Legal advice

“ A legal adviser is not permitted, whether during or after the termination of his employment as such, unless with his client’s express consent, to disclose any communication, oral or documentary, made to him as such legal adviser, by or on behalf of his client, during, in the course of, and for the purpose of his employment, or to disclose any advice given by him to his client during, in the course of, and for the purpose of such employment. ”

“ Wherever, by either the common law or the statute law of a State, a right of action has become fixed and a legal liability incurred, that liability may be enforced and the right of action pursued in any court which has jurisdiction of such matters and can obtain jurisdiction of the parties. ”

“ As is true of many problems in the law, the answer is to be found not in legal learning but in the realities of the record. Though variously expressed in the decisions, the governing principles are clear. ”

“ The grounds upon which they proceed are, that a thing is to be regarded as certain which can be made certain; that evidence can be adduced to apply the contract to its subject; that where there is enough to put those concerned upon inquiry, the means of knowledge and knowledge itself are, in legal effect, the same thing. ”

“ The court's duty is to assist the agency in the performance of its functions and the discharge of its responsibilities, in the absence of a clear and convincing showing that it is proceeding without legal warrant. ”

“ Whatever might be the answer of a moralist to this question, a jurist must search for its legal solution, in those principles of action which are sanctioned by the usages, the national acts, and the general assent, of that portion of the world of which he considers himself as a part, and to whose law the appeal is made. ”

“ Elaborate legal statements which few can understand are attached to a policy which intimidates those who see them, from wishing to incur such unfathomable obligation. A few plain words in plain type would be sufficient for the guidance of the insured and the protection of the company. The uncertainty comes from permitting questions of popular interest to be stated by a member of the legal profession. If the terms of eternal salvation had been drawn up by a lawyer, not a single soul would be saveable, and the judgment day would be involved in everlasting litigation. ”

“ These statements of the duty of the lawyer to the court in the advocacy of causes and in the presentation of his client's case, are taken from the Code of Legal Ethics, which was approved by the American Bar Association. I think that all lawyers and judges will agree that when lawyers live up to them, the danger of injustice from the enthusiasm, skill or eloquence of their advocacy is quite remote. ”

“ Article 29
⁠When acting as legal counsel, a lawyer shall, in accordance with what is agreed upon, provide to the client opinions on relevant legal issues, draft and review legal documents, act as agent to participate in litigation, mediation or arbitration, handle other legal matters he is authorized to handle, and protect the lawful rights and interests of the client. ”

“ Remember that the province of the true lawyer is to keep his client out of trouble, rather than to get him out of trouble. An honest lawyer, of whom, thank Heaven, there are very many, notwithstanding the popular [73] prejudice of those who have suffered from litigation, will always try to steer you clear of litigation and loss.
In conclusion, then, always consult a lawyer in matters affecting your farm or property. The average fees of a lifetime will not exceed fifty dollars, and oftentimes valuable advice will be given free. Select one in whom you have confidence, and stick to him. ”

“ Proper preparation of a client's case demands that he assemble information, sift what he considers to be the relevant from the irrelevant facts, prepare his legal theories and plan his strategy without undue and needless interference. ”

“ And in order that you may thoroughly carry out this principle, procure, if you can, a legal education; because there are a great many flaws in titles, agreements, and the like, the knowledge of which will often enable you to lay hands upon various kinds of property to which at first sight you might appear to have no claim. Should you ever be so circumstanced as to be beyond the control of the law, you will, of course, be able to take whatever you want ”

“ In the first place, obligations are merely one class of duties, namely those which are the correlatives of rights in personam. An obligation is the vinculum juris, or bond of legal necessity, which binds together two or more determinate individuals. ”

“ The act itself, with all the circumstances of the inhabitants before and at the time of its passage, have formed the subject of legal judgments and professional opinions upon which mighty interests have grown up and now repose. ”

“ Legal procedure is a facility of rights, and rights achieved, its purpose is done. A successful litigant does not need the delay and provision of a rehearing. He has more efficient and enduring relief. ”

“ Persons acting professionally in legal formalities, negotiations, or proceedings by the warrant or authority of their clients may be regarded as attorneys-at-law within the meaning of that designation as used in this country; and all such, when they undertake to conduct legal controversies or transactions, profess themselves to be reasonably well acquainted with the law and the rules and practice of the courts, and they are bound to exercise in such proceedings a reasonable degree of care, prudence, diligence, and skill. Authorities everywhere support that proposition ”

“ The law only gave you the right to proceed against him to recover money damages for the legal injury. A court of equity has a preventive remedy. If one threatens to fill up your well you can petition or pray the court to order that he shall refrain until there has been a legal hearing to determine whether he has any right to do so and the court will order him to desist until it has heard the case, and will enforce its order with a fine or penalty should he disobey. ”

“ If they have made up their minds to do a mean thing they do not wish to run the chance of having their lawyer shame them out of it. That is their own business. And it should be! The law presents sufficiently perplexing problems for the lawyer without his seeking trouble in the dubious complexities of his client's morals! Anyhow, that is the regulation way a lawyer looks at it and that is the way to hold one's clients. ”

“ Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: (1) When a statute of the United States confers an unconditional right to intervene; or (2) when the representation of the applicant's interest by existing parties is or may be inadequate and the applicant is or may be bound by a judgment in the action; or (3) when the applicant is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof. ”

“ But this depends upon facts which are not before us and besides involves a question within the competency of the court to decide concerning which therefore there is no basis for granting the writ of prohibition or sanctioning a resort to any other extraordinary legal remedy. ”

“ That the dispute turns upon questions of fact does not withdraw it, as the respondent seems to contend, from judicial cognizance. The legal consequences flow from the facts and it is the province of the courts to ascertain and find the facts in order to determine the legal consequences. ”

“ Lawyers' associations shall include in their annual assessments the performance of legal aid obligations by law firms and lawyers, and shall, in accordance with the relevant regulations, sanction the law firms and lawyers who refuse to perform or delay in performing legal aid obligations. ”

“ Our decision today speaks to the interpretation of a statute, to the requirements of the law, and not to the professional responsibility of the lawyer. Lawyers, like all those who practice a profession, have obligations to their calling which exceed their obligations to the State. Lawyers also have obligations by virtue of their special status as officers of the court. Accepting a court's request to represent the indigent is one of those traditional obligations. ”

“ The easiest accessibility to the courts for the parties, an obligatory stipulation for the gratuitous representation of poor suitors in establishing their claim, an official preliminary investigation, public oral pleadings according to the rules of civil process, the free examination of witnesses, the designation of the amount of indemnity after an open judicial estimation, inquiry into every kind of injury that may have been suffered, and a system of procedure corresponding with these conditions, are obvious points. ”

“ About Retaining a Lawyer.—In all of your business dealings with other people from the very beginning the safest way is to have the advice and help of a corporation lawyer and while he is keeping you safe, whole and harmless from all damage be sure he doesn’t mulct you while he is doing it. ”

“ No counsel shall dare to make a bargain with his client for a part of the property to which he lays claim; [10] and, if he shall do so, he shall have no authority to act in the said office for him or for any other.
219. [Advocates are to be examined and approved by the president and auditors, and entered on the list of advocates; no one without a degree may appear in a court, except the party in his own behalf. Penalties graduated.]
220. [Advocates must use care and diligence in behalf of their clients, and conduct their cases honorably. Penalty: suspension, in the judgment of the court.] ”

“ But where there is a matter which would subject the person in question to a criminal proceeding, in my opinion, a different principle must be applied. We are to see that the officers of the court are proper persons to be trusted by the court with regard to the interests of suitors, and we are to look to the character and position of the persons, and judge of the acts committed by them, upon the same principle as if we were considering whether or not a person is fit to become an attorney. ”

“ The learning and research of counsel have produced no instance in this country in which such an order, made in the exercise of the discretionary power of the court, unrestricted by statute, has been set aside on bill of exceptions or writ of error. ”

“ The price of error may be so heavy as to erect an unfair barrier against the endeavor of an honest litigant to obtain the judgment of a court. In that event, the Constitution intervenes and keeps the courtroom open. ”

“ The rule which places the seal of secrecy upon communications between client and attorney is founded upon the necessity, in the interest and administration of justice, of the aid of persons having knowledge of the law and skilled in its practice, which assistance can only be safely and readily availed of when free from the consequences or the apprehension of disclosure. ”

“ He will be liable if his client’s interests suffer on account of his failure to understand and apply those rules and principles of law that are well established and clearly defined in the elementary books, or which have been declared in adjudged cases that have been duly reported and published a sufficient length of time to have become known to those who exercise reasonable diligence in keeping pace with the literature of the profession. ”

“ We further beg leave to suggest for the consideration of this honorable court that, as counsel careful as well of their own reputation as of the interests of their client in a case of such magnitude as this, so out of the ordinary range of professional experience, where so much responsibility is felt, they submit to the candid consideration of the court that they have a right to ask for themselves such opportunity to discharge their duty as seems to them to be absolutely necessary. ”

“ On condition that you protect my rights, I will protect your rights. How, then, does some party obtain the right to claim the protection of the other? Evidently, by actually protecting the rights of the other.
But if this is so, no party will ever obtain a strictly legal claim to the protection of the other. ”

“ We are not aided by oral arguments, and necessarily rely in an especial way upon petitions, replies, and supporting briefs. Unless these are carefully prepared, contain appropriate references to the record, and present with studied accuracy, brevity, and clearmess whatever is essential to ready and adequate understanding of points requiring our attention, the rights of interested parties may be prejudiced and the court will be impeded in its efforts properly to dispose of the causes which constantly crowd its docket. ”

“ The lawyer will tell you to have your will written and to have it well written; he will tell you that human nature is strongly marked in wills; he will tell you that his profession knows no more complicated and perplexing a document to prepare than a will; he will tell you that wills are frequently destroyed by unauthorized hands; he will tell you that when a provision is made by will which gives less than that which is allowed by law, that that provision will be attacked ”

“ The most they can do is to bring to the discharge of their duties a careful and diligent consideration of the particular case, a knowledge and experience of the general condition and business affairs of mankind, to which all are more or less subject, a sound and enlightened judgment, and honest desire to arrive at truth and justice between the parties. ”