contains no form of Attorney's Oath,
For sundry Damages and Mischiefs that have ensued before this Time to divers Persons of the Realm by a great Number of Attornies, ignorant and not learned in the Law, as they were wont to be before this Time (2) established, That all the Attornies it is ordained and shall be examined by the Justices, and by their Discretions their Names put in the Roll, and they that be good and vertuous, and of good Fame, shall be received and sworn well and truly to serve in their Offices, and especially that they make no Suit in a foreign County; and the other Attornies shall be put out by the Discretion of the said Justices; (3) and that their Masters, for whom they were Attornies, be warned to take others in their
"
;
Preju-
(4) And if any of the said Attornies do die, or do cease, the Justices for the
come
make another
in his
which
is
a vertuous
Man and
is
the
same Manner
such Attorney be
said;
The
earliest
authentic
is in
record
of an
Attorney's Oath
now
to be
found
in
preserved
the
Red Book of the Exchequer Record Office. This book was a regthe famous
*4 Henry
IV.,
Cap.
18. 1402.
28
ister
of important
it
documents, forms of
matters which
to preserve
a per-
was
doubtless
book of
the Court of
Exchequer from
a very early
made
to
it
of oaths contained
In this
book
is
"
Office
of Pleas!'
to anie to
You
shall
in
be done
you
And
if
you
shall
knowe
to
of anie to be done
you
shall give
Knowledge thereof
it
may
Man
for
Lucre Gaine
And
further
in
you
shall use
your
Attorney
the
this
No
Red Book
Henry
a rare
I.
is
now
to
be
found, but such an oath was doubtless framed and in use certainly from the time of the
Act
it
of
will
in
IV. in
1402, and
found
29
printed in 1649, called
of
"The Book
which
illustrates
:
oaths.
It is as
follows
THE
BOOK OF OATHS,
AND
The fever all forms
both
thereof^
Ant lent
and Modern.
all perfons
whatfoever,
any Of-
Numb.
30.
2.
//
a
to
man
bind
vo-w a
vow
unto
the
Lord, or
:
Jtveare an oath
his foule
with a bond
he
fhall
Heb.
6.
16.
For
))ten
verily
and an
is to
ftrife.
Printed at
30
This oath, found on page 29 of the Book of Oaths,
follows
is
as
The Oath of an Attorney-at-Laiv doe no falshood, nor consent to any to be done in the Court, and if you know of any to be done you shall give knowledge thereof unto my Lord Chiefe
shall
Vou
it
may
be reformed
;
you
Fees
nor
shall delay
no
man
you
for lucre or
malice
you
shall
accustomed
suffer
shall plead
no Forraigne Plea
man, but such as shall stand with order of the Law, and your conscience; you shall scale all such Processe as you shall sue out of the Court with the Scale thereof, and so the Kings Majesty, and my Lord Chiefe Justice discharged for the same yee shall not wittingly nor
;
any
in
false Suit,
nor
consent to
the
same,
paine to be
expulsed
you
shal
use
from the Court for ever; And furthermore, your selfe in the Office of an Attorny
so helpe
you God,
this
etc.
second edition of
in
1689, and
the
same form.
from
the
The
Oaths
taken
Book
of
Crown and
the
the Petty
Bag
in
interest as
conforming substantially
Oaths of the
Law
King' s Counsel.
Ye
King
shall
as
one of
Council learned
in
31
King in his Matters when ye shall be and duely and truely minister the King's Matters and sue the King's Process after the Course of the Law, and after your Cunning; ye shall take no Wages nor Fee of any Man for any Matter against the King, where ye shall duely, in convenient Time, the King is Party Matters as any Person shall have to do in speed such the Law against the King, as ye may lawfully do, withtruly counsel the
called,
;
ye shall lawfull Process in that that to you belongeth be attendant to the King's Matters when ye shall be called thereto; as God you help, and by the Contents of
;
this
book.
Attorney General.
Ye
King
shall
as
his
Attorney General,
in
all
his
Courts
of
Kingdom
in his
King
and duly and truly minister the King's Matters, and sue
the King's Process after the Course of the Law, and
after
of any
your Cunning; ye shall take no Wages nor Fee Man for any Matter against the King, where the
is
King
in
shall
have to do
in
the
Law
may
you belongeth; ye shall be attendant when ye shall be called thereto God you help, and by the Contents of this Book.
in that,
that to
to
as
Solicitor General.
Ye
King
shall
his
Courts of Record
within the
Kingdom
32
the
King
in
his
duly and truly minister the King's Matters, and sue the
King's Process, after the Courses of the Law, and after
your Cunning; ye shall take no Wages nor Fee of any Man, for any Matter against the King, where the King duely, in convenient Time, speed is Party; ye shall such Matters as any Person shall have to do in the Law
against the King, as ye
may
Party of his
;
lawful!
you belongeth
ye shall be
as
God you
help, and
Book. There
is
much
curious learning
in
Law
Fortescue,
to
Henry VL,
chapter to
in "
De
Laiidi" State,
bus Legiim
the
in
Serjeant-at-Law,"
which he
There
is
not, in
particular
Law
as such
be
in
the
in
Kingdom
of England.
Neither does
happen, that
Serjeant at Law.
and practised
Courts of
No
in the Laws, can be made a Judge in the Kings Bench, or the Co^nmon Pleas, which are the Supreme Ordinary Courts of the Kingdom, unless He be first called to be a SERJEANT AT LAW:
Neither
plead
in
is
the Court of
Common
Pleas, where
all
real
33
Wherefore, to
this
Day, no one
SER-
JEANT AT Law,
and a Barrister,
wears
in
till
He
hath been
first
:
Student,
full
Sixteen Years
Every Serjeant
is
Badge
that
ike Chief
Ensign of
Law
are distinguished
AT Law,
the Royal
upon Fortescue,
in
it
is
" It
may
precisely
known whether,
was confer'd or
at that
not, but
is
order to qualify
The Reason
is
the same.
Mr.
tion
Note ad Cap. VIII. (2) makes menof the Students in the Civil Law of 2, 3, 4 and 5
Selden, in his
to hint
that an
i
APPRENTICE
Fleta,
AT
Law
is
Degree;
He
quotes
Ed.
3, also a
lib. 2.
Monument
of Parliament 20
Ed.
i.
more
whom
Also that
judge
to be,
call,
BARRISTERS."
" Serjeant at
Law
imports one
who
34
of the
King and
his
People
:
in
Practice of the
Law
Law,
for
at
Law
State
can be a Judge
The
or
his
Honour
great
of Serjeancie
as
is
Title,
and Dignity of
Respect,
of
his
Patent
Creation.
The Lord
Coventry,
'
in
Speech
at the
It is
a very
as in the
Commencement
of the
Common
Law
The order
Pilgrims
company
of
in
whom
he
made
to set out
Serjeant of the
wise,
at consultation, f
There was
He seemed
Justice he
was
often at Assise,
By patent and by
For
his science
pleine
commission
and
for his
high renown.
Angliae. Notes of Selden, etc. Edition 1741, pages 113, See also Antiquities of the Inns of Court and Chancery (Herbert), page 358, et seq.\ Order of the Coif (Pulling); Observations Touching the Antiquity and Lives of the Chancellors Dignity of the Degree of Serjeant-at-Law (Wynne) (1712) Vol. IL; Whitelocke's Memorials. fThe original reading is "at the parvis," meaning the porch of St. Paul's or of Westminster Abbey, where lawyers were wont to meet their clients for consultation. In this case, as in some others in the passage, I have ventured to put, in place of the original words, a modern form, more easily understood now, but which, I trust, preserves the author's meaning.
115, 116.
;
De Laudibus Legum
35
Of
fees
was
fee simple to
him
in effect,
Nowhere
so busy a
man
as he there was,
And
yet he
of
And
every statute
knew he
by rote
He
When
King
was conferred,
it
was
the custom
the
to confer
it,
and
its
duties.
8,
1648,
Chancery Bar
to
take
He
said:
hold
it
to the
courts and
"
some
to the clients.
To
minores, justitiam
and reverence
" 2.
is
due
them from
all
persons, and
more
true
An
* Let
36
information.
The
his
it
must not
to
untruths
Will.
I,
in
The
statute
of
in
an excellent direction
"
'
When
good cause
or
destroyed by misinformations or
the
unlawful
subtleties
deceits, let
instruments thereof
wo denounced by
evil
good
and
evil
good,
put
darkness for
and light
for darkness,
dust.'
and
"
shall
go up as
Remember
The
that in
your oath
[well
for
shall
serve]
"
and truly].
particular.
"
The general
fidelity.
I.
secrecy,
may
them
it.
diligence,
and
"
a kind of confessors,
and
ought
lay
be such, to
whom
the client
with confidence
his case, his
open
his evidences,
sub
sigillo,
discover
to
client's
prejudice
nor
will the
:
"2.
For diligence
much
is
required
in
an advocate
in
by
breviats, but
by looking
in
drawing
and
in
in law,
"3.
For
fidelity:
it
is
accounted vinculum
is
societatis.
in
The name
of unfaithfulness
hateful in
all
and more
whom
liveli-
37
is
down
to Hell, sets
of crimes,
invisi fratres,
dum
*
vita
manebat,
clienti,
poenam expeetant."
to
"
that
to
particular clients
some
must be no endeavour
Some
they
their business
they are
not your
the ears of
God
and
he
who
is
charity.
Some
more pains
Some
Some
them
Some
are contentious,
advise
them
Amongst
your
clients
and
all
others,
to gain
and preserve
Among
your neigh-
bours
"
in
degree,
* Here, those who, while alive, hated their brothers, beat their parents, or defrauded
their chents, imprisoned, await
38
Upon
this
England, the
office
was estabin
North
America.
An
in
the
Union, shows
how
established here.
It
should be borne
in
mind, however,
in
considering this
legislation that
Court by an attorney.
liti-
man
of lawe,"
who
could
might
not
lawfully "
stand by him
in
all
represent him
devolved on the
suitor, in
propria persona.
the British
In the Harleian
is
MSS.
in
Museum
(298,
fo.
56),
by Serjeant Marshall
in in
Bench
at
Oxford, T. 25 Edw.
is
Thomas
"
office alibi,
of a
ubi
common
melius
serjeant-countor
(coram
poterit),
*
justiciariis,
et
in
ad
hoc conduci
with
*
him
ally,
equivalent for advocate, used even to this day, is Rechtsbeistand ; literhe who stands by (another) in matters of justice and law. Moriz Heyne, Deutsches Worterbuch, Volume 3 (1895), column 49, says Rechtsbeistand (i) Beistand in einer Rechtssache einen Rechtsbeistand leisten einen Rechtsbeistand Person die solchen leistet, e.g., Rechtsbeistand sein (2)
:
A German
mitbringen.
Literal translation
:
Right-stand-by (1)
= stand-by
{i.e.,
e.g., to
give legal
39
herein,
as
much
as
he could,
it
as
his
serjeant
(tanquam
is
cases
(et sicut
talibus
servientibus
hujusmodi casibus,
licet)."
Domo
Capitulari
Westm,
de
cate
in
the
ecclesiastical
"Master William
;
were attached to
a plea of conspiracy.
is
And
a commojt advocate,
and
stpod with the said Master William for his giving (quod est
communis
Willielmo,
advocatus,
et
stetit
cum
predicto
Magistro
de
pro
suo dando),
against the
said William
Welleby.
and not
But, by the
jury,
he
is
guilty, to the
damage
marks.
Welleby
of
twenty-four
is
And
Master
*
John
is
acquitted, because he
a common advocate."
According
to the old
in
obliged to appear
person
common
law
of England
assistance.
(2)
e.g., to
be a right-stand-by
to
means
and
legal representative or
i)
8 (1893), column 424: Beistand, der bei einer Rechtshandlungoder vor Gericht geleistet
The formula
in legal
documents
is
solchen Beistand
leistet
Anwalt N.
Translation
legal
Right-stand-by.
The formula
in
documents runs thus Before the Notary N. appears the wife N. with the assistance of her husband. Person who gives such assistance: thus, his (2) stand by (legal adviser), the attorney N. * Serviens ad Legem, James Manning, page 170.
legal
right
40
appear
in
Court
bj'
made
his personal
by
a
attor-
ney, and
Court which
held
if
jurisdiction without
writ
the
why
in
the
right
of parties
It
is
to
expressly
given.
true
men
in
of law,
and
pleaders, as
they were
obtain an authentic record of the laws and customs of England called together a
body of English
to report
with
on the subject
justice
but
it
was not
tered in
Conquest when
was adminis-
England
in
unknown
employment of lawyers
It
to represent
suitors
English word
pleader
"
Norman word
" conteur," or in
English
the
client, as
now
the case
in
The modern
clients.
He
through
whom
him.
middle man.
his
He communicated
at the
directly with
his client at
chambers,
wherever he
Attornies.page 6
.
I. i, c.
Maugham on
41
could
best
serve him, and served
him
in
any capacity he
The
by
now.
first
Parties were
Statute of Merton,f
In
A.D. 1235,
in
certain cases.
1275
1402 the
act
for the
admission of attorneys
and also
by the Courts of
By
in
Court
if
roll
they
The reason
Courts
for
unless
the
The
t20 Hen. 3, St. Merton, c. 10. 3 Edw. I, St. I Westm., c. 29. 2 6 Edw. I, St. Gloucester, c. 8. 3 13 Edw. I, St. I, Westminster 2, c. 10. < 12 Edw. 2, St. I, c. I. Statute of Carlisle, 15 Edw. 2, st. i.
1
I"'
7 Richard
2, c. 14.
X4 Hen.
4, c. 18.
42
IN
CONNECTICUT.
was recognized and an
in
official
The
la\v\-er's in
office
oath
prescribed
"
Connecticut
May,
708,
by an
act as follows:
at
the bar of the several countie courts or courts of assistants within this government,
" //
thereof,
is
ordeined by
this
Court and
in
the
authoritie
case, shall
his
own
at the bar,
without being
the plea
is
whom
to
following oath,
"
You
in
shall
to
any
to
be
done
to
be done
you
shall give
knowledge thereof
that
it
court, or
some of them,
false or
may
be reformed.
You
to
be sued any
You
shall delay
no
man
for lucre
you
an
good
fidelitie, as
This form
Forms
of Oaths
*Conn. Colony Records, Vol. 5, page 48. t Acts and laws of Connecticut in New-England in America. Edition of page 180. General Assembly held at New-Haven on the 9th of October, 1729.
1750,
43
in
use
is
It
is
as
that
you
will
do no falsehood,
and
if
in court,
you know
may
suit,
be reformed
you
will
to be sued,
any
false or
;
unlawful
will
or give aid, or
consent, to the
or
same
will
you
delay no
the office
man
of
for lucre
malice
but
exercise
attorney,
may
your
practice, according to
well to
*
the
court
as to
client
so
help you
God."
General
44
IN
DELAWARE.
An Act
about Attornies and Solici-
were provided
for
:
by
"
tors," as follows
irregularities in all
and every
Majesty's
government, and
may
in
them reposed
Section
i.
Be
it
Delaware,
Solicitor, or other
person whatsofee in
any reward or
any
such
of
the
courts
of
this
her
Majesty's
government,
scribed
by
England;* and
shall take
false-
You
shall
do no
hood or
to
any
your knowledge
and
if
be done, you
shall
may be reformed
You
shall delay
no
man
for
*An act for the security of her majesty's person and government, and of the succession to the crown of Great-Britain in the protestant line.
45
able fees
first
You
shall plead
suits,
unlawfully, to the
ment) stand with the order of the law and your own conscience:
to
You
procure
be sued, any
And
office
further.
You
the
of an
72
this
An Act
this
government, as follows
That
there
may
be
competent number of
learned
in
the law,
who
shall
behave themselves
court as to
Thou
ability,
shalt
behave thyself
in
and with
all
good
shalt
the
client:
Thou
use
no
And
if
Law
*
1704.
in
such cases.
By which
Attornies actions
Laws
may
i,
46
rations
and records
in
all
such actions
and
suits as
may be
may
practice in
all
obtained from
by the recommendation of
this
County Courts of
government;
and pay
sum
licensed.*
as to admission
as follows
"
by the
who
shall
shall
faithfully in their
practice;
and
if
suffer
law
in
Such
attornies
may
enter
actions, prosecute
and defend
suits,
draw
all
writs, process
and
pleadings,
in
i.
26, 27,
1721.
47
"
Every attorncy-at-law
shall, in like
constitutional qualifications,
"
'
make
I
I
affirm) that
behave myself
in
the office of an
my
good
fidelity, as well to
I will
So
help
me God
(or so
* affirm).' "
The
attorneys
the oath
the
same
as provided
in
addition there
required an
* Revised Statutes of Delaware, 1893, Chap. XCII., page 698; Chap. XXIV., Sect. t Laws of Delaware, Revised Code, 1893, pp. 234, 698.
4.
48
IN GEORGIA.
The
And
it
is
aforesaid,
pursuant to
this act,
common
pleas,
accustomably
admitted
and
sworn,
shall,
before
he
is
I,
A. B. do swear, that
in
will truly
myself
of
my
"
knowledge and
help
me
God.'
XIV.
And
it is
by the authority
this act,
aforesaid.
pursuant to
in
and enrolled,
viz.
I,
A. B. do swear, that
in the practice
will truly
myself
my
"
knowledge and
ability, so
help
me
in
God.'
force.
Remainder of
II.,
this statute
not
2nd year of
George
A.D. 1729."!
4,
page 654.
Edition
49
In 1789, after Georgia
became
An
"
departments of
this State,"
as follows
LXV.
And
be
it
enacted.
in
That no person
shall
be
inferior
examined in open court, and admitted by one or more of the judges of the superior court: Provided, That the persons heretofore admitted shall not be deprived by
this act
from practicing
in either
may
ney
for
malpractice
in
his profession.
this or
may And
try an attorall
fines, for-
feitures
any other
act, shall
be recovered
summary way."*
and
in equity,
in
convention pre-
I,
may
best
be] that
will justly
and
solicitor," to the
I
of
my
will
support and
defend the constitution of the United States, and the constitution of the state of Georgia
So help me God."
Edition of 1801, page 406.
50
after
Georgia became
a State, attorneys
But
in
1795
it
who were
citizens of
to the
in
practice
of the
by the laws of
Georgia
tice
for the
without having
Georgia.
this
no
attorney or
attornies
shall
practise
Provided
also.
states,
shall previous to
produce
to the
judge or judges
of his regular
state, a certificate
in
may come,
under the
where he
strict
shall
undergo a
The
rules of
Court as
to the
some Judge or
SI
shall
his
moral
rectitude,
and
undergo an examination
in
open
court,
upon a day
* Compilation of the
Laws
of Georgia, 1800-1810.
52
IN
MARYLAND.
Maryland
in
An
fees
act
was passed
in
17 14
:
regulating the
And
be
it
further
Enacted
by
and
with
the
all
Authority,
Advice
and
in
Confent aforefaid,
That
Attornies practifing
the feveral
County Courts of
Balance
this
Debt
fued
for,
or
the
recovered,
or
exceeds the
Sum
of Ten Pounds
Sterling,
Two
hun-
Sum
of
Two
Fee
ask, receive, or
demand
in
Fee,
Sum
of Tobacco the
One Half
for
Lady
fame,
or
Queen,
Government, the
fue
for the
recovered
by Action of Debt,
and upon
in
Bill;
Plaint,
Wager
Law
to be allowed
Conviction thereof to
faid
the
The admission
171
5
Maryland
in
by
in the
S3
"
An Act
ill
law
in
And
be
it
further enacted,
by the authority,
advice and consent aforesaid, That from and after the end of
this present session of the
being admitted
by the
to
his
who
are hereby
empowered
until
admit and
suspend them
known
in
therein
sue
does not reside, shall be obliged to give security for the pay-
ment of
by him
all
upon any
suit
to
be commenced, either
in
at the
of the writ
court to which such writ shall be returned, on pain of paying such fees himself, or suffering his client to be nonsuited,
in
any
law, statute,
Provided
always. That
nothing
in
this
act
courts of this
person
practising
practise
in
54
majesty's honourable council, nor to any person that shall not
qualify himself
to
be taken by
act of parliament
late majesty, of
ity
made
in
An
of her majesty's
the protestant
Admission
to
practice
is
now by
as
in
open
I
will at all
times
demean
fairly
that
will
and that
I
government thereof
or ordinance of this
standing."
as the
any law
or any State
The conduct
of attorneys
is
by
The judges of the several courts observe the demeanor of all attorneys
before
of this
State
shall
practising the
liberties
law
them,
who
shall
to the
their
respective
Sects. 12, 13.
*The Laws
of Maryland.
i,
Chap. XLVIIL,
55
courts,
and
shall
(at the
discretion
of the
*
court) not
exceeding
fifty
dollars for
any one
offense."
56
IN
It
MASSACHUSETTS.
after the
Massachusetts
Bay Colony
was
known.
regularly
It is
if
educated
attorneys-at-law
Body
it
Magna
Charta, of 1641,
unfit to plead
his
owne cause
any Court
shall
whom
The want
of suitable
attorneys to present
the cases of
the magistrates
in
And when
an attempt was
made
to
it
parties
to
employ lawyers
The
could
and
if
they
not find
attorneys to
Washburn, Judicial History Mass., page 50. t Body of Liberties, Liberty No. 26, Whitmore Reprint, page 39. X 2 Winthrop's History, 36. Colony Laws, Edition 1814, Chap. 30 [p. 87] Colonial Laws, Mass., Whitmore
^s
;
57
sented them themselves, and so consumed the time of the
its
business that in
court,
taking
into
consideration
the
great
many
to
in court,
both of
prosecute
It is
therefore
when any
party that
plaintiff or
mon
fees
actions, to be
added
country."
The
in
first
Laws
of Massachusetts
found
person
in
who
an
usual
and
common
sit
Attorney
any
be admitted to
as a
Deputy
in this
Court."
from the
it
was not
deemed proper
should be a
that a
common
of the
member
which he practised.
"
1673
it
by
his lawful
Washburn,
58
to
"
in
any courts,
1679, that a
at
Town
cause
the
necessity
seal
as
in
ordinary cases.*
In
in
the
make necessary
and orders
for practice
in
proceedings should be
other,
and
"
that
any courts
proper per-
might
own cause
in
his
the court."
In
courts,
24, 1698, with an additional provision that " attourney's fees to be allowed at the superiour court of judicature shall be
to
be paid for
in
any case."
ceedings
in
was
dis-
This act
as
it
was
in
use
in
Whitmore
t Province Laws, 1692-1714, Vol. L, page 75. + Province Laws, 1692-1714, Vol. L, page 287. Province Laws, 1692-1714, Vol. L, page 374.
59
by the Court
1686.
in
At
his Majesty's
in
Peace holden
Boston
on ye 27th of July
Secundi Secundo.
Randolph,
"John Richards,
erall
Esq.,
Simon Lynd,
Assistants.
Gen-
Mr.
Giles
Master
.
Webb
Oath administered
them
Swear That you will Do no falsehood nor any to be done in this Court and if you know of any to be done you shall give knowledge thereof to the Judge of this Court for the time
You
shall
assist-
may be
reformed.
You
shall
Lucre or Malice. You shall increase no fees but be Contented with such fees as are by order of Councill or the Judge of this Court allowed you, in time to come you shall plead no plea nor sue any suits unlawfully to hurt any man but such as shall stand with the Order of the Law and your Conscience. You shall
delay no
for
man
any
false
suits or
give
Aid or Consent
to the
same on
and Demeane yourselves in the Attourneyes within the Court according to your Learning and discretion: So help you God."
you
shall use
6o
"
had been
wards
Oxford prior
1676 to
England from
1679, as
agent
for
the
Colony."*
when
commonly
which oath
shall
in
same
at the
time of
lowing
"
that
shall
is
to say,
to
You
any
to
be
done
in the
court,
to be
done
you
shall give
knowledge thereof
that
it
court, or
some of them,
false
may
be reformed.
You
or
to
be sued any
You
shall
delay no
man
for lucre
you
all
good
fidelity as
And
in
and
common
And none
to the
Massachusetts, H. R. Bailey: p.
13.
6i
any
fee
taxed for
them
in bills
in
contrary
should be admitted
as
an attorney
unless
of good moral
qualified
government and
"
No
Court
in this
Commonwealth,
this
unless he
is
a person of
and Government of
and
made such
;
him
useful
therein
and no person
in
in
be admitted
to practice as
this State,
an Attorney
until
he shall
the declaration
Commonwealth, and an
"
'
You solemnly
of an
Court, and
if
you
give
know
intention
to
will
knowledge thereof
of them, that
it
Court or some
will
may
be prevented
you
not wit-
tingly or willingly
false,
groundless,
or consent to the
same;
will
you
will
delay no
man
but you
conduct yourself in the office of an Attorney within the Courts, according to the best of your knowledge and
* Province Laws, 1692-1714, Vol.
1.,
page 467.
62
discretion,
fidelity, as
well
to
the
'
"
And
it is
enacted,
That the
parties
may
plead and
manage
their
own causes
personally, or
fit
by the assistance
engage
;
to
but the
any
suit, shall
not be allowed to
manage
shall
their
employ
greater
number."
In 1836
it
citizen of the
Common-
of law
in
the office of
any
person
who
to
should
not have
recommended by
be examined for
Court should
be
found
qualified,
might be admitted- to
Commonwealth.
And
it
"
as an attorney shall, in
to
open
court, take
stitution of
Common-
The oath
"
You solemnly
63
in
the
ofifice
your
knowledge and
and with
your
all
good
fidelity,
clients.
So
It
for
Why
in
ofifice
was changed
in
this revision
in
of the
oath of
ofifice
was sub-
the attorney
if
in
Court "
to give
knowledge thereof
of them, that
it
may be
in
And
:
the oath
then
use
as follows
Whoever
is
in
open
the
United
States,
ofifice.
and of
this
common-
The oath
of
ofifice is
as follows
"
that
you
will
in
do no falsehood,
;
court
you
will
not
false,
ground-
or consent to the
;
same
you
will
delay no
man
but
64
you
will
conduct yourself
in
all
good
fidelity as well to
*
Under
1806,
the
March,
and
subsequently
time,
established
which
rules rules
were
repealed
and
new
rules
made
in
18 10.
These
have
Common
Pleas for the term of two years before being eligible for
The
relation of a
sworn attorney
to the Court,
and
his
Shaw
quote from
it.
The question
offered to
raised was
and who
fact,
show
that
for
the
attorney had
not
been, in
counsel
in the case
some
The Court
held
Nothing
is
more important,
in
for a party to
know who
he
is
and with
whom
may
all
Hence
65
and powers.
a party,
When,
him
therefore, an appearance
is
entered for
right,
by
have a
prima
such
facie, to regard
party.
"
gating parties,
is
greater than
it
might seem
In
at first blush,
and
is
most cases of
in
controverted
many
prove
facts are
embraced
the
;
issue,
really in dispute
to
all
but each
must be prepared
case, unless
own
adverse party,
It is,
at the trial.
to
trial,
be encouraged by the
and give
mutual concessions,
in
good
if it
fact
would be called
facts
ing,
is
in
question.
of admitting
the
more necessary,
the effect,
to
or a few questions
of
He may
66
notice of
it
to the court
and
but whilst
acts
he so stands,
attorney.
" It
of the
was stated
in
the
argument
his chent,
is
only by acts
this
court.
We
Many
things
and
in vacation,
cause.
by an attorney, without
the
special
official
directions,
must be
acts
within
scope of his
in the
is
engaged
and
this
is
the proper
interesting to note
as
in
long time.
the
Commonwealth and
time.
more were
sworn
78 1
the
Supreme
records
was estaborder,
which
upon
its
"
literary
accomplishments are
necessary as well to promote the Happiness as to preserve the freedom of the People, and the Learning of
the
Law when
as well
being
67
good
private Justice;
to
Court being at
all
times ready
profess,
by a mode of Con-
Honor
to
men
"
of Science,
Honor and
until
Integrity:
shall
Do Order
that no
Gentleman
be called to the
Degree of Barrister
call to
shall
be
as follows
shall
be a Candidate
Justice or in his
The Chief
in
absence the
the
name
that
his
of the
for a
it
of the
in
Law
shall let
him know
Court of
is
Conviction
the
Mind
of the
being
shall
solemnly charge
him so
to his
to
Country by exerting
do Honor
Defence
of her Constitutional
self as to
Freedom
and so
to
demean him-
to the
In
follows
68
"
Commonwealth of Massachusetts
A.
B.,
"To
Esquire, of
Greeting: VVe
Learning and
Integrity
you appear before our Justices of Court next to be holden at in and for our county of on the Tuesday of next then and there in our said Court to take upon you the State and degree Hereof Fail not. of a Barrister at Law.
that
Command you
our
Supreme
Judicial
"
Witness
at
Boston the
Clerk."
The
Court
further
ordered
that
the
writ
should
be
whom
directed,
produced
in
Clerk, and proper certificate thereon made, should be redelivered to the barrister legally called
;
his
being
69
IN
NEW HAMPSHIRE.
I
The
scribed
first
have found
by an order
Territory
Majesty's
and Dominion
in
An
passed
in
1686
in
the
old
Town House
in
Boston, when
in
sec-
on
different days.
3,
Section
"
passed
as
May
Such
from time
plead
in
any of His
Majesties Courts), and no other presume to offer Pleading, save that every
man
is
own
Case."
On
it
the
in
Attourneyes
You
to
shall
any
to
be done
this
Court, and
if
You know
of any
be done You
this
shall
Judge of
Court
for the
time being or
Some
other
or malice.
may be reformed You shall delay no man for lucre You shall encrease no fees but be contented
Such
ffees as are
with
JO
of
this
in
may be
allowed
You
Come.
You
shall plead
You
Sued any
Same on paine of being expulsed from the Court for ever, And further You shall use and demean Your Selfe
in
Your
office of
to
Your Learning
&
Discretion.
New Hamp-
7 14
by
"
An Act
it
Be
General
Assembly, and
by the Authority
ant
in
of the same.
That the
plaintiff or defend-
any
suit
may
in his
And
be
it
further Enacted,
That
all
attornies
commonly
to
them by the
open
court, before
the justices of
That
is
to say.
to
You
shall
any
to
be done
shall
in the court,
to be done,
I.,
you
*Laws
of
New
some
of them, that
it
may
be reformed.
You
shall
not wittingly
unlawful
shall
suit,
You
court
delay no
in
man
for
lucre, or
malice, but
you
shall use
yourself
the
office
of
an
attorney
within
the
good
fidelity,
as
your
client.
And
rior
be twelve
shillings,
and
in
the inferior
court of
common
to
no
more
be paid for
in
any case
and
as
are
allowed
fee
have any
usage, or
of
cost:
Any
law,
custom
wise notwithstanding.*
February
a State,
"
An Act Relating
to Attornies.
"
Be
it
tives
in
General-Court
convened,
That
the
plaintiff
or
suit,
being a citizen
in
may
his
State, being
may
(1771), Cliapter
*Acts and Laws of His Majesty's Province of New-Hampshire XXXVU., page 50.
in
New England
72
"And
shall
be
it
further enacted,
That
all
attornies
commonly
be administered to
them by the
same,
at the
open
That
is
to say,
will
YOU
you
do no falsehood, nor
if
and
knowledge thereof
that
it
court, or
will
some of them,
may be reformed
that
you
shall delay
no man
of your
learning
all
good
fidelity as well
to the court as
your
client.
So help you
of cost, any
in
any
bill
law, usage or
custom
in
use
is
and sub-
scribe, in
this state
that
in
you
will
do no falsehood, nor
if
you know of
73
the court, or
some of them,
false
will
that
it
may be reformed
that
you
to
will
be sued any
;
same
that
you
delay no
man
and
good
Court as your
client.
So help
you God."
74
IN
The
was
tirst
NEW
JERSEY.
New
Jersey
America,
Law
or
Act of Assembly
in
Law
whatsoever, but
*
Practice
for the
by Licence of the
Time being."
it
New
was provided
every person of
memory might
in
Court
in
by
his solicitor in
chancery or attorney-at-law,"
in his
own
is
who
which he
acts."
And
also
"
That
if
any counsellor,
shall
be guilty of malepractice
be put out of the
roll,
he
*The
shall
and never
be perNew-
Jersey, etc.,
page 223.
75
new
license
and
be again enrolled
in
The
lawyer's oath, as
1799, was
first,
the
oath of allegiance
"
I, I
swear, that
to the
do and
will
bear true
in
faith
and allegiance
under the
government established
this state,
So help me God."
and second,
"
I,
I
do solemnly promise
will
faithfully
may
be) and
will
execute
my
my
abilities
and under-
standing.
So help me God."
This
The degree
Jersey, and
of Sergeant-at-law was
recognized
of the
it
in
New
appointments
made by
rule
Supreme
Court
in
May, 1755.
in this
In 1763, however,
was ordered by
the Court " that no person for the future shall practice as a
Sergeant
Governor
for
up by
writ
England."
*
Laws
of
New
ye
In
May,
1764,
this
rule
of
examinations
sivel}'
for
by the Sergeants.
the Province of
New
now
Jersey,
licensed
examination, which
is
The
rules of the
Supreme Court
United
The oath
as follows
:
any court of
this state,
swear, that
in
will faithfully
counselor or
solicitor,
the case
may
be), and
execute
my
office
my
abilities
and under-
standing.
So help me God."
of attorneys
is
The conduct
specifically regulated
by the
is
the penalty
:
in
which
like
*The Supreme
Series
2,
(Bell.),
Vol.
I.,
page
66.
'
77
" If
any counselor,
solicitor
or
attorney-at-law shall be
courts, he shall be put
guilty of malpractice in
any of the
after
out of the
roll,
and never
be permitted to practice as a
*
new
license,
in
There
is,
Court to
lawyers.
license
persons
as
An
found
in
70
N.J.
New
them
Jersey neither
to
licenses
nor
admits
practice.
They
are
is
by
recommenda-
examination made by
amination
so
or under
its
made
or
supervised
from the
earliest
Supreme Court,
at the
in
unqualified form
time the
The power
those
of the
Supreme
recompowers
itself,
whom,
it
'
mended
which
in
for
license,
addition to
to
'
'jurisdiction,'
"
it
ment authorized
continue.'
* General Statutes of
New
2,
pages 2330-2534.
78
IN
The
first
NEW
YORK.
New
York was
"
An Act
Whereas
for
at
Number
in
of Attorneys at
Law
that prac-
tice at the
Barr
this
many
or
may have
suits at
Law
to the
tice ma}'
Room
Left for
Complaint be
by the Authority of the same that from and after the publication hereof that no person or persons That shall
have any
suit at
Law
in
Within
neys at
Law
management
of any
if
Law
it
shall
Depending
to order all
Without Returning
in
this or
any
other Act
To
force
New
page 351.
79
I
in
New York
After
until
English statutes
New
York became
by
"
Solicitors,
Advo-
in this State,
is
so specific in
much
give
on the practice
in full as follows
Be
it
York, represented
it
is
hereby
shall be lawfull
to
make and
in
all
and
in
any
Court
in
this
State;
to
or defend the
his,
same
be
Action or Plea,
Person, or by
" II.
said,
And
all
it
further Enacted
That
any
any
or either of them, in
Suits,
same
Suit,
Action or
Plea
is
who
shall cer-
to
8o
the Judges or Justices of the Court in which the Suit, Action
or Plea
is
or shall be depending.
And
further,
That such
as
or
may be
his,
Action or Plea,
may appear
Writing,
Suit,
Action or Plea
it
is
or
may
Man,
be
depending; and
Cases where
may be
some
necessary, shall
to
to
sufficient
in
Warrant of Attorney
in all
the
same
is
Action or Plea
and
or
Manner
if
and prosecute
for
such Infant.
And
any
Infant
in
is
Manner
" III.
same
afore-
Suit,
Action or Plea,
same
Infant.
And
be
it
further Enacted
by the Authority
said,
That no Person
Attorney,
shall henceforth
be admitted a Counin
sellor,
Solicitor,
Advocate or Proctor,
any
been found, by
Disposition
;
their Dealings, to
be
skilful,
and of honest
Court,
shall,
before such
be found virtuous and of good Fame, and of sufficient Learning and Ability, shall be admitted, and their
Names
shall
be
put
in a
Roll or
Book
to be kept in
for that
shall,
scribe an
'
the
Words
do swear, That
in
will
truly
and
honestly
(or of
a
demean myself
Counsellor, Solicitor,
or
Proctor, or
of an
may
my Knowledge
And
if
and
Ability.'
be
it
further Enacted,
by the Authority
Solicitor,
afore-
That
Advocate
in
Default of Record
be received to
act
as
in
Counsellor,
Attorney, Solicitor,
further.
Advocate or Proctor,
any Attorney shall
any Court.
And
That when
die,
whom
he was Attorin
be warned
to
his
or Prejudice
the Party.
be
it
further Enacted
by the Authority
afore-
That
if
unto
it
in
shall
82
Imprisonment, and
treble
shall
moreover pay
Suit.
" VI.
said,
And
if
be
it
further Enacted
by the Authority
aforeshall
That
work
his
own
gain, or wil-
demand, by
his Bill,
any Sums of
Money
or
Allowance
every such
for or
upon Account
of an}-
Money which
out or disbursed, or
become answerable
or
for, in
his or her
Action against
recover therein
Proctor, and
Damages and
Costs of Suit:
And
such Attorney,
any more.
further Enacted
And
be
it
by the Authority
afore-
That no Attorney,
for
commence
charged therewith, or
last
left
for
him or
her,
Dwelling-House, or
Disbursements,
common
legible
Hand,
in
Law
Words
at length,
monly used
proper
in
Hand
"VIII.
aforesaid,
in
And
be
it
further
Enacted
by the Authority
Demandant,
or
his
Warrant of Attorney
is
be
depending, the
same Term he
declares,
and the
83
Attorney
for the
Defendant or Tenant
Warrant
Pain to
forfeit, for
Sum
of
Ten
Bill,
Plaint or
whom
Party
or in
whose
Office the
;
and also
make
Satisfaction to the
grieved,
according to the
had or made.
And
be
it
further
shall,
Name
whom
the
And
if
be
it
further Enacted
by the Authority
aforeshall
That
Action or
shall
Suit, in his
convicted, he
such Court.
And
further.
That
as well the
same Attorney
each of them
as
he who shall
Suit, shall
forfeit, for
every
Sum
of
thereof to the People of this State, and the other thereof to the Party grieved
;
be recovered by Action of
Debt,
"
Bill,
Plaint or Information, in
XI.
And
be
it
further Enacted
by the Authority
afore-
84
said,
Day
of
May
next, no
Clerk, or Register, or
Deputy
Register, of
Advocate or Proctor,
;
any
Suit,
Action or Matter
in
the
same Court
and that no
dur-
Under
Sheriff,
Sheriff's Clerk,
Coronor or
Bailiff, shall,
Advocate or Proctor,
in
Deputy
Register,
Advocate or Proctor,
shall
in
to prose-
or before
Day
*
of
May
next,
shall
be Attorney of Record,
or
Solicitor
or Proctor,
until
such
Suit
Action
is
finally
concluded."
It will
6t'h
sections of this
act practically
embody
Primer Westminster.
And
if
in the
the act, the oath would correspond very nearly to the official
oath established
in
New Hampshire
showing how
in
1686.
The
statute
is
also interesting as
by
parties to attorneys
be given by a
warrant of attorney.
The only oath now required upon the admission of lawyers in New York is the oath of office prescribed by the Article XIII. of the Constitution to be taken by all officers and,
as applied to lawyers,
* Laws of
is
as follows
Edition of 1789, Vol.
2,
New
York.
page
64.
85
I
will
support the
New York
the
and that
will
faithfully dis-
Coun-
Law
in
Supreme Court of
the State of
New
York according
to the best of
my
ability.
86
IN
NORTH CAROLINA.
as
to
The English
1792.
statutes
lawyers
were
in
observed
in
force as late as
to the
penalty
of a Sergeant
committing
3,
deceit,
in
and Chapter
that year, as
were printed
being
in force in
This
"
last statute
was
as follows
An Act
and
Misdemeanors of
Attornies and Solicitors at Law, and to avoid unnecessary Suits and Charges
"
in
Law.
Solicitors
and
them
to
subjects grow to be
practice of
Law
greatly
slandered
And
:
for that to
Be
it
enacted
by the authority of
at
Law, or of or
for
for copies to
any Clerk or
at
West-
the hand
England
Published according to a Resolve of the General Assembl)'. Francois-Xavier Martin, Esq., Counsellor at law, 1792, pages 10, 356.
North-Carolina.
By
87
received for his fee, or given or paid for copies, and at what
time, and
how
all
often
And
that
all
assigns, of
have
for
charge their
that
if
fees or charges
And
the
his clients
work
his
own
gain, or
demand by
his
his bill
any other
every such
have
such
Attorney or
damages,
discharged
Solicitor,
be
And
numbers of
henceforth
Solicitors
and
Attornies, be
enacted
by the
from
shall
be
admitted
in
the
same
courts, or other-
soliciting of causes,
skilful
and of honest
solicit
And
be
that
none
to
be suffered to
any cause
known
his
to
men
And
any other
to follow
any
suit in
them
for-
88
feit for
to
be recovered
in
debt,
essoin,
bill,
plaint,
information,
wherein
shall
no manner of
:
be allowed
And
became
sion of Attorneys
"
was regulated by
and
for regulating
An
VII.
said.
And
all
be
it
further enacted
That
persons
who have
ment, and
permitted
shall hereafter
be
practise in such
courts
in
shall hereafter
apply
for
admis-
and
if
certificate,
under their
this
hands and
to practise in
any court of
state
for
qualified.
And
be
it
further enacted
state, or
* Statutes of England
89
tise
as an attorney, unless
year
that he
is
in
any court,
shall in
thereof,
A. B. do swear, that
will
truly
and honestly
demean myself
to the best of
in the practise of
an attorney, according
ability.
my
knowledge and
So help me
God."
And upon
attornies,
taken, such
as well
those
who have
heretofore
obtained
licences,
may
good behaviour.*
1786 as to the
follows
" II.
AND
;
many
Be
it
therefore enacted,
That
it
fhall not
in
to
in this
State
Defendant
any
Suit,
page 210.
t" Laws
90
The
and
provided
that
if
directly or indirectly
fhall
Ofifice
be
or
deemed
in
his
by
case of conviction.
The
lows
:
now
is
as fol-
a justice of the
supreme or judge
and
support
public
state,
to
all
shall
court;
may
act as
attorneys during
is
good behavior."
The
oath prescribed
"
I,
as follows
A.
B.,
will truly
and
honestly
demean myself
*
my
knowledge and
ability;
so
which they
may
be removed from
office,
but recognizes
them.f
* Revised Laws of North Carolina, 1905, Chap.
5,
Sect. 209
Chap.
91
IN
PENNSYLVANIA.
The
was
"
in
first
1722 in
for
An ACT
"
establishing
Courts
of Judicature
in
this
province," as follows:
XXVIII.
And
be
it
further
may
be a competent
sition,
number
in
and learned
the law,
the said
who
shall
:
faithfully in their
practice
And
if
shall suffer
law
in
such cases
by which
Attornies actions
tions,
may be
such actions
and
suits, as
may be
:
Which
so admitted
may
practise in
all
without any
further
And
file
warrant of attorney
in the
court he declares:
file
And
his
if
And
them
the
bill
in
* Laws of Pennsylvania.
By the
act of the
25th
day of September,
1786,
is
92
In
office
was prescribed by
Governor
"
AT
General
Assembly begun
in
at
Philadelphia,
the
Fourteenth
Day
of October,
Reign
Britain,
of
our Sovereign,
Lord
George King of
Great-
&C.
Anno
the
Twenty
fifth
Day
of August
to say.
An ACT
Province
*********
be
it
for the
in this
And
further
a
by the
neys there,
in their
who
shall
;
faithfully
shall take
Practice
Thou
shalt
behave thy
self in
all
good
Thou
And
such
if
Penalties
to
and Suspensions
rules for the
as
its
Attorneys
own
practice
;
at
Law
in
empowered
the
make
government of
13th day of April, 1791, 3d vol., page 96, the Judges of the Courts of therein mentioned are excluded from practising as Counsellors or Attornies.
in
may
and Records
in
all
such Actions
and Suits as
be concerned to prose-
to Time may be drawn and with Names and proper Hands signed. Which said Attor-
Time
neys so admitted,
may
practice
in
all
Licence or Admit-
And
shall
file
Warrant of Attorney
declares,
in
the Prothonotary's
for the
Office the
same Court he
shall
file
if
Defendant
his
he appears and
their
Warrants of Attorney
respectively."
The oath
of office prescribed
in
by
this statute
stantially retained
and " thy," the Quaker form, changed to " you " and " your,"
and
is
now
"
as follows
You do swear
will
behave your-
to the best of
and with
all
good
you
fidelity, as well
will
Laws of Pennsylvania. Edition of 1728, pages 327, 336. t Digest Laws (Pepper and Lewis), page 225.
94
IN
In
ne}'s,
RHODE
ISLAND.
1647 ^^ to Attor-
Rhode
which
It
lawyers.
"
was as follows
it
Be
man may
plead his
own
before
be two
in a
for understanding,
manner of
And
confirmed,
in
shall be authorised,
any
is
aforesaid,
shall
be notoriously
place and
shall
forfeit his
in
Colony.
Ed.
4,
28
4 Hen.
4, 18
The words
"
solemnly engaged
may
not hav^e
New-
any of the
Laws
95
affection
for
according to Law." *
The admission of attorneys to practise in the Courts of Rhode Island was regulated by the Courts until 1798, under the authority given by statute to make such necessary rules
of practice as the Court should from time to time find nec-
In 1822,
how-
Supreme
Judicial
Court provided
"...
power
shall
have
...
make and
establish
all
dis-
The
shall
by general or
special
all
is
upon the
admission of an attorney.
that
The
records of the
* Public Laws of Rhode Island, 1636-1705, page 116 (reprint edited by Sidney S.
Rider, 1896).
i,
27, 1765.
96
In
as the
will
demean myself
and
all
as an
this Court,
State before
whom
may
practise as an Attorney or
I
this State,
and
was
:
which
the form
I,
now used
will
demean myself
all
as
this
court, and of
tice as
may
prac-
will
* Rules of
1837,
I.
R.I.,
IX.
97
IN
SOUTH CAROLINA.
of English statutes were
A
ter
large
number
in
made of
upon
force in
South Carolina
December,
17 12.
to
Among
penalties
others ChapSerjeants
29 of Primer Westminster as
Chapter
18,
admission
The punishment
"
ensued before
by
in
a great
number
(2)
shall
all
the attornies
dis-
cretions their
names put
in
the
roll,
good and
virtuous, and of
good fame,
be received
and
make no
county;
by the discretion
(3)
And
whom
their
or
prejudice
come
to their said
{4)
And
if
any
which
the
is
virtuous
sworn
in
same manner
as afore
said;
(5) and
in
if
any
98
default of record,
court,
or
and never
after
suit in
And
the
Exchequer
In
72
by
as
"
An Act
"
for establishing
:
follows
And whereas
take to
manage and
who
are
no ways qualified
moting
suits:
litigiousness,
it
and
encouraging
vexatious
Be
shall
in
ever
practise or
the cause
of any other
person,
Province, unless he
Supreme Court
.100
Majesty
at
penalty of
he shall so
solicit,
one-half to his
him or them
2,
Public
Laws
of South Carolina (Ed. 1790), page 28. t Public laws of South Carolina (Ed., 1790), page 116.
99
In 1785 an act "to regulate the admission of attornies at
"Whereas,
depended on
a rule of court,
which
for
remedy whereof,
Gen-
Be
it
enacted,
of the
shall
have acquired a
suf-
ficient
him
to
this State,
and
shall
apply for
judges
of the court of
his
common
pleas, praying
to
be
examined touching
his
capacity,
ability
and
to
whom
if
such
good demeanor;
and
to plead
and practise as
in this State.
an attorney,
"II.
And
furt/ier enacted
by the authority
have served a
aforesaid.
shall
lOO
clerkship of four years to
some
practising attorney of
of
common
pleas,
who hath
practised
who
shall
is
willing
common
in
pleas are
afore-
manner
shall
be admitted
in this
and equity
State.
" III.
United
States
Be
hath
it
therefore
enacted
by the
the
United
States
may prefer
his peti-
common
and
moreover produce
to
the
said
court
a certificate
of the
and the
such person
at least
is
an attoryears
two
is
a person
lOI
shall
be admitted to
" IV.
And
be
it
aforesaid,
attorney
and
if
any person
shall
pre-
sume
to act without
tively,
hundred
informer
in
pounds
sterling,
to
recovered
by any
debt,
who
shall sue
for the
same by action of
jurisdiction
:
Provided,
that
this
Act
shall
exclude any
in
person or persons
business depending
in
any of the
put
in his
courts, either to
plead
his
own
case, to
file
his
may
be." *
sworn
cause
as
in
which
he shall
act.
upon
by
or
upon
a degree of the
Law School
sity,
moral
character.
Upon
oath oath
by the Constitution of
duelling, in
roll
all
officers,
and the
respecting
his
name
is
of attorneys
Court,
I02
IN VIRGINIA.
The admission
in
Virginia in
fees
exacted by them,
shall not
the
courts
And
it
is
further
shall
demand
answer and
of tobaccoe
in
or
the
value
any pleading
demand and
or answer and for his ffee of pleading the cause of his cliant
lb,
And
if
any attorney
500
lb.
tobaccoe.
lb.
And
for
such offence
coe,
of tobac-
to the informer,
whether
it
be
may
courts
And
further thought
fitt
that no
103
attorney licensed as aforesaid shall refuse to be entertayned
in
any cause
as aforesaid,
vppon
250
lb.
of tobacco in
in
countie court,
and 1000
of tobaccoe
the quarter
court one
moyety whereof
shall
come
to
such
who
be
made
shall
speciall
such who
In 1645
"
have
^"^^^
letters of
^'^
^^t
passed as follows:
Whereas many
and
their
troublesom
by the
vnskillfullness
coveteousness
of
attorneys,
who have
it
more intended
enacted,
own
profit
Be
therefore
That
all
from
such
office,
as
same year an
act
was passed:
IT is
attorneys,
And
that
it
be further
Laws
VI IL
I04
case either
pit.
or defendant
by
be like to
may
either
open the
fitt
cause
in
man
him
satisfaction requisite,
in private
and not
to allow
causes betwixt
the country." *
The
acting
fact that
no " mercenary
is,
attorneys
Courts,
for
compensation
could
practise
in
in
all
the
apparently produced
difficulty,
and
1656
acts against
such attorneys were repealed and provision was made for the
admission of attorneys by the following act:
"THIS Assembly
and be
it
findeing
many
all
And
be
it
and able
to to
be
do
the like
by nominateing
attornies
the
county courts,
(The oath
is
wanting
in
both MSS.)
arise
And
client
if
any controversies
ffee,
is
it
his
about their
shall
be determined
court
that those
who have
allreadie
been
so
* Laws of Virginia, November, 1647, Act XVI. t Laws of Virginia, December, 1656, Act VL
105
At
and
this
this statute
fact
noted
in
the
printed
for the
oath
in
Whereas
there doth
trouble arise
by
vention thereof be
it
enacted by the
aiitJioritie
of
this present
Grand Assembly
in
that
this
colloney or
for
give
councill
any
or
kind
of reward
whatsoever,
ffive
either
directly
indirectly
thousand
pounds of
because the
tobacco vpon
breakers
breach thereof:
And
discerned
Bee
it
pleading
as
shall
make
oath.
is
the
of Virginia,
CXI I.
io6
question whether there should be " a regulation or
totall
saying:
will
consent
to
this
proposition so farr as
shall
be agreeable to
Magna
Charta."
in
this unsatisfactory
con-
when an
licensing of lawyers
who
by the
"
act, as follows:
all
Whereas
courts
in
in
this
country are
many tymes
by the
hindred
and troubled
impertinent discourses of
will
ignorant
men who
the matter
more
or requested thereunto
to assist,
the person
whome
they pretended
his cause, for pre-
majestie
by
and with
the consent
of the generall
assembly,
and
it is
county court
in this
first
lycensed
by
that shall
presume
to plead
in
obtained
in
and had,
the
I07
generall
court
for
king, his heires and successors, and the other halfe to the
bill
plaint or
shalbe comitted.
And
be
it
ficrtlier
lycensed as
persons,
more same
ing the
to
judgment, then
hundred pounds of
in
to
And
it
is
hereby
declared
and oiacted
for
every cause
fifty
made with
all
the
same.
And be
it
and
it is
any cause
hundred pounds of
to
tobacco
greived
and caske,
ffive
shall
forfeite
and pay
the person
after
legall conviction,
to be recov-
the county court shall pay to the party greived one hunftifty
dred and
by due processe of
law.
io8
this act
man
capable of pleading
in
and managcing
his
any of the
be permitted
may
and allowed
thing
to plead
in this act to
owne
In
was made
pensation.
statutes
appearing
in
comthe
in
until
were revised
April,
in
1718,
the
bill
of costs.
1732
an
act
was passed
requiring
to
be
You
shall
to
any
to
be
done
in the
court; and
give
it
to be
done
you
shall
notice
court that
may
be
reformed
You
shall
delay no
fees:
man You
any unreasonable
procure to be
sued any
ney
in
for ever.
And
to
This oath,
it
be noticed,
is
scribed by the
New Hampshire
109
oath was to be taken instead of the oath of allegiance and
in
the
also
and
acts regulating
for
to
do
so.
for licensing
A.
B.,
do swear that
will truly
myself
best of
in
my
knowledge and
ability.
So
Jielp
me God."
From
this
many
upon admission
"
I,
A.
B.,
will
be
faithful
and true
will well
commonwealth
of Virginia, and
in
that
the office
of an attorney-at-law.
So help me God."
in
The present
provision
Virginia
as
to
admission
of
Supreme
tg Henning,
121.
no
and regulations, and upon such examination, both as
learning
to
and character, as
a
may
Court,
grant
license
in
writing
practise
law
in
the
Courts, and
requires
the
promulgate such
rules
and regulations.
The
statute
in
also
which
his
demean himself
in
the practice of the law, and to the best of his ability execute
his office of attorney-at-law;
and
also,
when he
is
licensed in
*
commonwealth."
Law
Journal, 327
1 1
IN
VERMONT.
in
The March
lows
first
law
in
regard to attorneys
3,
1787, entitled
"An
"BE
it
Vermont,
That
the
to
be
which Attornies
shall,
" You swear by the ever-living God, that you will do no falsehood, nor consent to any to be done, in the Court; and if you know of any to be done in the Court,
'
you shall give knowledge thereof to the Justices or Judges of said Court, that the same may be reformed. You shall not wittingly and willingly, or knowingly, promote, sue, or procure to be sued, any false or unlawYou shall ful suit, or give aid or consent to the same demean yourself in the office of an Attorney within the Court, according to your best learning and discretion, and with all good fidelity, as well to the Court, as to the client. So help you God.'
"
oath, together
with the appointment of any Attorney, shall be registered by the Clerk of the Court wherein he shall
be
his
admitted,
and
shall
be
a
at
sufficient
evidence
of
admission as an Attorney
this State.
"
12
who
shall
be admitted to plead
the
County Courts,
empow-
ered to plead
or licence
"
first
in the
And
in
be
it
That
each county
Attorney,
the
this
one
State's
who
and
shall
prosecute,
manage, and
in
all
plead, in
county wherein
for,
in
he
is
appointed,
State
;
matters proper
behalf
of, this
which
Attorney
shall
Supreme
:
as
County Court,
in
the
county where he
is
appointed
who
shall
from time
before
whom
they plead
shall
misdemeanors, or
fine
And
Be
it
may
be dnly
qualified to practice.
"
no person
Courts
State,
above mentioned,
without such
studied
practice
viously
at least
years with
licenced
the
Attorney of
upon examination by
competent knowl-
113
or
applying for
some University
State,
and
be found
for
that
purpose." *
The form
is
now
prescribed by law.
* Statutes of Vermont, February and March, 1787, page 22. Public Statutes ofVermont (1906), page 1234.
114
IN
OTHER STATES.
homa and Maine, which have adopted substantially the oath of office prescribed in New Hampshire, Connecticut and
Vermont,
all
Union except
oath
New
But
in
Colorado
he
in
has
never
been disbarred
to
or convicted
of felony, and
And
in
Minne'sota
in
he
is
also required to
swear that he
will
behave himself
and
ability, f
is
as follows
To support
the
constitution
;
and laws
ol
the
this state
To
To
maintain
the
respect
;
due
to the courts of
justice
3.
and judicial
officers
him
To employ,
for
causes confided to him, such means only as are con* Constitution of Kentucky, Section 228 t Laws of Minnesota.
;
Constitution of Nevada.
115
sistent with truth,
by an
5.
artifice or false
To
maintain
to
the
confidence,
and
at
every
clients
6.
peril
To
abstain
from
all
offensive
personality, and
to
advance no
honor or reputa-
by the
justice
is
charged
Not
to
Never
to reject for
to
" *
is
" 1st.
will
support the
That
will
That
will
me
legal
and
just;
public offense.
4th.
causes
To employ for the purpose of maintaining the confided to me such means only as are consistent
statements of facts or law.
any
artifice or false
ii6
5th.
That
will
maintain
in\'iolate
the confidence
my
6th.
ality
That
will
abstain from
all
offensive personto
and advance no
fact prejudicial
the honor or
which
am
charged.
That
to
I will
personal
myself,
cause
of the
defenseless
or
oppressed.
So help me God."*
The
as
laws of
also prescribe
oath pre-
scribed
by the oath
office
other states
office
has been
established
and what
now
is
in
statement, however
made, could
show.
in
It also
it
to
set forth
where
it
has
117
in
the
New England
common
embodied
This oath
really
and understood
a
or
pleader
smells of the
common
office
the
common
law should.
No
oath framed
upon the
civil
obliis
gations of the
as understood
under the
law
common
Court
in
law.
to the
Admission
est
Bar should,
State
think, also be
by the high-
the
and
in
open court.
office
Justice of that
and
which
it
ancient
method
in
upon receiving
that degree.
The
office
of an attorney should be
as
made
as impressive
and as
instructive
possible,
to
the
office
and
duties,
end that those who are may understand its powers, and may be thereby made to
know and
to feel
done and
in
am
aware,
is
is
Ii8
in
the
been
the
other
Federal Courts
is
it
is
very
rare,
think,
that
any person
admitted to practice
who
in
lawyer's oath
England, France
now
is.
119
in
England.
to
exist,
and
by
statute as follows
"
may
be) that
I will
demean myself
tor, as
in the practice of
the case
may
my
knowledge and
ability, so
me God."
any oath or
to sign
any
in France.
date
is
expected
Court
to
which he
is
all
the officials of
In
1804,
was pro-
vided that
" Attornies
and barristers
(Les avocats
et
avoues)
I20
in the
future,
before
to utter nor to
pubHsh, as defending
the regulations, to
good
manners (morals),
;
to the
and never
and the
to disregard
the
respect
*
due
to
the
courts
public authorities."
In 1810,
in
it
"The
(ancien
General.
follows
at a public
avocat)
and
the
consent
of
the
Attorney
oath as
The candidate
shall
then offer
an
"'I swear
obedience
to
the
constitutions
of
the
Empire and
publish
tions, to
fidelity to the
Emperor;
neither to utter or
state
good manners (morals), to the stability of the and the public peace and never to disregard the respect due to the courts and the public authorities; not at any time to take or defend a case which, in my heart and conscience, I do not believe to be right.' " f
;
made
March
t
in
* Ibidem,
13,
No.
1'
Laws
of year XII.
(22 Ventose
empire frangaise.
4" s6rie.
No.
14,
Sect. 14,
page 572.
121
now
required. *
in
Germany.
Germany
is
that
offers at a public
oath
"
I
swear by
all-knowing, to per-
So help
me God."
Royaume de
^^
France,
s6rie.
Vol. 15
(Laws
of 1822),
no. 566, pages 513-520; especially 38 (pages 518, 519). Bulletin des Lois de la Republique fran9aise. ic s6rie. Vol. 9 (Laws of 1852), pages 929-930; especially
3 (ps^ge 930).
10, 1870),
TEmpire
fran9aise.
ii'-
s6rie.
Vol. 35
(Law
of
March
t Reichs-Gesetzblatt, 1878.
No.
23.
Law, No.
BIBLIOGRAPHY.
The
following
a partial
is
list
of authorities consulted in
Domo
Capitulari
Westm.
asservat., 295 b
39
52
Acts and
Laws
New.
.
England
England.
America.
42
In
.
New
.
771.
Chap.
XXXVH.,
page 50
71
An
Act for the security of her Majesty's person and government, and of
the succession to the crown of Great Britain in the protestant line,
44
60
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of the States and Provinces of North
Vol. L, Series
2,
H. R.
.
Bell, C.
Amer.
ica.
New
York.
1893.
page 66
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76
Body of
Liberties, of Mass.,
56
Book
of Oaths, The, and the severall forms, both antient and modern.
Editions of 1649 and 1689
........
7,
29
77
Branch
f/
rt/.
70 N.J.
Law
No. 258,
16,
.
Sect.
. .
47.
.
Lois of March
.
.
.
= 25 Ventose, year XL
9,
119
Ibidem, Vol.
No. 356, pages 701-709. Laws of year March 13, 1804), pages 706, 707
XIL
Vol.
du Royaume de France,
"]"
serie.
(Laws of
519).
1822), No. 566, pages 513-520, especially Sect. 38 (pages 518, Bulletin des Lois de la republique franfaise, lo'' sdrie. Vol.
9 (Laws of 1852), pages 929, 930, especially Sect. 3 (page 930;. Bulletin des Lois de I'Empire franfaise, il'^' serie. Vol. 35 (Law of
March
10, 1870),
121
124
14,
4*' serie, Vol. 13 (Laws of 1810), iSio (pages 569-579), Sect. 14,
120
Charlemagne
......
Edition of
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13
II
Laws
of
New
to the Revolution,
Edition of 1894,
78
Published according to a Resolve of the
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State of
North Carolina.
General Assembly.
at law, 1792,
By Francois Xavier
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5,
page 48
Nevada
ments
in
Or the Code of Christian the Fifth, Faithfully transUse of the English Inhabitants of the Danish SettleAmerica. London, 1756, pages 58, 59
: .
25
Digest of the Laws of Georgia, Edition of 1801, page 406 Digest of the Laws of Georgia, Edition of 1802, page 41
Digest of the English Statutes in force in the State of Georgia.
Edition of 1826, page 353
49
........
10
Schley's
48
English Citations
3 6
12
13
Edw.
Edw.
Edw.
I., St. I.
Westm.,
c.
29
8
.
4'
I., St.
Gloucester,
c.
41
41
2, St. I., c. I.
I., St. I.,
Edw.
Westminster
2, c.
41
41
Statute of Carlisle, 15
Edw.
2, st. I.
4 Henry
4, c.
18
41
27
.
20 Henry
7
3, St.
Merton,
14
.
c.
10
41
Richard
2, c.
41
I7> 18, 19
119 119
Large, Vol.
4,
page 654
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Ex
125
PAGE
Fortescue,
De
of Mr.
Seidell.
74
1.
34
Form
..........
lie
68
moyen
competence
et la procedure des tribunaux ecclesiastiques ordinaires en France, de 11 80 a 1328, Paris 1880, page 21, lines 1-6
II.
.
...
.
20
10
43
64
77
General Statutes of
New
2,
pages 2330-2534
or, the
Edward
Foss.
New
Vol. 8 (1893),
....... ...
column 424
.
.
74
39
Common Law
of England, Chap. 6
II., p.
13
Handbook
of London, Peter
Cunningham, Vol.
391.
38
1619-1792.
Vol. 4, page 361
108, 109
. .
.
London,
34
14
History of the French Bar, Ancient and Modern, by Robert Jones, pages
100, 103
3 (1895),
column 49
38 9
8
Hoar
vs.
Wood,
vs.
Hutchinson
Stephens,
at
668
....
II4>
I.,
.
In re
Jewitt,
t^T)
Bevan, 559
.........
of the
"5
8
7
In
re
Introduction
the
Red Book
Exchequer, Part
Office,
Edited by
.
1896
28
126
Labbe, Philippe, and (labriel Crossart, " Sacrorum conciliorum nova et amplissima coUectio editio novissima a patre
.
.
.
Mansi
Paris,
edita.
Florentiae,
1759"
Reproduction
in
fac-simile.
Welter,
1901-
.......
240, 241,
411,
20
I.,
Chap. XIII.,
.
.
45,46
47
XLVIIL,
Sects.
Laws
of Minnesota
...........
I., r
...
.
54
.
62
114
Laws
of
New
pages
69, 70
105, 123
Lawsof New
Laws
of
Jersey
......
page 64
. .
75
New
79. 84
.
Laws
Laws
of the State of North Carolina, 1715-1790, Chap. 14 of Pennsylvania, Edition of 1797, Vol.
I.,
page 185
Laws
....
^^^^
...
. .
89
91
93
102, 103
Laws
LXL
November, 1645,
VIL;
Act
104, 105, 108
.
.
Laws of Laws
of
Virginia,
;
VI.
November, 1647, Act XVI.; December, March, 1657-8, Act CXIL; June, 1680, Act 51
. .
. .
1656,
.
Washington
all
116
Lives of
London.
1712.
Vol.
II.,
34
Mackay
vs.
Ford, 5 H.
&
X., 792
Manning, James.
Servians ad legem.
and
in the
Court of
Common
London.
35-37. 39
.
....
.
.
19 55
Mass. Col. Laws, 1672-1678, Whitmore Edition, pages 34,41, 211, 266
56,
58
15
Matthew of
I.,
Maugham,
on the Law of Attorneys, Solicitors, and 1825, page 6 Agents, with notes and disquisitions. London.
R.
Treatise
40
127
PAGE
Miller, Justice,
6
12, 13
"Oaths:
Origin, Nature, and History," by James Endell Tyler, London, 1835, P^g^ 30 20 Opinion of Chief Justice Shaw in Lewis vs. Sumner, 54 Mass. 271-273 64-66
their
B. D.
66,67
Paxson, C.
J., in
1700-18
93
1896
Boston, 1814.
Chap. 36
56
58-61
89
....
28,
1
90
Laws
of
Rhode
Sidney
Public
S. Rider,
1896)
16
95
98
Public Statutes of Massachusetts, Chap. 159, Sects. 35, 36 Public Statutes of Public Statutes of
Pulling,
New
........
I.,
.... ....
64
72, 73
"3
34.41
Records
in custody of Clerk of
page 404,
95
1789;
Paris,
Tome XH.
No.
18, 19
Reichs-Gesetzblatt, 1878.
waltordnung
...........
23.
entitled
Rechtsan-
XV. (Appendix
D., 2
C), page
26
98
Revised Laws of Massachusetts (1902), Chap. 165, Sect. 42
. . .
64 90
2360
...........
5,
Sect. 209;
Chap. 56,
XXIV.,
Rhode
Sect. 4
Code of Laws of
94
128
I'AGK
64 96
632
96
118
Ruohs
vs.
...
.
at
Large, Vol.
2,
Vol
lOI
5
page 668
Statutes of
Oklahoma, 1903,
Sect. 226
116
116
"3
40
I.
i, c.
London, Lib.
i.,
page 153.
Viner's
19
Virginia
..... ......
327
34,
.
no no no
Washburn,
50, 52, 53
Whitelocke's Memorials
......... ......
2,
56, 57
35-37
56
page 36
INDEX.
Abbreviatio placitorum in
Domo
Capitulari
Westm.
asservat.,
295
b.,
quoted, 39.
for,
38 (note).*
their conception of the lawyer's office, 38-41.
;^;^.
Attorney and
client, 7
as defined by
Lord Whitelocke,
in
36, 37
in
Danish laws of
Christian V., 24, 25; in early colonial statutes, 40; in early English law,
36,
40,41;
in early
Massachusetts, 64-66.
in
to, in
Delaware,
;
44-47; Maryland, 52-54; Massachusetts, 60, 61; New Jersey, 77 North Carolina, 88; Pennsylvania, 93; Rhode Island, 95; South Carolina, 98Conduct regulated Affidavit in Delaware, 47. loi ; Virginia, 102-104.
in
in colonial
Carolina
first complete form English colonies of America, 69; form from " Book of Oaths," 30; Oath and Massachusetts, 58, 59, 60, 61-63; why required? 3.
Oath, earhest
of Massachusetts Bay,
English record
of,
27, 28;
Danish laws of Christian 24, 25; in early Enghsh law, 10, 23, 24, 27, 28; in early French law, Office, as viewed by United States Supreme Court, 5. 16, 20-23.
duties, as prescribed
by Frederic
II., 19;
in
V., 14,
See also
articles,
barrister,
lawyer, serjeant-at-law,
names of
states
and
of countries.
in
Massachusetts,
130
" Body of Liberties " (1641), 56.
"
Capitularies of
21,
Coke,
Sir
Edward, quoted,
10, 11.
Colonial laws on oath and duties of lawyers, 40, 42, 43, 44, 48, 52, 56-60, 70, 71, 74-76, 78, 86-88, 91-93, 94, 97, 98, 102-109.
in,
14.
in, 42,
43.
Delaware:
affidavit
of attorney-at-law, 47;
colonial law
Edward
England
I.
:
and the
apprentices
early
38, 40;
27,
attorney's oath
32, 33
attorney and
court in same,
28;
33,40;
medieval,
24; in modern,
19.
9.
France:
attorneys'
fees
in
medieval,
of, 14, 16,
14,
16,
20-23; barristers in, 119, 120; oath in modern, 119, 120; oaths decreed at councils of Chateau Gontier, 21, 22; and of Rouen, 20; at synods of Langeais, 22, 23; and of Tours, 22;
official
Francis
I.,
18, 19.
Frederic
II.
4, 5.
and oath
in, 121.
in,
48-51.
in, 39,
40.
131
Idaho, attorney's oath
in,
114.
in,
114.
of, 30.
8.
Lawyer and
Lawyers
:
and
client.
10.
Duties
and
responsibilities, in general, 7;
law, 13, 14; in Norman law, 13; similar in Europe in the Middle Ages and in Roman Empire, 19; their place in the modern oath, 116, 117; under ordinance of Francis L, 18, 19; of Philip the Bold, 16, 17. Oath, a condensed code of legal ethics, 9; earliest English record of, 25-28; importance of uniformity of, 9, 116, 117; origin and content of, 9, 10; significance of, 3, 4. Oath and office in American colonies of England,
Colorado, 114; Connecticut, 42, 43; Delaware, 44-47; Denmark, 24, 25; England, 15, 23, 24, 119; France, 14, 15, 19-23, 119, 120;
38-41
Minnesota, 114; Nevada, 114; New Hampshire, 69-71 New Jersey, 72-77; New York, 78-85; North Carolina, 86-90; Oklahoma, 114, 116; Pennsylvania, 91-93; Rhode Island, 94-96; South
Carolina, 97-101
;
102-U0; Washington,
acter
Official char-
and
barrister, serjeant-at-law.
in,
114.
Marlebridge, statute
of, 35.
Maryland: admission of attorneys, 52, 53; their office and oath, 52-55. 54, 55
;
their fees
60;
barristers,
66-68;
first
regulation as to
attorneys, 57;
57, 58;
limitations of,
and
.State:
admission of attorneys, 61, 62, 69; attorney, client and court, 64-66; attorney's oath, 61-63; barristers, 66-68; disl)arment of attorneys, 63.
Matthew
132
" Mercenary attorneys,"
Merton, statute
Miller, Justice,
of,
41.
office, 6.
1
on the lawyer's
in,
14.
in, 114.
New New
in
of, 70,
in
Jersey
75,
76;
admission of attorneys, 77; their oath of allegiance and of office, degree of serjeant-at-law, 75, 76; disbarment of attorneys,
first
76, 77;
reference to attorneys,
74;
New
York:
attorneys' oath
and
as
office,
first
provincial
legislation
to
attorneys,
78;
State
regulation as to
their
admission, 79-84.
North Carolina: English provincial statute in force as to lawyers, 86-88; disbarment and suspension of attorneys, 90; jurisdiction of courts, etc., as to attorneys, 89 their oath, 89, 90; State legislation as to their admission,
;
88-90.
in,
14,
16. 15.
Paris,
Parliament
of,
first
pro-
of,
16.
on duties
to the
of, 12,
Xorman
Conquest, 40.
41
Massachusetts colony.
Red Book of
133
Rhode
Island province: attorneys' oath, 94; first act as to attorneys, 94. admission of attorneys; their oath, 96.
to
State:
law,
Right of parties
common
permitted, 41.
Robert of Winchelsea's
cates
statiila et
and procurators,
23, 24.
Queen
19.
Roman
Rouen, council
St. Paul's,
London, council
;
of,
on oath of advocates,
of,
14, 15.
Serjeant-at-law, 9, 10, 25
degree
in
New
Jersey, 75, 76, and in colonial in early English law, 32, 34; Lord
office
and
duties
of,
35-37;
Shaw, Chief
Solicitor, the
Justice,
on relation of attorney
English, 40.
to court
and
to client,
64-66.
Modern
attorneys
provided
for,
98: English
State
in,
neys-at-law, 99-101
oath of attorney
in,
loi.
114, 116.
Tours, synod
of,
its
importance,
9,
16,
7.
United States Supreme Court, and the decision in the case of ex parte Garland, 4; view of, on office of attorney, 5.
in,
iii, 113;
first
providing for admission of attorneys, 102, 104; and for the licensing of
lawyers, 106-109;
State:
no.
acts as to
"mercenary attorneys,"
office
and duties