bound in honor, as well as duty, to
disclose to the client at the time of the retainer, every circumstance
of his own connection with the parties or prior relation to the
controversy, which can or may influence his determination in the
selection of him for the office. An attorney is bound to disclose to his
client every adverse retainer, and even every prior retainer, which may
affect the discretion of the latter. No man can be supposed to be
indifferent to the knowledge of facts, which work directly on his
interests, or bear on the freedom of his choice of counsel. When a
client employs an attorney, he has a right to presume, if the latter be
silent on the point, that he has no engagements which interfere, in any
degree, with his exclusive devotion to the cause confided to him; that
he has no interest which may betray his judgment or endanger his
fidelity.[22]

It is in some measure the duty of counsel to be the keeper of the
conscience of the client; not to suffer him, through the influence of
his feelings or interest, to do or say anything wrong in itself, and of
which he would himself afterwards repent. This guardianship may be
carefully, and at the same time kindly exerted. One particular will be
mentioned in which its exercise is frequently called for. The client
will be often required, in the course of a cause, to make affidavits of
various kinds. There is no part of his business with his client, in
which a lawyer should be more cautious, or even punctilious, than this.
He should be careful lest he incur the moral guilt of subornation of
perjury, if not the legal offence. An attorney may have communications
with his client in such a way, in instructing him as to what the law
requires him to state under oath or affirmation, in order to accomplish
any particular object in view, as to offer an almost irresistible
temptation and persuasion to stretch the conscience of the affiant up to
the required point. Instead of drawing affidavits, and permitting them
to be sworn to as a matter of course, as it is to be feared is too often
the case, counsel should on all occasions take care to treat an oath
with great solemnity, as a transaction to be very scrupulously watched,
because involving great moral peril as well as liability to public
disgrace and infamy. It lies especially in the way of the profession to
give a high tone to public sentiment upon this all-important subject,
the sacredness of an oath. It is always the wis