An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
"This may be all well, if the advocate let it be so understood. But if
in pleading he assert his belief that his cause is just when he believes
it unjust, he offends against truth, as any other man would do who in
like manner made a like assertion.
"Every man, when he advocates a case in which morality is concerned, has
an influence upon his hearers, which arises from the belief that he
shares the moral sentiments of all mankind. This influence of his
supposed morality is one of his possessions, which, like all his
possessions, he is bound to use for moral ends. If he mix up his
character as an advocate with his character as a moral agent, using his
moral influence for the advocate's purpose, he acts immorally. He makes
the moral rule subordinate to the professional rule. He sells to his
client not only his skill and learning, but himself. He makes it the
supreme object of his life to be not a good man, but a successful
lawyer.
"There belong to him, moreover, moral ends which regard his profession;
namely, to make it an institution fitted to promote morality. To raise
and purify the character of the profession, so that it may answer the
ends of justice without requiring insincerity in the advocate, is a
proper end for a good man who is a lawyer; a purpose on which he may
well and worthily employ his efforts and influence."[19]
Nothing need be added to enforce what has been so well said. The remark,
however, may be permitted, that the expression of private opinion as to
the merits of a controversy often puts the counsel at fearful odds. A
young man, unknown to the court or the jury, is trying his first case
against a veteran of standing and character: what will the asseveration
of the former weigh against that of the latter? In proportion, then, to
the age, experience, maturity of judgment, and professional character of
the man, who falsely endeavors to impress the court and jury with the
opinion of his confidence in the justice of his case, in that proportion
is there danger that injury will be done and wrong inflicted--in that
proportion is there moral delinquency in him who resorts to it.
Much interest was excited some years ago in England, by the
circumstances attending the defence of Courvoisier, indicted for the
murder of Lord William Russell. The crime was one of great atrocity. It
came out after his conviction, that during the trial he had confessed
his guilt to his counsel, of whom the eminent barrister Charles
Phillips, Esq., was one. Mr. Phillips was accused of having endeavored,
notwithstanding this confession, to fasten suspicion on the other
servants in the house, to induce the belief that the police had
conspired with them to manufacture evidence against the prisoner, and to
impress the jury with his own personal belief in the innocence of his
client. How far these accusations were just in point of fact was the
subject of lively discussion in the newspapers and periodicals of the
time.[20]
Public-domain text, read in full here on John Shaqi.
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