OKLAHOMA STATE BAR JOURNAL Vol
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OKLAHOMA STATE BAR JOURNAL Vol. 1 APRIL 1930 No. 1 Published Monthly by The State Bar of Oklahoma A Message to the Members of the State Bar: It has been evident for many years that the lawyers of the State of Oklahoma, were in need of some organization publication, but for many reasons, and the small member- ship in the Oklahoma State Bar Association, all the law- yers of the State could not be reached; but since the advent, of the State Bar of Oklahoma, it is now possible to have a publication, though small to start with, that will reach all the lawyers in the state; by means of this publication, we hope that we will be able to keep the Bar acquainted with just what is being done by the State Bar and your Board of Governors; and we wish to invite all constructive criti- cisms and suggestions; we want you all to help us make this an efficient publication. The Editors. STATE BAR JOURNAL Some of them possibly are criminals themselves who have entered the profession to enhance their opportunities to successfully pursue their criminal instincts. Oklahoma State Bar Journal It is from this latter class that an insidious propaganda is being spawned and circulated for the purpose of undermining the efficient and effective working of Printed monthly for The State Bar of Oklahoma by The Alva Review-Courier Publishing Com- pany, Alva, Oklahoma. Application for entrance as Second Class Mail Matter filed the machinery set up under this Act to assist in benefiting the best interests of April 19, 1930 under the Act of August 24, 1912. Subscription—$1.00 Per Year the profession and the people of the state at large. A sample of this false propoganda is the report being circulated in certain sec- Vol. 1 APRIL 1930 No. 1 tions of the State that complaints are being made generally against the members of the bar on trivial and manufactured grounds by disgruntled clients, and by those against whom attorneys have, in the course of their profession, prosecuted THE STATE BAR OF OKLAHOMA 427 Commerce Exchange Bldg. causes; and that the Board of Governors and the various Administrative Boards Oklahoma City, Okla. are encouraging such complaints, and are intending to and, in fact, are about to OFFICERS 1929-1930 disbar hundreds of lawyers in the State, etc., etc. City President—J. R. KEATON-----------------------------------------------------------Oklahoma-- Tulsa This self-governing association has been functioning since last October, quiet- VicePresidents—EDGAR A. de MEULES------------------------------------------- Enid HORACE G. McKEEVER---------------------------------------- ------ --Chickasha- ly but industriously and, we hope, effectively. While numbers of complaints have ALGERMELTON------------------------------------------------- ---------- Alva Treasurer—F. B. H. SPELLMAN-----------------------------------------------------Oklahoma City been lodged against members of the profession, and all have been carefully con- Secretary—A. W. RIGSBY--------------------------------------------------------- sidered and examined, there have been but very few disbarments, and such as BOARD OF GOVERNORS -McAlester there are have not been advertised from the "house tops." There has been no J. R. KEATON________City________Oklahoma J. H. GORDON__________________ w. E. UTTERBACK_______________ --Durant EDGAR A. de MEULES________________Tulsa H. C. POTTERF______-__________ --Ardmore sensationalism; innocent lawyers have been protected against wrongful attacks, HORACE G. McKEEVER_______________Enid -___-______Tulsa ALGER MELTONChickasha------------------ GROVER C. SPILLERS____ and vindicated of false and malicious charges. F. B. H. SPELLMAN___________________Alva CHARLES A. DICKSON____________Okmulgee VERN E. THOMPSON_________________Miami C. GUY CUTLIP________________---- Wewoka Since the passage of this law, members of the profession have been giving SAM MASSINGALE______Cordell serious thought to the great responsibility cast upon them by this Act 'which, in effect, puts lawyers of the state on their honor. Executive Committee Legal Advisory Committee ALGER MELTON------------------Chickasha GEORGE S. RAMSEY_________________-Tulsa As to the charge that this Act is another attempt to interfere with individual W. E. UTTERBACK__________________Durant D. A. RICHARDSON__________Oklahoma City F. B. H. SPELLMAN___________________Alva P. C. SIMONS____--_______-__-----------Enid or professional liberty, may we suggest that, quite to the contrary, it is the taking F. B. H. SPELLMAN-_____Editor-in-Chief away from the profession of outside interference and the placing of the members of the profession on their own honor; in fact, the invoking of the Honor System. While articles are solicited from members of the bench and bar for publication in the State Bar The lawyers of the state are by this Act charged with the responsibility of set- Journal, no responsibility is assumed for the views of the contributors. It is the endeavor of the editors to give both sides of every question without prejudice, reserving the right to take whatever position upon ting their own "house in order." the issue that seems most likely to advance the orderly administration of justice. A self-governing bar act is not an untried experiment. State Bars have been organized under statutory authority in Alabama, California, Idaho, Oklahoma, Nevada, New Mexico and North Dakota; and, a movement is on foot now to con- ANALYSIS OF OPPOSITION TO THE STATE BAR ACT. sider a uniform State Bar Act which may be adopted in the various states of the Union. So far as the Board of Governors of the State Bar have been advised, there is widespread endorsement of the "Self-governing Bar Act," passed by the last Leg- The first conference of representatives of official State Bars will be held in islature, under which the Board is now functioning. Almost unanimous approval Washington, D. C., on May 7th, which is the first day of the American Law Insti- of the Act was expressed by lawyers from various sections of the state in attend- tute Annual Meeting. The meeting is under the auspices of the Conference of Bar ance upon the last meeting of the old voluntary Bar Association, and the first Association Delegates and approved by the American Bar Association. meeting of the new and self-governing Bar Association held at Oklahoma City on the 10th and 11th of January of this year. As is to be expected, there is, of course, opposition to the Act among certain "PRESIDENT'S MESSAGE" members of the bar, and we believe that it is opportune at this time to analyze, As as fairly as possible, this opposition. President of the Oklahoma State Bar, ard of the Oklahoma Bar and, in some way, complaints and rumors of complaints have to bring about a more efficient and satisfac- In the first place it is a well recognized fact that the members of the legal come to me from numerous sources to the ef- tory administration of justice in this State. profession are, by training, probably the most conservative of any vocation or fect that certain provisions of the State Bar profession, and it would not be surprising that certain members of the profession Act and certain rules of professional conduct In my address to the joint meeting of the should honestly and conscientiously be against anything that savors of an ex- adopted by the Board of Governors in pursu- old and new bar associations on February 22, periment or change. Such members of the bar need no regulating themselves, and ance thereof, are being improperly used for 1930, I laid down the following premises: seem to consider the passage of such an act a reflection against themselves and the revengeful purpose of oppressing or dis- their profession. Many of this type are among the best and most ethical mem- crediting certain members of the bar. "Speaking in general terms, the reforms sought to be accomplished by this enact- bers of the bar. ment may be stated as follows: Speaking for all members of said Board, I And then, of course, is that element of the bar, fortunately greatly in the wish to refute these charges and rumors and First: To raise the educational standard both academic and legal, of applicants for minority, who have no conception of the responsibility, either moral or ethical, a to allay any misgivings as to our intentions in admission to practice law in this State, and especially to abolish and terminate lawyer owes to the bench and bar and the citizenship of the state whose personal administering the provisions of said Act. Our for all time the unwarranted and demoral- and property rights are largely entrusted to the keeping of the legal profession. main purposes are to raise the ethical stand- izing custom of admitting on motion (without examination) certain applicants 4 STATE BAR JOURNAL a STATE BAR JOURNAL 5 who possess little or no legal qualifica- As above indicated, the special message I The State Bar has had a committee at work State Bar, nevertheless upheld the act as tions. wish to convey to all members of our new as- for some time drafting a revision of the cor- against every attack. The decision was Second: To purge the Oklahoma Bar of sociation that neither your Board of Gov- poration laws; which are archaic and need- merely an interpretation of powers, and leaves the comparatively few members who have is committed crimes involving moral turpi- ernors nor any administrative committee has lessly prevent incorporation in that state. At the State Bar free from responsibility for the tude, or whose course of conduct has not been in accord with the recognized stan- any desire or disposition to use the disclipin- the recent session the Bar sponsored a suc- conduct of judges, which seems quite desirable, dard of professional ethics. ary measures provided in our rules of profes- cessful measure to permit of submitting a especially in view of the power of impeach- Third: To inspire in all lawyers of this sional conduct to inflict unjust punishment on constitutional amendment, the effect of which ment provided by the constitution, to say State a desire for a higher and better code nothing of the judicial recall law.