xt7wwp9t2q46_76 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/mets.xml https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61.dao.xml American Liberty League 37 linear feet archival material English University of Kentucky This digital resource may be freely searched and displayed.  Permission must be received for subsequent distribution in print or electronically.  Physical rights are retained by the owning repository.  Copyright is retained in accordance with U. S. copyright laws.  For information about permissions to reproduce or publish, contact the Special Collections Research Center. Jouett Shouse Collection (American Liberty League Pamphlets), No. 79 "Opinion 148 of the Standing Committee on Professional Ethics and Grievances of the American Bar Association," November, 1935 text No. 79 "Opinion 148 of the Standing Committee on Professional Ethics and Grievances of the American Bar Association," November, 1935 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_79/Am_Lib_Leag_79_001/Am_Lib_Leag_79_001.pdf section false xt7wwp9t2q46_76 xt7wwp9t2q46 Nor is there any fair interpretation of Canon * *
28 which may be said to be offended by this
proposal. gt will be noted that the offer made
in the ad ress is to de end citizens against
threatened infringement of their constitutional  
rights. So far as we are able to anticipate, no
substantial increase of litigation is likely to 8
result from the expressed willingness of these I 4
men to serve in such capacity. All that they
have offered is their experience and skill "if
and when any American citizen, however
humble, is without means to defend his consti- * * *
tutional rights in a court of justice." The
Committee is unable to see anything unethical · _
or improper in such a course. Our view finds _ _
support in In Re Ades, 6 Fed. Supp. 467. Of the S€&I1Cl11'1g C0mm1ttee
This opinion is written with full knowledge on Professional Ethics and
of the controversial questions involved; of the .
· tremendous issues which are now before the Grleveneee efthe Amer'
American people and in which the American ioan Bar Association
Liberty League and the National Lawyers Com-
mittee are vitally interested on one side. It is V
the opinion of the Committee that circumstances *
such as these render it wholesome and beneficial .
that there should be free interchange of views Willie right of oitieene to oreeniee end to
and public expreesion of opinion by those best give exnreeeion eo views Wliieli they enrere
Vereed m the teplee eeeeemed- The ereep bee ai,. upon public questions is Om ofthe lm.
organized and appears on the one side; a similar elienelele rielite Wliieli Amerieene enjoy,
group may well organize and function on the end lewyere enjoy tliet rielit ee eirieene
other side. Such an eventuality 1S more to t in eonnnon with their fellow inen_»·
be desired than feared. So long as the rights mlllie defense of indigent eitieene w.ith‘
of the public are entrusted to those best able ont eoinoeneetien is eerrietl on tlireltelient
to serve them_by reason of their skill, experience the eonntry ln, lefwyere renreeentine leeel
and high motive, the public will be well served. aid eeeietieel not only with the ennrevel,
A nation is at its safest when its most eminent but with the ccmmcndation of- those
citizens are imbued with sufficient patriotism to acquainted with the WOrk·,’
interest themselves in the public welfare, even
at great sacrifice to their private affairs.
Consideration of the public addresses, inter- en,
views and correspondence relating thereto, which r_¤·*  C4,ie
r have been submitted to this Committee, con- ·    
vinces us that the issue raised is one of con- ‘ ¤;  \ ·¤
fiicting theories and philosophies of government  *‘*‘e""’ 
under the federal constitution. fry l_e"
The question presented, with its implications,
involveshproblemshof pioliticiil, social and eco-
nomic c aracter t at ave ong since assumed .
the proportions of national issues, on one side or AMERICAN LIBERTY LEAGUE
the other of which multitudes of patriotic citizens Nafivml H¢¤d¢1u¢Y¢¢YS
have aligned themselves. These issues tran- NATIONAL PRESS BUILDING
scend the range of professional ethics. T WASHINGTON, D_ C_
s ir ek
Document N0. 79
November, 1935

 of two proffers offservice, (a) the piieparation
· · and dissemination rom time to time o opinions
Oplmon 148 ' upon legislation as the same is enacted by the
* Congress or perhaps the legislatures of the
several states with particular reference to the
Organization by tawyere ana expres- constitutionality of such legislation, and (b)
sion of their views on public ones, voluntary defense_of American citizens unable
tions, including the eatiaity of legis- financially to retain counsel when such citizens
tation, is not anetttieat beliewei their ctlonstitugiconal rights to be im-
eri e suc egis 1on.
Offering l0lll>ll0l?/ tc render local P The right of citizens to organize and to give
Services 'w’l$ll0ll$ 0lllr"Q€ lc 0'l$l2€il$ 'wh0 expression to views which they entertain upon
G7`; uitabla to pay for them it not tm- public questions is one of thelunalienable riglliits
et ico. which Americans enjoy, and awyers enjoy t at
° " ' ' thi fellow
A number ci membere ci the American Bar iiiiiii eErtieriielrseoiittelemeiimirtveielesiouiii Ethics
Association have requested the opinion of the and Grievances of the American Bar Aeeooia-
C°mmittee upen the feuewing facts: tion expresses no opinion as to the soundness of
An association has been organized under the the eelielllslerle reached b`Y_hhe Nahlehal Lawyers
title of the American Liberty League. One of the Committee of the American L1berty_ League
adjuncts of that Association consists of a group of that thc National Labor Relations Act 1S uncon-
lawyere known ae the National Lawyers Committee, stitutional, but we do affirm that lawyers thus
presently fiftweisht in number andinclndine prom- associated have the right to express their views
1I1€I1l3 COl1I1SBl fI‘OI1'i V&I'10l1S C1lD1€S 3.11Cl towns in   Way. Voltaire Said, “I   dis-
throughout the United States. Under date of oppuovo of what you Soy but Wm defend to the
October 25 one of these attorneys, in a radio d th · ht it ·’t ,,
address, while describing the work of the Committee Ge your rig O Say 1 ’ . i . .
which had just published uu ouuuou as to the Moreover, in upholding their right to organize
constitutionality of the National Labor Relations and express and prcmnleate their Vlewe We need
Act, made the following statement; not assume that these lawyers are actuated
“If and when any American citizen, however solely by altruistic II10tiVcS. It would be extra-
i humble, is without means to defend his constitu- Ordinary indeed if some of the lawyers in the
tional rishte in a ccnrt _cf inetice, one cr more list do not have some clients whose rights may
of these l3.Wy€I‘S Wlll, W1l5hOUl3 Silly COII1p€I1S8.tiOl1 be adversely affected   the legislation  
ggrgslirr ee¤ree· ieierd are rielrie er the imi- the lgwners ooqhoemh, het their right to {organize
' and ec are t eir views cannot or t a reason
The question propounded is whether or not be denied, and nc ethical principle ie thereby
this statement with its implications offends any V1elated· _ _ _l ,
of the Canons of Ethics of the American Bar fThle_ ?ll§;;l?hl;?§$S}e)2 gveeihgsiiilliieagghipeggaihee
· · o w 10 - - ,
Asiigeaggixiimitteere opinion was Stated by Mn is well that it can be discussed with the dignity
McCracken, Messrs. Sutherland, Martin, Arant, and learrllhg and Srrehglih Whleh eharaererlze
I Ailshie and Mece}, eoneni.i.ing_ The Honor- the publications which have been brought to
able Orie L. Phillips was absent and did not Ohrnraggeilgggi assurance We uphold the right Of
articipate. l . .
p In the view of the Committee, the question elaWYorS_9;h€l cthere whe are m aareerhehli mth
involves more than the mere offer contained in the P0ll0l€S cet forth rh cirhe le§lSlalgl0h ‘i0rh‘
the foregoing excerpt from the address. It Plained ef, tc Orgahge ahh e§rPre?Skr emee litig-
comprises a consideration of the proposed func- Lawyers, farmers ah mee ahleS a l e ehley e
· · f the National La ere Committee right of free speech and a free press_and the
tmnme 0 · · Wy- ’ ‘ bl t a semble and et1t1on the
which, as described in the foregoing address and right Peaooa Y 0 d S f _ P
in a number of pamphlets circulated by the government for ri re_reSSd9 _§rleYiah‘ieS·_ t t
American Liberty League, consists in the main The second question 1V1 es 1 Se in o Wo
2 3

 of two proffers of service, (a) the preparation sub-heads (1) the rendering of services of the
and dissemination from time to time of opinions Committee or of the members thereof without
upon legislation as the same is enacted by the compensation in defense of American citizens
Congress or perhaps the legislature·s of the who believe their constitutional rights to be
several states with particular reference to the imperilled by any legislation, and (2) the publi-
constitutionality of such legislation, and (b) cation of a proffer of such service by radio
voluntary defense of American citizens unable broadcast, the distribution of pamphlets, or
financially to retain counsel when such citizens otherwise.
believe their constitutional rights to be im- As to the Hrst of these questions there would
perilled by such legislation. seem to be no doubt. The defense of indigent
The right of citizens to organize and to give citizens, without compensation, is carried on
expression to views which they entertain upon throughout the country by lawyers representing
public questions is one of the unalienable rights legal aid societies, not only with the approval,
which Americans enjoy, and lawyers enjoy that but with the commendation of those acquainted
right as citizens in common with their fellow with the work. Not infrequently services are
men. The Committee on Professional Ethics rendered out of sympathy or for other philan-
and Grievances of the American Bar Associa- thropic reasons, by individual lawyers who do
tion expresses no opinion as to the soundness of not represent legal aid societies. There is nothing
the conclusions reached by the National Lawyers whatever in the Canons to prevent a lawyer
Committee of the American Liberty League from performing such an act, nor should there
that the National Labor Relations Act is uncon- be. Such work is analogous to that of the
stitutional, but we do aflirm that lawyers thus surgeon who daily operates in the wards of the
associated have the right to express their views hospitals upon patients free of charge—a work
in that way. Voltaire said, "I wholly dis- which is one of the glories of the medical pro-
approve of what you say, but will defend to the fession.
death your right to say it." As to the second question, consideration must
Moreover, in upholding their right to organize be given to the effect upon it of two of the
and express and promulgate their views we need Canons of Ethics of the American Bar Associa-
not assume that these lawyers are actuated tion: Canon 27 provides that there shall be no
solely by altruistic motives. It would be extra- solicitation of business by newspaper advertising
ordinary indeed if some of the lawyers in the or touters or otherwise; Canon 28 provides that
list do not have some clients whose rights may it is unethical to stir up litigation or strife. In
be adversely affected, by the legislation which the opinion of the Committee, this proffer of
the lawyers condemn, but their right to organize service, even when broadcast over the radio, or
and declare their views cannot for that reason tendered through the circulation of printed mat-
be denied, and no ethical principle is thereby ter to the general public, offends neither of
violated. . these Canons. The Canon proscribing the solic-
The subject discussed is one the importance itation of business is aimed at commercializa-
of which can hardly be over-estimated, and it tion of the profession. It announces the principle
is well that it can be discussed with the dignity that the practice of the law is a profession and
and learning and strength which characterize not a trade, and that the effort to obtain clients
the publications which have been brought to by advertising is beneath the dignity of the self-
our attention. respecting lawyer. It has to do, moreover, with
With equal assurance we uphold the right of the effort to obtain remunerative business,-
lawyers and others who are in agreement with the endeavor to increase the lawyer’s practice
the policies set forth in the legislation com- with the end in view of enlarging his income.
plained of, to organize and express themselves. It certainly was never aimed at a situation such
Lawyers, farmers and mechanics alike enjoy the as this, in which a group of lawyers announce
right of free speech and a free press and the that they are willing to devote some of their
right peaceably to assemble and petition the time and energy to the interests of indigent
government for a redress of grievances. citizens whose constitutional rights are believed
The second question divides itself into two to be infringed.
3 4