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
At the same time, let it be observed, that no man ought to allow himself
to be hired to abuse the opposite party. It is not a desirable
professional reputation to live and die with, that of a rough tongue,
which makes a man to be sought out, and retained to gratify the
malevolent feelings of a suitor in hearing the other side well lashed
and vilified. An opponent should always be treated with civility and
courtesy, and if it be necessary to say severe things of him or his
witnesses, let it be done in the language, and with the bearing, of a
gentleman. There is no point in which it becomes an advocate to be more
cautious, than in his treatment of the witnesses. In general, fierce
assaults upon them, unnecessary trifling with their feelings, rough and
uncivil behavior towards them in cross-examination, whilst it may
sometimes exasperate them to such a pitch, that they will perjure
themselves in the drunkenness of their passion, still, most generally
tells badly on the jury. They are apt to sympathize with a witness under
such circumstances.[25] It is as well unwise as unprofessional, in
counsel, to accuse a witness of having forsworn himself, unless some
good ground, other than the mere instruction of the client, is present
in the evidence to justify it. He may sift most searchingly, and yet
with a manner and courtesy which affords no ground for irritation,
either in witness or opponent; and in such case, if his questions
produce irritation, it is a circumstance which will weigh in his favor.
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