An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
There is one more caution to be given under this head. Let him shun most
carefully the reputation of a sharp practitioner. Let him be liberal to
the slips and oversights of his opponent wherever he can do so, and in
plain cases not shelter himself behind the instructions of his client.
The client has no right to require him to be illiberal--and he should
throw up his brief sooner than do what revolts against his own sense of
what is demanded by honor and propriety.
Nothing is more certain than that the practitioner will find, in the
long run, the good opinion of his professional brethren of more
importance than that of what is commonly called the public. The
foundations of the reputation of every truly great lawyer will be
discovered to have been laid here. Sooner or later, the real public--the
business men of the community, who have important lawsuits, and are
valuable clients--indorse the estimate of a man entertained by his
associates of the Bar, unless indeed there be some glaring defect of
popular qualities. The community know that they are better qualified to
judge of legal attainments, that they have the best opportunity of
judging, and that they are slow in forming a judgment. The good opinion
and confidence of the members of the same profession, like the King's
name on the field of battle, is "a tower of strength;" it is the title
of legitimacy. The ambition to please the people, to captivate jurors,
spectators, and loungers about the court room, may mislead a young man
into pertness, flippancy, and impudence, things which often pass current
for eloquence and ability with the masses; but the ambition to please
the Bar can never mislead him. Their good graces are only to be gained
by real learning, by the strictest integrity and honor, by a courteous
demeanor, and by attention, accuracy and punctuality in the transaction
of business.
The topic of fidelity to the client involves the most difficult
questions in the consideration of the duty of a lawyer.
He is legally responsible to his client only for the want of ordinary
care and ordinary skill. That constitutes gross negligence. It is
extremely difficult to fix upon any rule which shall define what is
negligence in a given case. The habits and practice of men are widely
different in this regard. It has been laid down that if the ordinary and
average degree of diligence and skill could be determined, it would
furnish the true rule.[9] Though such be the extent of legal liability,
that of moral responsibility is wider. Entire devotion to the interest
of the client, warm zeal in the maintenance and defence of his rights,
and the exertion of his utmost learning and ability,--these are the
higher points, which can only satisfy the truly conscientious
practitioner.
But what are the limits of his duty when the legal demands or interests
of his client conflict with his own sense of what is just and right?
This is a problem by no means of easy solution.
Public-domain text, read in full here on John Shaqi.
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