American Law and Procedure, Nide 11James Parker Hall, James De Witt Andrews La Salle Extension University, 1910 |
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Muita painoksia - Näytä kaikki
Yleiset termit ja lausekkeet
accused admissible admitted alleged allowed answer bill breach called cause of action client code pleading common law competent confession and avoidance counsel course of business court criminal cross-examination damages death debt deceased declarations against interest deed defects in form defendant defendant's demurrer dence deny dilatory dispute document duty dying declarations ejectment entries equity examination execution facie facts favor fendant forms of action fraud give given guilty held inadmissible introduced issue judge judgment jurisdiction jury land lawyer lease matters ment necessary negligence ness non est factum notice opinion Oral declarations original parol evidence rule party personal injury plaintiff plea pleaded in confession possession proceedings promise prove question reason records recover replevin replication secondary evidence SECTION service of process statement statute of limitations subpoena suit Suppose testator testify theory tion Tom Fischer traverse trespass trial true truth unless verdict witness writing
Suositut otteet
Sivu 388 - WITH OPPOSITE PARTY A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel. 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.
Sivu 395 - The most worthy and effective advertisement possible, even for a young lawyer, and especially with his brother lawyers, is the establishment of a well-merited reputation for professional capacity and fidelity to trust. This cannot be forced, but must be the outcome of character and conduct.
Sivu 384 - No code or set of rules can be framed, which will particularize all the duties of the lawyer in the varying phases of litigation or in all the relations of professional life. The following canons of ethics are adopted by the American Bar Association as a general guide, yet the enumeration of particular duties should not be construed as a denial of the existence of others equally imperative, though not specifically mentioned.
Sivu 390 - The office of attorney does not permit, much less does it demand of him for any client, violation of law or any manner of fraud or chicane. He must obey his own conscience and not that of his client.
Sivu 397 - The lawyer must decline to conduct a civil cause or to make a defense when convinced that it is intended merely to harass or to injure the opposite party or to work oppression or wrong.
Sivu 390 - In the judicial forum the client is entitled to the benefit of any and every remedy and defense that is authorized by the law of the land, and he may expect his lawyer to assert every such remedy or defense. But it is...
Sivu 391 - ... allowed to influence counsel in their conduct and demeanor toward each other or toward suitors in the case. All personalities between counsel should be scrupulously avoided. In the trial of a cause it is Indecent to allude to the personal history or the personal peculiarities and idiosyncrasies of counsel on the other side. Personal colloquies between counsel which cause delay and promote unseemly wrangling should also be carefully avoided.
Sivu 389 - Contingent fees where sanctioned by law should be under the supervision of the Court in order that clients may be protected from unjust charges.
Sivu 387 - 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.
Sivu 383 - In America, where the stability of Courts and of all departments of government rests upon the approval of the people, it is peculiarly essential that the system for establishing and dispensing Justice be developed to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality of its administration.