Fifty resolutions of Hoffman concerning Code of Conduct accepted by American Bar Associations as a rate of collection of rules of professional ethics.

                   Hoffman was one of the leading lawyers, with spotless character and professional integrity. For his own conduct, he had made certain rules. The American Bar Associations have accepted those rules as a rate collection of rules of professional ethics. A contemporary of Hoffman said, "He lived like philosopher thinking only of the right and caring for nothing except to do justice, and died without a dollar and without a debt".

Dear readers,

                   Read, analyse and decide the current situations in the Country in light of the fifty resolutions of Hoffman.

                   A gist of his resolutions is given hereunder:-

(1)     I will not permit professional zeal to cross the limits of sobriety and decorum.

(2)     I will espouse no man's cause out of envy, hatred or malice towards his antagonists.

(3)            To the judges when in Court I will every be respectful.

(4)            Should the judges while on bench forget that as an officer of their Court I have rights and treat me even with disrespect, I shall value myself too highly to deal with them in like manner; a firm and temperate remonstrance is all that I will ever allow myself.

(5)            I will always be courteous in all intercourse with my professional brethren.

(6)            To the various officers of the Court I will be studiously respectful and especially regardful of their rights and privileges.

(7)            I will not allow myself to be engaged in a cause to the exclusion of or even in participation with Counsel previously engaged unless at his special request in union with his client's wishes and it must indeed be a strong case of gross neglect or of a fatal inability in Counsel that shall induce me to take the cause to myself.

(8)            If I ever had any connection with a cause, I will never permit myself to be engaged on the side of my former antagonist. Nor shall any change in the formal aspect of the cause induce me to regard it as a ground of exception.

(9)            Any promise or pledge made by me to adverse Counsel I shall strictly adhere to.

(10)       Should my client be disposed to insist on capricious requisitions or frivolous and vexatious defences, they shall be neither enforced nor countenanced by me.

(11)        If after examining a case I am persuaded that my clients claim or defence cannot or ought not to be sustained, I will promptly advice him to abandon it.

In Chicago Law Journal & R. A. 8, it has been reported that one Counsel after hearing his client persuaded him not to file the case. The conversation is given below:

"I have bought a farm ten miles out of town", said the man with the black eye, as he entered a lawyer's office.

"Exactly, exactly. You have bought a farm and you have discovered that one of the line fences takes in four or five feet of your land. You attempted to discuss the matter with the farmer and he resorted to arms".

"Yes".

"Well, don't you worry. You can sue him for assault. Then for battery, then for personal damages. Then we will make up the matter of the fence, and I promise you that even if we do not beat him, we can keep the case in Court for at least 25 years. Meanwhile, he will begin a new suit almost every week. My dear man, you have got what they call a pudding, you can have fun from now on to the day you die of old age".

(12)       I will never plead the statute of limitation when based on mere efflux of time.

(13)       I will never plead of otherwise avail of the bar of infancy against an honest demand. If he possesses the ability to pay and has no other legal or moral defence than that it was contracted by him when a minor, he must seek for other Counsel to sustain him in such a defence.

(14)       My client's conscience and my own are distinct entities and though my vocation may, sometimes justify my maintaining as facts or principles, in doubtful cases, what may be neither one nor the other, I shall ever claim the privilege of solely judging to what extents to go.

(15)       When employed to defend those charged with crimes of deeper dye, and the evidence against them whether legal or moral, be doubtless against them, I shall not hold myself obliged to use my endeavours to arrest or impede the course of justice.

(16)       To my clients I will be faithful. Those who are able to compensate me, must do so, but I shall not close my ears or heart because my client's means are low; they shall receive a due portion of my services given cheerfully.

(17)       Should I not understanding my client's case after due deliberations, I will no longer retain it but advise him to consult others which knowledge may be better than my own.

(18)       The wealthy and powerful shall have not privilege against my client who is not equally well placed.

(19)       When my client's reputation is involved in the controversy, it shall be, if possible, judicially passed on. Such cases do not admit of compromise.

(20)       In all small cases in which I may be engaged I will conscientiously discharge my duty as in those of magnitude, remembering that "small" and "large" are to my client's relative terms, the former being to the poor what the later is to the rich.

(21)       Should I attain an eminent position at the Bar, I shall endeavour to avoid in my relations with my juniors least display of it to their prejudice. To my junior I shall always be kind and encouraging.

(22)       Whatever personal influence I may possess, I shall use it as the most valuable of my possession, and not render it cheap or questionable.

(23)       Should my client desire to compromise or settle a claim or defence. I shall respect his wishes and his real interests. To keep the bal rolling at my client's expense and to my own profit is dishonourable.

(24)       I will not be tempted by any pecuniary advantage or by any appeal to my feeling to purchase, in whole or in part, my client's cause.

(25)       I will not retain my client's fund beyond the prescribed or reasonable period.

(26)       I will not blend my own money with that of my client.

(27)       I will charge for my service what in my best opinion is my due and nothing more. If it be withheld, it will not be referred to arbitration. I will then receive that the client offers or the laws award but then he must never hope to be again my client.

(28)       I will carefully avoid "taking half fees" and regard as dishonourable all under- biddings.

(29)       Having received a retainer for contemplated services, which circumstances have prevented me from rendering, I will refund the same subject to the law of restitution.

(30)       On the completion of case, I shall hand over all the papers to my client after carefully arranging them.

(31)       All opinions for my clients shall be given deliberately and sincerely and not according to their wishes or vanity.

(32)       Should my client agree to compromise his claim or defence, I shall not dwell upon a system of tactics such as use of obscurity, vigilance to the latter and other artifices.

(33)       What is morally wrong cannot be professionally right, however, it may be sanctioned by time or custom.

(34)       Law is a deep science. I shall be open minded and modest in my opinions, and ever willing to be further instructed.

(35)       I will never be voluntarily called as witness in any case, in which I am appointed Counsel. Should my client's cause be prejudiced without my testimony, he must at once dispense with my service as Counsel.

(36)       Every letter of note received by me shall receive a suitable response and in proper time.

(37)       I shall not envy a professional brother who by industry, learning or even by chance becomes eminently successful in the profession.

(38)       Should I happen to rank with my seniors, who impeded my progress, I shall give them no cause to suppose that I remember the part. In their old age my kindness will teach them the loveliness of forgiveness.

(39)       When controversy has been settled against me in all Courts, I shall not endeavour to persuade others that the Courts were prejudiced, or the jury was ignorant, or adverse Counsel was unprofessional.

(40)       Ardour in debate is the soul of eloquency and a charm of oratory. It alarms the adversary and induces him to resort to vexatious means, to lessen its effect, I am resolved to disappoint such adversaries and on no account to imitate their example.

(41)       In reading records of documents to the Court I shall carefully abstain from false or deceptions reading or from uncandid omissions or from all intentional false emphasis and into notions calculated to mislead the Court.

(42)       In examining witnesses I shall not disregard their feelings or extort in their evidence what in moments free from embarrassment, they would not testify.

(43)       I will not enter into any discussion with the opponents regarding the case, except with consent and in the presence of his Counsel.

(44)       I will not take any unfair advantage of the fact of the opponent having no Counsel.

(45)       I shall be respectful without being mean, easy without too much familiarity, gentle without affection and insinuating without any art or design.

(46)       Nothing is more unfriendly to the art of pleading than morbid timidity or bashfulness. What is done under coercion or embarrassment is sure to be ill done. I shall always cherish those opinions.

(47)       I shall address the Court, Juries and Counsel through the medium of logical and just reasoning in words worthy legitimate, well timed and in good taste and avoid loud words and dogmatic assertions.

(48)       Failure of many at the Bar is owning to the fact that their business was not their pleasure. I shall bear in mind that he who abandons any profession will scarcely find another suitable to him. I am, therefore, resolved to cultivate a passion for my profession.

(49)       Avarice is one of the most dangerous and disgusting of vices I am resolved not to receive from anyone a compensation which I have not justly honourably earned.

(50)       I will read the foregoing resolutions twice every year during  my professional life.

Note: These resolutions find place in Hardwicke's Art of Winning Cases, page, 464.

Manzoor Ahmad

Marghuz Balar Khel, District Swabi, N.W.F.P. Pakistan.

Mobile No: 0345-9503142.

 Dated: 5-5-2008.