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
interest mingles with it, as when committed by a party to the cause, but
appears in the worst form when it is the act of attorneys or counsel,
who are the sworn officers of the court, whose duty it is to act as
guardians of the fountains of justice, and who are false to their charge
when they defile or taint those waters, which they are pledged to keep
pure and unpolluted. Such conduct in counsel is a gross breach of trust,
for which a removal from the trust is but an inadequate punishment."[6]
There is another duty to the court, and that is, to support and maintain
it in its proper province wherever it comes in conflict with the
co-ordinate tribunal--the jury. The limits of these two provinces are
settled with great accuracy; and even if a judge makes a mistake, the
only proper place to correct his error is in the superior tribunal,--the
Court of Errors. It has been held in a multitude of cases, that verdicts
against the charge of the court in point of law, will be set aside
without limitation as to the number of times, and that without regard to
the question whether the direction of the court in point of law was
right or wrong. There is a technical reason, which makes this course in
all cases imperative. The losing party, if the jury were allowed to
decide the law for him, would be deprived of his exception, and of his
unquestionable right to have the law of his case pronounced upon by the
Supreme Court. _Ad questiones juris respondeant judices,--ad questiones
facti juratores._ A disregard by the jury of the law, as laid down by
the judge, is always therefore followed by additional and unnecessary
delay and expense, and it is never an advantage to a party in the long
run to obtain a verdict in opposition to the direction of the court.[7]
It is best for counsel to say in such cases, where nothing is left by
the charge to the jury, that they do not ask for a verdict. It has a
fair, candid, and manly aspect towards court, jury, opposite party, and
even client. Instances of counsel urging or endeavoring to persuade a
jury to disregard the charge may sometimes occur, but they are
exceedingly rare when there is good feeling between the Bench and the
Bar, and when the members of the profession have just and enlightened
views of their duty as well as interest.
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