An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
It need hardly be added that a practitioner ought to be particularly
cautious, in all his dealings with the court, to use no deceit,
imposition, or evasion--to make no statements of facts which he does not
know or believe to be true--to distinguish carefully what lies in his
own knowledge from what he has merely derived from his instructions--to
present no paper-books intentionally garbled. "Sir Matthew Hale
abhorred," says his biographer, "those too common faults of
misrepresenting evidence, quoting precedents or books falsely, or
asserting anything confidently by which ignorant juries and weak judges
are too often wrought upon."[8] One such false step in a young lawyer
will do him an injury in the opinion of the Bench and of his
professional brethren, which it will take years to redeem, if indeed it
ever can be entirely redeemed.
A very great part of a man's comfort, as well as of his success at the
Bar, depends upon his relations with his professional brethren. With
them he is in daily necessary intercourse, and he must have their
respect and confidence, if he wishes to sail along in smooth waters. He
cannot be too particular in keeping faithfully and liberally every
promise or engagement he may make to them. One whose perfect
truthfulness is even suspected by his brethren at the Bar has always an
uneasy time of it. He will be constantly mortified by observing
precautions taken with him which are not used with others. It is not
only morally wrong but dangerous to mislead an opponent, or put him on
a wrong scent in regard to the case. It would be going too far to say
that it is ever advisable to expose the weakness of a client's cause to
an adversary, who may be unscrupulous in taking advantage of it; but it
may be safely said, that he who sits down deliberately to plot a
surprise upon his opponent, and which he knows can succeed only by its
being a surprise, deserves to fall, and in all probability will fall,
into the trap which his own hands have laid. "Whoso diggeth a pit," says
the wise man, "shall fall therein, and he that rolleth a stone, it will
return upon him." If he should succeed, he will have gained with his
success not the admiration and esteem, but the distrust and dislike of
one of his associates as long as he lives. He should never unnecessarily
have a personal difficulty with a professional brother. He should
neither give nor provoke insult. Nowhere more than at the Bar is that
advice valuable:
"Beware
Of entrance to a quarrel; but being in,
Bear it that the opposed may beware of thee."
Public-domain text, read in full here on John Shaqi.
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