70 The Alabama Lawyer 291 (2009). Professionalism in Alabama: A Look at Our Past and Present in Planning Our Future.

• Author: BY JUSTICE HUGH MADDOX

The Alabama Lawyer

2009.

70 The Alabama Lawyer 291 (2009).

Professionalism in Alabama: A Look at Our Past and Present in Planning Our Future

Professionalism in Alabama: A Look at Our Past and Present in Planning Our FutureBY JUSTICE HUGH MADDOXProfessionalism of lawyers in Alabama has been required for many, many years. In fact, it was required by law when Alabama was part of the Mississippi Territory, when Alabama became a state and when, in 1887, the recently-formed Alabama State Bar adopted the first Code of Ethics for lawyers that became the model for the Code of Ethics adopted by the American Bar Association and other state bar associations. That was in the past.

Today, when the Alabama State Bar, the Chief Justice's Commission on Professionalism and the American Inns of Court Foundation are actively pursuing initiatives that promote professionalism among Alabama lawyers and judges, there is a renewed interest in the image that the bench and bar portrays, and Alabama's efforts to improve the professionalism of lawyers and judges could rank Alabama, as it did in 1887, as a leader in the nation for encouraging professionalism of the bench and bar.

The history of professionalism of lawyers in Alabama and the regulation of lawyer conduct is recorded in ancient Alabama law books. In 1802, before Alabama became a state, and not too many years after the people had ratified the Constitution of the United States, the territorial legislature provided that "[n]o person hereafter shall be permitted to practice as counsel or attorney at law, in any of the courts of this territory, without previously presenting to the court a license from the Governor of this territory, for the time being: and in the presence of such court shall take an oath to support the constitution of the United States; and also the following oath of office - I, A.B., do solemnly swear, (or affirm) that I will honestly demean myself in the practice as counsel or attorney, and will in all respects, execute my office according to the best of my knowledge and abilities."' Toulmin's Digest of the Laws of Alabama, Title 3, Chapter 1, Section 1, p. 22. (Emphasis added.) The oath required to be taken at that time, especially as it relates to the conduct of attorneys and their legal skills, is strikingly similar to the oath that every Alabama lawyer has taken since 1907, that reads as follows:

"I do solemnly swear (or affirm) that I will demean myself as an attorney, according to the best of my learning and ability, and with all good fidelity, as well to the court as to the client; that I will use no falsehood or delay any person's cause for lucre or malice and that I will support the Constitution of the State of Alabama and of the United States, so long as I continue a citizen thereof, so help me God." (Emphasis added.) Ala. Code§ 34-3-15.

In 1819, when Alabama became a state, the Alabama legislature, by Act passed on December 16, 1819, which stated that "no person shall be permitted by any court to practice therein as counselor or attorney at law, unless he shall have obtained a license from the supreme court of this state, and it shall be the duty of the said court, when application shall be made by any person for a license as aforesaid, on his producing satisfactory evidence that he sustains a good moral character, to examine, or cause to be examined in open court the person so applying; and if after such examination, it be the opinion of said court that he is duly qualified, it shall be the duty of the judges thereof to grant a license under their hands and seals, which shall be attested by the clerk of said court." The law further provided "[t]hat every counselor or attorney, before he be permitted to practice, shall take the following oath or affirmation, to wit: 'I _____, do solemnly swear, that I will honestly demean myself in the practice as a counselor or attorney at law; and will execute my said office according to the best of my skill and abilities.'" Title 8, Chapter 4, sections 1 and 2. (Emphasis added.)

Likewise, the Alabama legislature, in Title 8, § 735 Code of Ala. 1852, provided that: "Every attorney, before commencing practice, must take an oath to support the constitution of this state, and of the United States, and not to violate the duties enjoined on him by law; which oath must be filed in the office of the clerk, or register of the court by which he is licensed." The legislature further provided, in Section 738 of Title 8, the following:

"It is the duty of attorneys:

"1. To support the constitution and laws of the...