An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
The object of this Essay is to arrive at some accurate and intelligible
rules by which to guide and govern the conduct of professional life. It
would not be a difficult task to declaim in general propositions--to
erect a perfect standard and leave the practitioner to make his own
application to particular cases. It is a difficult task, however, as it
always is in practice, to determine the precise extent of a principle,
so as to know when it is encountered and overcome by another--to weigh
the respective force of duties which appear to come in conflict. In all
the walks of life men have frequently to do this: in none so often as at
the Bar.
The responsibilities, legal and moral, of the lawyer, arise from his
relations to the court, to his professional brethren and to his client.
It is in this order that it is proposed to consider and discuss the
various topics which grow out of this subject.
The oath directed by law in this State to be administered upon the
admission of an attorney to the bar, "to behave himself in the office of
attorney according to the best of his learning and ability, and with all
good fidelity, as well to the court as to the client; that he will use
no falsehood, nor delay any man's cause for lucre or malice," presents a
comprehensive summary of his duties as a practitioner.[1]
Fidelity to the court, fidelity to the client, fidelity to the claims of
truth and honor: these are the matters comprised in the oath of office.
It is an oath of office, and the practitioner, the incumbent of an
office--an office in the administration of justice[2]--held by authority
from those who represent in her tribunals the majesty of the
commonwealth, a majesty truly more august than that of kings or
emperors. It is an office, too, clothed with many privileges--privileges,
some of which are conceded to no other class or profession.[3] It is,
therefore, that the legislature have seen fit to require that there
should be added to the solemnity of the responsibility, which every man
virtually incurs when he enters upon the practice of his profession,
the higher and more impressive sanction of an appeal to the Searcher of
all Hearts.
Public-domain text, read in full here on John Shaqi.
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