An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
Another plain duty of counsel is to present every thing in the cause to
the court openly in the course of the public discharge of its duties. It
is not often, indeed, that gentlemen of the Bar so far forget themselves
as to attempt to exert privately an influence upon the judge, to seek
private interviews, or take occasional opportunities of accidental or
social meetings to make _ex parte_ statements, or to endeavor to impress
their views. They know that such conduct is wrong in itself, and has a
tendency to impair confidence in the administration of justice, which
ought not only to be pure but unsuspected. A judge will do right to
avoid social intercourse with those who obtrude such unwelcome matters
upon his moments of relaxation. There is one thing, however, of which
gentlemen of the Bar are not sufficiently careful,--to discourage and
prohibit their clients from pursuing a similar course. The position of
the judge in relation to a cause under such circumstances is very
embarrassing, especially, as is often the case, if he hears a good deal
about the matter before he discovers the nature of the business and
object of the call upon him. Often the main purpose of such visits is
not so much to plead the cause, as to show the judge who the party
is--an acquaintance, perhaps--and thus, at least, to interest his
feelings. Counsel should set their faces against all undue influences of
the sort; they are unfaithful to the court, if they allow any improper
means of the kind to be resorted to. _Judicem nec de obtinendo jure
orari oportet nec de injuria exorari._ It may be in place to remark here
that the counsel in a cause ought to avoid all unnecessary communication
with the jurors before or during any trial in which he may be
concerned. He should enforce the same duty upon his client. Any attempt
by an attorney to influence a juror by arguments or otherwise, will, of
course, if discovered and brought to the notice of the court, lead to
expulsion or suspension from the Bar, according to the degree and
quality of the offence. The freedom of the jury-box from extraneous
influences is a matter of such vital moment in our system that the
courts are bound to watch over it with jealous eyes. "It would be an
injury to the administration of justice," says C. J. Tilghman, "not to
declare that it is gross misbehavior for any person to speak with a
juror, or for a juror to permit any person to speak with him, respecting
the cause he is trying, at any time after he is summoned and before the
verdict is delivered." "The words thus uttered," says Judge Hare, "by
one of the best men and purest magistrates that ever filled the judicial
office, must find an echo in every bosom. The principle which dictated
them does not require the aid of argument or elucidation; it is native
to the conscience, and will be apparent to all who consult the monitor
in their own breast. The wrong is aggravated when the taint of personal
Public-domain text, read in full here on John Shaqi.
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