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Evidence-Privilege-Husband And Wife-Attorney And Client Jan 1936

Evidence-Privilege-Husband And Wife-Attorney And Client

Michigan Law Review

A husband and wife are involved in marital difficulties. Together they consult an attorney in an effort to compromise their dispute, or failing in that, to arrange a property settlement prior to separation or divorce. Such a joint consultation may be for any one of a variety of purposes. In a later action, for divorce or separate maintenance for example, the question arises whether either the attorney or one of the spouses can disclose words spoken by the other spouse in the consultation. For instance, can the attorney or the husband disclose the wife's admission of adultery?


Criminal Law-Misconduct Of Attorneys During Trial-Possible Remedies Jan 1936

Criminal Law-Misconduct Of Attorneys During Trial-Possible Remedies

Michigan Law Review

Petitioner was indicted in a federal district court charged with having conspired with others to utter counterfeit Federal Reserve Bank notes. The case against the accused was weak. The prosecuting attorney in his arguments to the jury and in the examination of witnesses persisted over defendant's objections in making improper suggestions, insinuations and unproved assertions of personal knowledge, all highly unfavorable to defendant's case. The district court sustained objections to some of the questions but the case was submitted to the jury and defendant found guilty. Defendant appealed. Held, the misconduct of the prosecuting attorney being prejudicial to defendant …


Attorney And Client - Duty Of Attorney To Follow Client's Instructions Apr 1935

Attorney And Client - Duty Of Attorney To Follow Client's Instructions

Michigan Law Review

An attorney's duty, where he is specially instructed, is to follow the instructions of his client, except as to matters of detail connected with the conduct of the suit, and he is liable for all losses resulting from his failure to follow such instructions with reasonable promptness and care.


Constitutional Law - Due Process And Equal Protection - Freedom Of Contract Apr 1933

Constitutional Law - Due Process And Equal Protection - Freedom Of Contract

Michigan Law Review

Plaintiff denied the constitutionality of a statute declaring every settlement of a personal injury claim, retainer, or employment contract, made while the person injured is under disability from the effect of the injury, or within thirty days after the date of the injury, voidable at the option of the injured party within six months after the date of the injury. Held, that such a statute is constitutional, being neither a deprivation of property without due process of law nor a denial of the equal protection of the law. Peterson v. Panovitz, (N. D. 1932) 243 N. W. 798.


Torts-Malicious Prosecution-Advice Of Counsel Nov 1932

Torts-Malicious Prosecution-Advice Of Counsel

Michigan Law Review

Defendant, a practicing lawyer, lodged a complaint charging plaintiff with larceny. A criminal warrant was issued; plaintiff was arrested, but the action was dismissed when the complaining witness failed to appear at the trial. Plaintiff then brought this action for malicious prosecution. One of the grounds of defense pleaded was that which is commonly called "advice of counsel," defendant pleading that, in his judgment, the plaintiff was guilty as charged. Held, in Mawhinney v. Morrissey, that, under the facts of this case, the defense fails because the attorney-defendant was not a disinterested party.


Attorney And Client - Disbarment - False Testimony Jan 1932

Attorney And Client - Disbarment - False Testimony

Michigan Law Review

A, an attorney, as a witness for his client in a suit against the latter, testified falsely under oath with knowledge of the fact. In proceedings for disbarment, during which A admitted the falsity of his testimony, held, his conduct warranted suspension from the bar for one year. Green v. State Bar ( Cal. 1931 ) 2 Pac. ( 2d) 340.


Decency At The Bar Dec 1931

Decency At The Bar

Michigan Law Review

One day, during the trial of the notorious Al Capone in the Federal Building in Chicago, immediately after an adjournment, officers stepped up to a man by the name of D'Andrea in the corridor outside the court room and removed from his person a business-like looking gun. The gentleman so unburdened is said to have been Mr. Capone's bodyguard, his attendant inside and outside the court room. After that, Mr. Capone had to get along without that particular guardian, for Judge Wilkerson, before whom the trial was conducted, ordered the henchman confined in jail. After the main case had been …


Fraud-By Third Party-Mistake As To Nature Of Transaction-Rescission As Remedy Feb 1931

Fraud-By Third Party-Mistake As To Nature Of Transaction-Rescission As Remedy

Michigan Law Review

The plaintiff was injured as a result of the alleged negligence of the defendant company. His attorney induced him to sign a general release, representing that it was only a receipt for seven hundred and fifty dollars paid on account by the defendant company. The plaintiff was illiterate and relied upon the fraudulent representations of his attorney. In an action to set aside the release, held, on a motion for judgment on the pleadings, that the complaint stated a cause of action, and that the plaintiff was not negligent in relying upon the representations of his attorney. Affirmed. Pimpinello …


Corporations-What Amounts To Practice Of Law-Solution Of The Difficulty By Agreements Feb 1931

Corporations-What Amounts To Practice Of Law-Solution Of The Difficulty By Agreements

Michigan Law Review

The defendant trust company advertised that it made a specialty of drawing contracts, deeds, mortgages and wills. It also purported to specialize in the drawing of trust agreements and the management of estates. In a statutory contempt proceeding, upon proof of the performance of these functions for compensation, held the defendant was engaged in the practice of law, and guilty of contempt. In re Eastern Idaho Loan and Trust, Co. (Idaho 1930) 288 Pac. 157.


Legal Ethics, Clarence Archibald Lightner Apr 1918

Legal Ethics, Clarence Archibald Lightner

Michigan Law Review

My purpose here is a discussion of (I) the meaning of "ethics" in a professional sense, and (2) the relation to the subject of the "Canons of Ethics" of the American Bar Association. I have before me a valuable booklet1 in which the author opposes, in one chapter, "Ethical Instruction in the Schools" and, in the other chapter, he favors "Moral Instruction in the Schools." In his use of words, "ethical" means theory, a science, while "moral" means habits, an art. He persuasively opposes, therefore, the "ethical" while contending for the "moral."


Inquiry Concerning Justice, Floyd R. Mechem Mar 1916

Inquiry Concerning Justice, Floyd R. Mechem

Michigan Law Review

Justice, said Daniel Webster, "is the greatest interest of man on earth." Alexander Hamilton, in the Federalist, declared "Justice is the end of government. It is the end of civil society. It has ever been, and ever will be, pursued until it be obtained, or until liberty be lost in the pursuit."


Lay Tradition As To The Lawyer, Roscoe Pound Jun 1914

Lay Tradition As To The Lawyer, Roscoe Pound

Michigan Law Review

We all know the lay tradition as to the lawyer. Mike Monaghan rhymes lawyer with trier. He tells us that the Probate Court is instituted to see that "iviry mimber of the bair gits a fair chanct at phwat the dicaysed didn't take wid 'im." In the timeworn anecdote of the epitaph "here lies an honest lawyer" everyone is ready to say, "that's Strange."' Laymen, who, sitting as arbitrators, will insist on technicalities which the law would instantly reject, and in corner-grocery discussions will argue that a contract signed with a lead pencil is void for informality, are quite sure …


Legal Ethics, Charles A. Kent Apr 1908

Legal Ethics, Charles A. Kent

Michigan Law Review

Legal ethics is a branch of general ethics. Some consideration of the latter is necessary to an understanding of the former. It is a fundamental fact that men generally, if not all sane men, distinguish certain courses of conduct as right and wrong; just as they say particular objects are beautiful and others ugly. They feel a duty to do some things and to refrain from others. If savages do not feel distinctly the sense of duty, at least they are indignant at certain conduct in their associates, and approve of other acts, on moral grounds. This sense of duty …


Note And Comment, Henry M. Bates, Harry B. Hutchins, Frank B. Fox, John C. Howell, Clyde A. Dewitt Feb 1908

Note And Comment, Henry M. Bates, Harry B. Hutchins, Frank B. Fox, John C. Howell, Clyde A. Dewitt

Michigan Law Review

The Proposed Code of Legal Ethics for the American Bar Association; The Power of a court of Equity to Order the Exhumation of a Dead Body for Examination in Aid of the Defense of a Civil Action at Law; The Consolidation of Municipal Corporations and the Federal Constitution; The Scalper in Law and in Equity; The Basis of Equitable Jurisdiction in Cases of Fraud;


Note And Comment, Horace L. Wilgus, Thomas V. Williams, Fabian B. Dodds, Hugo Sonnenschein Apr 1907

Note And Comment, Horace L. Wilgus, Thomas V. Williams, Fabian B. Dodds, Hugo Sonnenschein

Michigan Law Review

Wilgus: Payment of Dividends Out of Capital of Corporations and the Nature of Treasury Stock; Wilgus: Duty of a Managing Director of a Corporation to an Individual Shareholder; Williams: Impairing Obligation of Contract with Foreign Corporations; Dodds: May a Legislature Pass an Act Allowing Actual Expenses to Circuit Judges Whose Salaries are Fixed by the State Constitution?; Sonnenschein: What Constitutes a Waiver by Implication of the Privilege of Confidential Communications Between Attorney and Client


The Opportunities And Responsibilites Of American Law Schools, Floyd R. Mechem Mar 1907

The Opportunities And Responsibilites Of American Law Schools, Floyd R. Mechem

Michigan Law Review

With two bodies dealing in general with the subject of legal education, the Section of Legal Education and this Association, meeting annually, and with occasionally a third, the Conference of State Boards of Law Examiners, each endeavoring to present papers and arouse discussion, it is obvious that the number of new questions which anyone may hope to suggest is necessarily, small. Most of the important questions have already been discussed, many of them more than once, and anything which is now presented is likely to smack of the truism or the platitude. The very remarkable increase, however, both in the …


Note And Comment, Harry B. Hutchins, Frank L. Sage, Ralph W. Aigler, T. Harry Slusser, George Gardner Mar 1907

Note And Comment, Harry B. Hutchins, Frank L. Sage, Ralph W. Aigler, T. Harry Slusser, George Gardner

Michigan Law Review

American Bar Association Meeting; Disbarment or Suspension of Attorney; Is the Property Owner Negligent if He Fails to Exercise Reasonable Care to Prevent an Injury to An Infant Trespasser?; Liability of Water companies for Losses by Fire; Evidence in Deportation Proceedings Under the Act of congress of May 5th, 1892; Duty of a Bank to a Surety to Apply Funds of a Principal Debtor to Satisfy a Debt Due the Bank;


Recent Important Decisions, Michigan Law Review Mar 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Agent's Liability When Name of Principal is Undisclosed; Attorney and Client--Admission to Practice--Moral Character; Bailment--Hiring--Conversion; Bankruptcy--Attempted Assignment by Trustee to a Creditor of Fraudulently Acquired Property; Bankruptcy--Fraudulent Conveyance--Vendor's Lien; Banks and Banking--Pass Books--Duty of Depositor; Bills and Notes--Antecedent Debt Constitutes Value; Common Carriers--Special Service; Conflict of Laws--Defense to an Action of Tort; Constitutional law--due Process of Law--Equal Protection of the Laws--Service on State Auditor as Attorney for Corporation; Contracts--Right of Privacy--Breach of Trust; Corporations--Ultra Vires; criminal Procedure--Indictment Must Negative Exception in Statute; Damages--Measure--Medical Attendance--Loss of Business; Damages--Mental Suffering--Failure to Deliver Telegram Promptly; Deeds--Redelivery to the Grantor--Effect as to Title; Easements …


Recent Important Decisions, Michigan Law Review Feb 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--alliams Writ--Collateral Attack; Attorneys--disbarment--Malfeasance in Office; Chattel Mortgages--Liability of Mortgagee for Selling More Property than Enough to Satisfy Debt; Conflict of Laws--Comity--Extraterritorial Effect of Laws; Constitutional Law--due Process of Law--Restraint of Insane Persons--Habeas Corpus; Constitutional Law--Eight-Hour Haw--Public contracts; Contempt--Libel of Court; Contract--Construction--Damages; Corporations--Fraud of Directors--Rights of Stockholders; Criminal Law--Habeas Corpus--Waver of Objections as to the Legality of Trial Court; Criminal Procedure--Bill of Exceptions--Presumption as to Evidence; Deeds--In Consideration of Support--Condition Subsequent--Charge Upon Land; Divorce--Alimony--Payment After Husband's Death; Elections--Conduct of Special Elections--Preparation of Ballots; Evidence--constitutional Law--Privilege--Witness; Evidence--Presumption--Suicide; Garnishment--Interests in Expectancy; Husband and Wife--Conveyance to Avoid Taxation--Trusts; Injunction--Parties--Contempt; Insurance, Fire--"Iron Safe" Clause--Waiver; …


Recent Important Decisions, Michigan Law Review May 1904

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrator--Appointment of, on Disappearance of Person; Agency--collection of Notes--Possession of the Instrument--Apparent Authority; Appeal--Right to Appeal After Satisfaction of Judgment; Attorney and Client--divorce Cases--contingent Fees--Prevention of Reconciliation; Attorneys--disbarment--Attacking Honesty of Judge; Bankruptcy--city Taxes--Priority; Carriers--Death by Wrongful Act--Stipulations Avoiding Liability for Negligence Toward free Passenger--Validity and Effect; Carriers--signed Ticket not the Contract; Constitutional Law--Class Legislation--Use of Flag for Advertising Purposes; Constitutional Law--Jurisdiction of Equity to Try Title to Office--Injunction; Contract--Validity--Conditions Attached to Goods--Purchase by Retail Trader from Wholesale Trader with Notice; corporations--forfeiture of Charter--Mandamus; Corporations--Garnishment of Stockholder for Unpaid Subscription; Criminal Law--Self-Defense; Deeds--Delivery--Testamentary Disposition; Ejectment--Description--Verdict--Judgment; Ejectment--Equitable Title in Plaintiff; Evidence--Admissions--Abandoned Pleadings; …