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Rules for admission to the bar in the several states and territories of the United States, in force January 1, 1913, together with the Code of ethics adopted by the American Bar Association, annotated to cases in point online

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UNIVERSITY

OF CALIFORNIA

LOS ANGELES



SCHOOL OF LAW
LIBRARY



RULES

lOB

ADMISSION TO THE BAK

IN THE SEVERAL STATES AND

TERRITORIES OF THE

UNITED STATES

IN FORCE JANUARY i, 1913

TOGETHER WITH THE CODE OF ETHICS ADOPTED

BY THE AMERICAN BAR ASSOCIATION

ANNOTATED TO CASES IN POINT



SEVENTH EDITION



St. Paul, Minn.
WEST PUBLISHING CO.







'913



Preface.



In setting forth the rules relating to admission to the bar
of the United States Courts and the Courts of the several
States and Territories, we have given the general require-
ments, rather than the forms prescribed in applying for ex-
amination and admission.

Reference is made in each instance to the publications in
which the rules are set forth in full.

In most states pamphlets containing complete rules, forms
to be used, etc., may be obtained from the clerk of court or
the secretary of the Board of Bar Examiners.

This edition includes valuable information in regard to the
local Reports of each State, and other law books, especially
valuable to the lawyer opening a new ofhce.

(iii)*



S3i95o



Contents.



Recommendations of American Bar Association— Page

Respecting requitenients for admission to the bar xi

Code of Ethics-
Adopted by the American Bar Association xv

United States Courts-
Rules for admission 3

Reports of the Federal Courts 4

Alabama —

Rules for admission 6

Local reports S

Alaska —

Rules for admission 10

Local reports 11

Arizona —

Rules for admission 12

Local reports 14

Arkansas —

Rules for admissi :)n 15

Local reports l(j

California —

Rules for admission 17

Local reports 19

Colorado —

Rules for admission 20

Local reports 22

Connecticut-
Rules for admission 24

Local reports 27

Delaw^are— ■

Rules for admission 2S

Local reports 21J

District of Columbia-
Rules for admission 31

Local reports 32

(V)



VI CONTENTS.

Florida— Page

Rules for admission 34

Local reports o(J

Georgia —

Rules for adniissi ii 37

Local reports 40

Hawaii-
Rules for admission 41

Local reports 42

Idaho-
Rules for admission 43

Local reports 45

Illinois —

Rules for admission 4R

Local reports 49

Indiana —

Rules for admission 50

Local reports 50

Io\B'a —

Rules for admissi oi . . . .' 52

Local reports 54

Kansas^

Rules for admission 55

Local reports 58

Kentucky-
Rules for admission 59

Local reports 60

Louisiana-
Rules for admission 62

Local reports 64

Maine —

Rules for admission 66

Local reports 68

Maryland-
Rules for admission 6!)

Local reports 71

Massachusetts —

Rules for admission 73

Local reports 76



CONTENTS. Vll

Michigan^ Page

Rules for admission "i 8

Local reports 80

Minnesota-
Rules for ndmission 81

Local reports 84

Mississippi —

Rules lor admission 85

Local reports 86

Missouri-
Rules for admission 88

Local reports 91

Montana-
Rules for admission 92

Local reports 93

Nebraska-
Rules for admission 95

Local reports 97

Nevada —

Rules for admission 98

Local reports 99

THexir Hampshire-
Rules for admission 100

Local reports 101

"Sexir Jersey-
Rules for admission 103

Local reports 106

NexT Mezico—

Rules for admission 107

Local reports 109

'Ne\r York —

Rules for admission Ill

Local reports 114

North Carolina-
Rules for admission 116

Local reports 117

North Dakota —

Rules for ad mission 119

Local reports 121



VIU CONTENTS.

Ohio— Page

Rules for admission 1^-

I.ocal reports 125

Oklahoma-
Rules for admission 1-"

Local reports 130

Oregon-
Rules for admission 131

Local reports 133

Pennsylvania —

Rules for admission 134

Local reports 137

Philippine Islands —

Rules for admission 130

Local reports 142

Porto Rico —

Rules for admission 143

Local reports 144

Rhode Island —

Rules for admission 145

Local reports 147

Sonth Carolina. —

Rules for admission 140

Local reports 151

Sonth Dakota —

Rules for admission 1 53

Local reports 155

Tennessee —

Rules for admission lo7

Local reports 158

Texas —

Rules for admission 160

Local reports 162

Utah-
Rules for admission 164

Local reports 165

Vermont —

Rules for admission 166

Local reports 169



CONTENTS. IX

Virginia— Page

Rules for admission 170

Local reports 172

Washington —

Rules for aduiission 174

Local reports 177

■West Virginia —

Rules for admission 17S

Local reports 180

Wisconsin-
Rules for admission 181

Local reports 183

■Wyoming —

Rules for admission 185

Local reports 187

liaw Schools Listed by States 189

Reports and Digests —

Reports and Reporters 199

Digests of Reports 201

The Purpose of a Digest 203

A Key-Number Guide to All the Authorities 208

National Reporter System 213

American Digest System 216

The Science of Brief Making 217

The Hornbook Series 219

The Hornbook Case Series 225

Letters to a Young Law^yer 227

Owen's Lawr Quizzer 228

Black's Law Dictionary 230

Reporter Citations in Text-Books 232



Recommendations

Of the Committee of the American Bar Association
on Standard Rules for Admission to the Bar.



In 1911 the Committee of the American Bar Association
on Standard Rules for Admission to the Bar recommended
the following provisions respecting uniform requirements for
admission to the bar. These recommendations were incorpo-
rated without change in the 1912 report of this committee, and
are here reprinted verbatim.

A. Examinations for admission to the bar should be con-
ducted in each state by a board appointed by the highest ap-
pellate court.

B. A law diploma should not entitle the holder to admis-
sion to the bar without examination by this board.

I. The candidate shall on admission be a citizen of the
United States.

II. He shall also be a citizen of the state in which he is
applying for admission, or prove that it is his intention per-
sonally to maintain an office therein for the practice of the
law.

III. Character credentials on application for admission
shall include the affidavits of three responsible citizens, two of
whom shall be members of the bar, and the affidavits shall set
forth how long a time, when, and under what circumstances
those making the same have known the candidate.

IV. The lawyer on admission shall be designated attorney
and counsellor, and not merely attorney.

(xi)



Xll EECOMMENDATIONS OF AMERICAN BAB ASSOCIATION.

V. Three years' practice in states having substantially
equivalent requirements for admission to the bar shall be suf-
ficient in the case of lawyers from other jurisdictions applying
for admission on groimds of comity.

\T. There is no necessity for the insertion in the rules of
a reciprocal comity provision ; that is, of a proviso prohibiting
the admission of lawyers from other states on grounds of
comity, unless the state from which the lawyer comes extends
similar courtesies to lawyers from the bar of the state in
which the candidate is applying for admission.

VII. Students shall be officially registered at the com-
mencement of their course of preparation for the bar, upon
report of the state board as to fitness. The board's report shall
be based upon its inspection of the candidate's credentials es-
tablishing that he has passed the required academic examina-
tion. The registration shall be with the clerk of the highest
appellate court. A candidate removing from a jurisdiction
having similar standards for registration may have the regis-
tration transferred. Xunc pro tunc registration may be permit-
ted according to the present New York practice, which allows
such registration only when the candidate had the requisite
education at the date as of which he desires to be registered,
and in a case wdiere there has been no laches on his part.

VIII. No candidate shall be registered as a student at law
until he shall have passed the entrance examination to the
collegiate department of the State University of the candi-
date's state or of such college as may be approved by the State
Board of Law Examiners, or an examination equivalent there-
to conducted by authority of the state.

IX. Proof of moral character shall be required as a pre-
requisite to registration.



RECOMMENDATIONS OF AMERICAN BAR ASSOCIATION. Xlll

X. Student candidates for admission to the bar, in order
to be eligible for the examination for admission shall have
studied either in an approved law school or bona fide served
a regular clerkship in the office of a practicing attorney during
the required period of preparation.

XI. X^o student candidate shall be eligible for admission
to the bar until he shall have devoted four years in preparing
for call to the bar, either by the service of a four years' clerk-
ship in an approved law office or three full years in an ap-
proved law school, followed by one year of clerkship in an
approved law office ; provided, however, that the fourth year
may be passed in an approved law school in postgraduate
work, including procedure and practice.

XII. Candidates for admission shall preseftt themselves
prepared for examination in the following subjects: Constitu-
tional law, including the constitutions of the United States

and (the candidate's state), equity, the law of real and

personal property, evidence, decedents' estates, landlord and
tenant, mortgages, contracts, partnership, corporations, crimes,
torts, agency, sales, negotiable instruments, domestic relations,
common law pleading and practice, federal and state practice,
conflict of law, professional ethics, the federal statutes relat-
ing to the judiciary and to bankruptcy, and the development

in (the candidate's state) of the principles of the law,

as exemplified by the decisions of its highest appellate court
and by statutory enactments.

XIII. Names of all candidates for admission should be
published by the board for three days in succession, at least
ten days before the examination, in a newspaper of general
circulation throughout the state, and for four weeks in a law
periodical, should there be one within the state jurisdiction.



XIV RECOMMENDATIONS OF AMERICAN BAR ASSOCIATION.

A similar publication should be made of the names of the can-
didates passed at the examination and at least ten days be-
fore the state board's certificates are issued to the candidates.

XIV. From the examination fees received the members
of the state board shall receive such compensation as the high-
est appellate court of the state may from time to time by order
direct.

XV. The fee for examination for admission shall be ^25,
and for passing up registration credentials in the matter of
general educational qualifications, $5.

XVI. The State Board shall consist of five members of
the bar, no one of whom shall receive student candidates in his
ofiice in preparation for call to the bar, or be connected with
the faculty of governing body of any law school presenting
candidates for admission.



Code of Ethics

Adopted by American Bar Association
Annotated to Cases in Point



1. The Duty of the liawyer to the Conrts.

It is the duty of the lawyer to maintain towards the Courts
a respectful attitude, not for the sake of the temporary incum-
bent of the judicial office, but for the maintenance of its su-
preme importance. Judges, not being wholly free to defend
themselves, are peculiarly entitled to receive the support of the
Bar against unjust criticism and clamor. Whenever there is
proper ground for serious complaint of a judicial officer, it
is the right and duty of the lawyer to submit his grievances
to the proper authorities. In such cases, but not otherwise,
such charges should be encouraged and the person making
them should be protected.

Annot.

Attacking or criticising court as ground for disbarment, see Attor-
ney and Client, Cent. Dig. §§ 59, 60; Dec. Dig. § 4.3.

Attacking or criticising court as constituting contempt, see Con-
tempt, Cent. Dig. §§ 6-10 ; Dec. Dig. § 6.

Suspension or removal of .judge and liability of judge for oflicial
acts, see Judges, Cent. Dig. §§ 42-4.5, 165-180 ; Dec. Dig. S§ 11, 36, 37.

Remarks and conduct of judge on trial of case in general, see
Criminal Law, Cent. Dig. §§ 1520-1535; Dec. Dig. §§ 654-658; Trial.
Cent. Dig. §§ 80-84 ; Dec. Dig. § 29.

2. The Selection of Judges.

It is the duty of the Bar to endeavor to prevent political
considerations from out-weighing judicial fitness in the selec-
tion of Judges. It should protest earnestly and actively
against the appointment or election of those who are unsuita-
ble for the Bench ; and it should strive to have elevated there-

(XV)



XVI CODE OF ETHICS.

to only those willing to forego other employments, whether
of a business, political or other character, which may embar-
rass their free and fair consideration of questions before them
for decision. The aspiration of lawyers for judicial position
should be governed by an impartial estimate of their ability
to add honor to the office and not by a desire for the distinc-
tion the position may bring to themselves.

Annot.

Ap))()intiueut, eligibility, and qualification of judges, see Judges,
Cent. Dig. §§ 1-2.3 : Dec. Dig. §§ 1-5.

3. Attempts to Exert Personal Influence on the Court.

Marked attention and unusual hospitality on the part of
a lawyer to a Judge, uncalled for by the personal relations of
the parties, subject both the Judge and the lawyer to mis-
constructions of motive and should be avoided. A lawyer
should not communicate or argue privately with the Judge as
to the merits of a pending cause, and he deserves rebuke and
denunciation for any device or attempt to gain from a Judge
special personal consideration or favor. A self-respecting in-
dependence in the discharge of professional duty, without de-
nial or diminution of the courtesy and respect due the Judge's
station, is the only proper foundation for cordial personal and
official relations between Bench and Bar.

Aiiuot.

Attempting to influence court as constituting contempt justifying
disbarment of attorney, see Attorney and Client, Cent. Dig. § 60.

4. "When Counsel for an Indigent Prisoner.

A lawyer assigned as counsel for an indigent prisoner ought
not to ask to be excused for any trivial reason, and should al-
ways exert his best efforts in his behalf.

Aiinot.

Assignment as counsel by tbe court, and skill and care required of
attorney, see Attorney and Client, Cent. Dig. §§ 31. 218: Dec. Dig. §
23 ; Criminal Law. Cent. Dig. §§ IoOO-I.jO.j ; Dec. Dig. § G41.



CODE OF ETHICS. XVU

5. The Defense or Prosecution of Those Accused of Crime.

It is the right of the lawyer to undertake the defense of a
person accused of crime, regardless of his personal opinion
as to the guilt of the accused ; other-wise innocent persons, vic-
tims only of suspicious circumstances, might be denied proper
defense. Having undertaken such defense, the lawyer is
bound by all fair and honorable means, to present every de-
fense that the law of the land permits, to the end that no per-
son may be deprived of life or liberty, but by due process of
law.

The primary duty of a lawyer engaged in public prosecution
is not to convict, but to see that justice is done. The sup-
pression of facts or the secreting of witnesses capable of es-
tablishing the innocence of the accused is highly reprehensible.

Annot.

Defense of criminal in general, see Attorney and Client, Cent. Dig.
§§ 31, 218; Dec. Dig. § 23; Criminal Law, Cent. Dig. §§ 1496-1506,
Dec. Dig. § 641.

Misconduct of counsel, ground for new trial, see Criminal Law,
Cent. Dig. §§ 2197-2201 ; Dec. Dig. § 919.

Functions of office and powers and duties of prosecuting attorneys,
see District and Prosecuting Attorneys, Cent. Dig. §§ 1, 34-37 ; Dec.
Dig. §§ 1, 8, 9.

6. Adverse Influences and Conflicting Interests.

It is the duty of a lawyer at the time of retainer to disclose
to the client all the circumstances of his relations to the par-
ties, and any interest in or connection with the controversy,
which might influence the client in the selection of counsel.

It is unprofessional to represent conflicting interests, except
by express consent of all concerned given after a full disclos-
ure of the facts. Within the meaning of this canon, a lawyer
represents conflicting interests when, in behalf of one client,
it is his duty to contend for that which duty to another cli-
ent requires him to oppose.

The obligation to represent the client with undivided fideli-
ty and not to divulge his secrets or confidences forbids also
b



XVIU CODE OF ETHICS.

the subsequent acceptance of retainers or employment from
others in matters adversely affecting any interest of the client
with respect to which confidence has been reposed.

Annot.

Acting for adverse parties in different capacities or receiving coni-
peusation from adverse party, see Attorney and Client, Cent. Dig. §.§
27-30, 208, 229, 307; Dec. Dig. §§ 19-22, 113, 130.

7. Professional Colleagues and Conflicts of Opinion.

A client's proffer of assistance of additional counsel should
not be regarded as evidence of want of confidence, but the
matter should be left to the determination of the client. A
lawyer should decline association as colleague if it is objec-
tionable to the original counsel, but if the lawyer first retain-
ed is relieved, another may come into the case.

When lawyers jointly associated in a cause cannot agree as
to ajiy matter vital to the interest of the client, the conflict of
opinion should be frankly stated to him for his final determi-
nation. His decision should be accepted unless the nature of
the difference makes it impracticable for the lawyer whose
judgment has been overruled to co-operate effectively. In
this event it is his duty to ask the client to relieve him.

Efforts, direct or indirect, in any way to encroach upon the
business of another lawyer, are unworthy of those who should
be brethren at the Bar ; but, nevertheless, it is the right of any
lawyer, without fear or favor, to give proper advice to those
seeking relief against unfaithful or neglectful counsel, gen-
erally after communication with the lawyer of whom the com-
plaint is made.

Annot.

Change and substitution of attorneys, see Attorney and CHeut, Cent.
Dig. §§ 110-131 ; Dec. Dig. §§ 75, 76.

8. Advising Upon tlie Merits of a Client's Cause.

A lawyer should endeavor to obtain full knowledge of his
client's cause before advising thereon, and he is bound to give



CODE OF ETHICS. XIX

a candid opinion of the merits and probable result of pending
or contemplated litigation. The miscarriages to which justice
is subject, by reason of surprises and disappointments in evi-
dence and witnesses, and through jnistakes of juries and er-
rors of Courts, even though only occasional, admonish law-
yers to beware of bold and confident assurances to clients, es-
pecially where the employment may depend upon such assur-
ance. Whenever the controversy will admit of fair adjust-
ment, the client should be advised to avoid or to end the liti-
gation.

Auiiot.

Negligence of attorney in advising client, see Attorney and Client.
Cent Dig. §§ 221, 222 ; Dec. Dig. § 109.

9. Negotiations 'With Opposite Party.

A lawyer should not in any way communicate upon the sub-
ject of controversy with a party represented by counsel; much
less should he undertake to negotiate or compromise the mat-
ter with him, but should deal only with his counsel. It is in-
cumbent upon the lawyer most particularly to avoid every-
thing that may tend to mislead a party not represented bv
counsel, and he should not undertake to advise him as to
the law.

Annot.

Duties and liabilities of attorney to adverse parties and third per-
sons, see Attorney and Client, Cent. Dig. §§ 38, 39, 61 ; Dec. Dig. §§
26, 38.

10. Acquiring Interest in Litigation.

The lawyer should not purchase any interest in the subject-
matter of the litigation which he is conducting.

Annot.

Right of attorney to purchase demands for suit, and effect thereof
as ground for disbarment, see Attorney and Client, Cent. Dig. §§ 26,
ni, 239-263 ; Dec. Dig. §§ 18, 38. 122-12.-..

Chanipertons agreements, see Champerty and Maintenance, Cent.
Dig. §§ 36-44, 47-51 ; Dec. Dig. § .5 (6, 8).



XX CODE OF ETHICS.

11. Dealing With Trust Property.

Money of the client or other trust property coming into the
possession of the lawyer should be reported promptly, and
except with the client's knowledge and consent should not be
commingled with his private property or be used by him.

Annot.

Authority of attorney as to disposition of client's money or other
property, see Attorney and Client. Cent. Dig. § 143 : Dec. Dig. § 80.

Accounting and payment to client, see Attorney and Client, Cent.
Dig. §§ 232-238 ; Dec. Dig. §§ 116-121.

12. Fixing the Amount of the Fee.

In fixing fees, lawyers should avoid charges which overes-
timate their advice and services, as well as those which un-
dervalue them. A client's ability to pay cannot justify a
charge in excess of the value of the service, though his pover-
ty may require a less charge, or even none at all. The rea-
sonable requests of brother lawyers, and of their widows and
orphans without ample means, should receive special and kind-
ly consideration.

In determining the amount of the fee, it is proper to con-
sider: (1) the time and labor required, the novelty and dif-
ficulty of the questions involved and the skill requisite proper-
ly to conduct the cause ; (2) whether the acceptance of em-
ployment in the particular case will preclude the lawyer's ap-
pearance for others in cases likely to arise out of the trans-
action, and in which there is a reasonable expectation that
otherwise he would be employed, or will involve the loss of
other business while employed in the particular case or antago-
nisms with other clients; (3) the customary charges of the
Bar for similar services; (4) the amount involved in the con-
troversy and the benefits resulting to the client from the serv-
ices ; (5) the contingency or the certainty of the compensa-
tion ; and (6) the character of the employment, whether casual
or for an established and constant client. No one of these



CODE OF ETHICS. XXI

considerations in itself is controlling. They are mere guides
in ascertaining the real value of the service.

In fixing fees it should never be forgotten that the profes-
sion is a branch of the administration of justice and not a mere
money-getting trade.

Annot.

Right of attoruey to compensation, contracts therefor and value and
amount thereof, see Attorney and Client, Cent. Dig. §§ 292-350; Dec.
Dig. §§ 130-145, 151, 152, 154, 155.

13. Contingent Fees.

Contingent fees, where sanctioned by law, should be under
the supervision of the Court, in order that clients may be pro-
tected from unjust charges.

Aunot.

Validity and effect of agreement for contingent fee, see Attorney
and Client, Cent Dig. §§ 351-357 ; Dec. Dig. §§ 14&-150.

Agreement for contingent fee as constituting champerty, see Cham-
perty and Maintenance, Cent. Dig. §§ 22-51 ; Dec. Dig. § 5.

14. Sning a Client for a Fee.

Controversies with clients concerning compensation are to
be avoided by the lawyer so far as shall be compatible with
his self-respect and with his right to receive reasonable rec-
ompense for his services ; and lawsuits with clients should be
resorted to only to prevent injustice, imposition or fraud.

Aunot.

Right of action for fees, defenses and practice, see Attoruey and
Client, Cent. Dig. §§ 358-377 ; Dec. Dig. §§ 157-169.

15. Hoxir Far a Laivyer May Go in Supporting a Client's Cause.

Nothing operates more certainly to create or to foster popu-
lar prejudice against lawyers as a class, and to deprive the pro-
fession of that full measure of public esteem and confidence
which belongs to the proper discharge of its duties than does
the false claim, often set up by the tmscrupulous in defense
of questionable transactions, that it is the duty of the law-
yer to do whatever may enable him to succeed in winning his
client's cause.



XXU CODE OF ETHICS.

It is improper for a lawyer to assert in argument his person-
al belief in his client's innocence or in the justice of his cause.

The lawyer owes "entire devotion to the interest of the cli-
ent, warm zeal in the maintenance and defense of his rights


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