An Essay on Professional Ethics: Second Edition — John Shaqi
An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
Fidelity to the court, requires outward respect in words and actions.
The oath as it has been said, undoubtedly looks to nothing like
allegiance to the person of the judge; unless in those cases where his
person is so inseparable from his office, that an insult to the one, is
an indignity to the other. In matters collateral to official duty, the
judge is on a level with the members of the bar, as he is with his
fellow-citizens; his title to distinction and respect resting on no
other foundation, than his virtues and qualities as a man.[4] There are
occasions, no doubt, when duty to the interests confided to the charge
of the advocate demands firm and decided opposition to the views
expressed or the course pursued by the court, nay, even manly and open
remonstrance; but this duty may be faithfully performed, and yet that
outward respect be preserved, which is here inculcated. Counsel should
ever remember how necessary it is for the dignified and honorable
administration of justice, upon which the dignity and honor of their
profession entirely depend, that the courts and the members of the
courts, should be regarded with respect by the suitors and people; that
on all occasions of difficulty or danger to that department of
government, they should have the good opinion and confidence of the
public on their side. Good men of all parties prefer to live in a
country, in which justice according to law is impartially administered.
Counsel should bear in mind also the wearisomeness of a judge's office;
how much he sees and hears in the course of a long session, to try his
temper and patience. Lord Campbell has remarked that it is rather
difficult for a judge altogether to escape the imputation of discourtesy
if he properly values the public time; for one of his duties is to
"render it disagreeable to counsel to talk nonsense." Respectful
submission, nay, most frequently, even cheerful acquiescence in a
decision, when, as is most generally the case, no good result to his
cause can grow from any other course, is the part of true wisdom as well
as civility. An exception may be noted to the opinion of the Bench, as
easily in an agreeable and polite, as in a contemptuous and insulting
manner. The excitement of the trial of a cause caused by the conflict of
testimony, making often the probabilities of success to vibrate
backwards and forwards with as much apparent uncertainty as the chances
in a game of hazard, is no doubt often the reason and apology for
apparent disrespect in manner and language; but let it be observed, that
petulance in conflicts with the Bench, which renders the trial of causes
disagreeable to all concerned, has most generally an injurious effect
upon the interests of clients.
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