Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />
Lawyering in the Progressive Era<br />
Part I: The Not-so-Progressive Bar?<br />
America in the Progressive Era<br />
Assembly lines and automobiles<br />
Teddy Roosevelt<br />
Woodrow Wilson<br />
The “Roaring Twenties”<br />
Immigration surges<br />
Communities change<br />
The US becomes a world power<br />
The Spanish-American War, 1898<br />
Marines in China, 1900<br />
The White Fleet, 1907<br />
America enters World War I, 1917<br />
US troops in Russia, 1918<br />
A reform era<br />
Economic reform<br />
Political reform<br />
Moral reform<br />
Progressive Era lawyering<br />
1900 		108,000<br />1910 		115,000<br />1920 		123,000<br />1930 		161,000<br />More lawyers<br />
Profession vs. business<br />
	The menace in our so-called prosperity of today is that the men among us who become powers - financial, political, social...
	[M]any a lawyer has sunk his individualism under his retainer. Less frequently we hear of the lawyer who says to his clie...
Big firms grow bigger<br />
Largest New York firms, 1920<br />
Largest New York firms, 1930<br />
More immigrant lawyers<br />
A national legal ethics code<br />
Roosevelt on legal ethics, 1905<br />
	We all know that as things actually are, many of the most influential and most remunerated members of the bar in every ce...
The ABA Canons of Ethics<br />
	In America, where the stability of courts and of all departments of government rests upon the approval of the people, it ...
	In fixing fees, lawyers should avoid charges which overestimate their advice and services, as well as those which underva...
	Contingent fees, where sanctioned by law, should be under the supervision of the court, in order that clients may be prot...
	The most worthy and effective advertisement possible, even for a young lawyer, and especially with his brother lawyers, i...
	…It is equally unprofessional to procure business by indirection through touters of any kind, whether allied real estate ...
	It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relat...
	 …or to pay or reward, directly or indirectly, those who bring or influence the bringing of such cases to his office, or ...
	No client, corporate or individual, however powerful, nor any cause, civil or political, however important, is entitled t...
	Correspondingly, he advances the honor of his profession and the best interests of his client when he renders service or ...
Progressive lawyers<br />
Arthur von Briesen<br />
Arthur von Briesen<br />
Arthur von Briesen<br />
Legal Aid in New York<br />
Legal Aid in New York<br />
Legal Aid in New York<br />
Support for Legal Aid<br />
Louis Brandeis<br />
	Instead of holding a position of independence, between the wealthy and the people, prepared to curb the excesses of eithe...
The Brandeis brief<br />
Crystal Eastman<br />
The Pittsburgh Survey<br />
New bar associations<br />
National Association of Women Lawyers<br />
Negro Bar Association<br />
The ABA and the Brandeis nomination<br />
Moorfield Storey<br />
Justice Brandeis<br />
Lawyers at war<br />
Victims<br />
A replacement<br />
Dissenters<br />
The Red Scare<br />
Victims<br />
The Palmer Raids<br />
Bombings<br />
Deportations<br />
Sacco and Vanzetti<br />
Lawyers abroad: “The Yankeeficatian of Earth” <br />
Americans in Paris<br />
Foreign legal advisors<br />
Lawyers and foreign policy:The imperial bar?<br />
Sanford Dole<br />
William Howard Taft<br />
Beekman Winthrop<br />
Elihu Root<br />
Colonial lawyering<br />
Ernest Lee Conant<br />
American lawyers in the Philippines<br />
China hands<br />
The United States Court in China<br />
Lawyering in the Progressive Era<br />
Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />
LH 18 | Progressive Lawyering I
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LH 18 | Progressive Lawyering I

  1. 1. Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />
  2. 2. Lawyering in the Progressive Era<br />
  3. 3. Part I: The Not-so-Progressive Bar?<br />
  4. 4. America in the Progressive Era<br />
  5. 5. Assembly lines and automobiles<br />
  6. 6. Teddy Roosevelt<br />
  7. 7. Woodrow Wilson<br />
  8. 8. The “Roaring Twenties”<br />
  9. 9. Immigration surges<br />
  10. 10. Communities change<br />
  11. 11. The US becomes a world power<br />
  12. 12. The Spanish-American War, 1898<br />
  13. 13. Marines in China, 1900<br />
  14. 14. The White Fleet, 1907<br />
  15. 15. America enters World War I, 1917<br />
  16. 16. US troops in Russia, 1918<br />
  17. 17. A reform era<br />
  18. 18. Economic reform<br />
  19. 19. Political reform<br />
  20. 20. Moral reform<br />
  21. 21. Progressive Era lawyering<br />
  22. 22. 1900 108,000<br />1910 115,000<br />1920 123,000<br />1930 161,000<br />More lawyers<br />
  23. 23. Profession vs. business<br />
  24. 24. The menace in our so-called prosperity of today is that the men among us who become powers - financial, political, social - abuse their power. Conditions in the business and financial world are not wholesome. Let us look a bit deeper. The trouble is not with matters in the abstract, it is not with theories, it is not with forms. The trouble is concrete. The evils of the past are our fault. The wrong is personal. We are not honest...<br />Dill reinvented?<br />
  25. 25. [M]any a lawyer has sunk his individualism under his retainer. Less frequently we hear of the lawyer who says to his client, "That may be legal but it is wrong and I will not approve of it or aid you in the doing of it." The lawyer too often advises his client, his corporation and the directors of how far they may go without subjecting themselves to a civil or criminal liability....Too many lawyers are forgetting today the high standard set for them in the doctrine that the attorney is the keeper of his client's conscience. And these lawyers are prosperous, some of them are the leaders of the bar and as such they are admired by the most of us. <br />Dill reinvented?<br />
  26. 26. Big firms grow bigger<br />
  27. 27. Largest New York firms, 1920<br />
  28. 28. Largest New York firms, 1930<br />
  29. 29. More immigrant lawyers<br />
  30. 30. A national legal ethics code<br />
  31. 31. Roosevelt on legal ethics, 1905<br />
  32. 32. We all know that as things actually are, many of the most influential and most remunerated members of the bar in every center of wealth make it their special task to work out bold and ingenious schemes by which their very wealthy clients, individual or corporate, can evade the laws which are made to regulate in the interest of the public the use of great wealth....<br />Roosevelt on legal ethics, 1905<br />
  33. 33. The ABA Canons of Ethics<br />
  34. 34. 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. The future of the republic, to a great extent, depends upon our maintenance of justice pure and unsullied. It cannot be so maintained unless the conduct and the motives of the members of our profession are such as to merit the approval of all just men.<br />The Preamble<br />
  35. 35. In fixing fees, lawyers should avoid charges which overestimate their advice and services, as well as those which undervalue them. A client's ability to pay cannot justify a charge in excess of the value of the service, though his poverty may require a less charge, or even none at all. The reasonable requests of brother lawyers, and of their widows and orphans without ample means, should receive special and kindly consideration<br />Canon 12<br />
  36. 36. Contingent fees, where sanctioned by law, should be under the supervision of the court, in order that clients may be protected from unjust charges.<br />Canon 13<br />
  37. 37. 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. The publication or circulation of ordinary simple business cards, being a matter of personal taste or local custom, and sometimes of convenience, is not per se improper. But solicitation of business by circulars or advertisements, or by personal communications or interviews, not warranted by personal relations, is unprofessional… <br />Canon 27<br />
  38. 38. …It is equally unprofessional to procure business by indirection through touters of any kind, whether allied real estate firms or trust companies advertising to secure the drawing of deeds or wills or offering retainers in exchange for executorships or trusteeships to be influenced by the lawyer. Indirect advertisement for business by furnishing or inspiring newspaper comments concerning causes in which the lawyer has been or is engaged, or concerning the manner of their conduct, the magnitude of the interests involved, the importance of the lawyer's positions, and all other like self-laudation, defy the traditions and lower the tone of our high calling, and are intolerable.<br />Canon 27<br />
  39. 39. It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relationship or trust make it his duty to do so. Stirring up strife and litigation is not only unprofessional, but it is indictable at common law. It is disreputable to hunt up defects in titles or other causes of action and inform thereof in order to be employed to bring suit, or to breed litigation by seeking out those with claims for personal injuries or those having any other grounds of action in order to secure them as clients, or to employ agents or runners for like purposes…<br />Canon 28<br />
  40. 40. …or to pay or reward, directly or indirectly, those who bring or influence the bringing of such cases to his office, or to remunerate policemen, court or prison officials, physicians, hospital attaches or others who may succeed, under the guise of giving disinterested friendly advice, in influencing the criminal, the sick and the injured, the ignorant or others, to seek his professional services. A duty to the public and to the profession devolves upon every member of the Bar, having knowledge of such practices upon the part of any practitioner, immediately to inform thereof to the end that the offender may be disbarred.<br />Canon 28<br />
  41. 41. No client, corporate or individual, however powerful, nor any cause, civil or political, however important, is entitled to receive, nor should any lawyer render, any service or advice involving disloyalty to the law whose ministers we are, or disrespect of the judicial office, which we are bound to uphold, or corruption of any person or persons exercising a public office or private trust, or deception or betrayal of the public. When rendering any such improper service or advice, the lawyer invites and merits stern and just condemnation...<br />Canon 32<br />
  42. 42. Correspondingly, he advances the honor of his profession and the best interests of his client when he renders service or gives advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law… But above all a lawyer will find his highest honor in a deserved reputation for fidelity to private trust and to public duty, as an honest man and as a patriotic and loyal citizen.<br />Canon 32<br />
  43. 43. Progressive lawyers<br />
  44. 44. Arthur von Briesen<br />
  45. 45. Arthur von Briesen<br />
  46. 46. Arthur von Briesen<br />
  47. 47. Legal Aid in New York<br />
  48. 48. Legal Aid in New York<br />
  49. 49. Legal Aid in New York<br />
  50. 50. Support for Legal Aid<br />
  51. 51. Louis Brandeis<br />
  52. 52. Instead of holding a position of independence, between the wealthy and the people, prepared to curb the excesses of either, able lawyers have, to a large extent, allowed themselves to become adjuncts of great corporations and have neglected the obligation to use their powers for the protection of the people. We hear much of the 'corporation lawyer,' and far too little of the 'people's lawyer.' The great opportunity of the American Bar is and will be to stand again as it did in the past, ready to protect also the interests of the people.<br />The People’s Lawyer<br />
  53. 53. The Brandeis brief<br />
  54. 54. Crystal Eastman<br />
  55. 55. The Pittsburgh Survey<br />
  56. 56.
  57. 57. New bar associations<br />
  58. 58. National Association of Women Lawyers<br />
  59. 59. Negro Bar Association<br />
  60. 60. The ABA and the Brandeis nomination<br />
  61. 61. Moorfield Storey<br />
  62. 62. Justice Brandeis<br />
  63. 63. Lawyers at war<br />
  64. 64. Victims<br />
  65. 65. A replacement<br />
  66. 66. Dissenters<br />
  67. 67. The Red Scare<br />
  68. 68. Victims<br />
  69. 69. The Palmer Raids<br />
  70. 70. Bombings<br />
  71. 71. Deportations<br />
  72. 72. Sacco and Vanzetti<br />
  73. 73. Lawyers abroad: “The Yankeeficatian of Earth” <br />
  74. 74. Americans in Paris<br />
  75. 75. Foreign legal advisors<br />
  76. 76. Lawyers and foreign policy:The imperial bar?<br />
  77. 77. Sanford Dole<br />
  78. 78. William Howard Taft<br />
  79. 79. Beekman Winthrop<br />
  80. 80. Elihu Root<br />
  81. 81. Colonial lawyering<br />
  82. 82. Ernest Lee Conant<br />
  83. 83. American lawyers in the Philippines<br />
  84. 84. China hands<br />
  85. 85. The United States Court in China<br />
  86. 86. Lawyering in the Progressive Era<br />
  87. 87. Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />

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