An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
less extended, according to circumstances, to aim at mastering the works
of the great luminaries of the science, Coke, Fearne, Preston, Powell,
Sugden, and others, not forgetting the maxim, _melius est petere fontes
quam sectari rivulos_, and to investigate for himself the most important
and interesting questions, by an examination and research of the
original authorities. "He that reacheth deepest seeth the amiable and
admirable, secrets of the law,"[27] and thus may the student "proceed in
his reading with alacrity, and set upon and know how to work into with
delight these rough mines of hidden treasure."[28]
It may be allowed here to commend to most serious consideration, the
remarks of one of the most eminent of the profession--Horace Binney--a
gentleman of our own Bar, whose example enforces and illustrates their
value: "There are two very different methods of acquiring a knowledge of
the laws of England, and by each of them, men have succeeded in public
estimation to an almost equal extent. One of them, which may be called
the old way, is a methodical study of the general system of law, and of
its grounds and reasons, beginning with the fundamental law of estates
and tenures, and pursuing the derivative branches in logical succession,
and the collateral subjects in due order; by which the student acquires
a knowledge of principles that rule in all departments of the science,
and learns to feel as much as to know what is in harmony with the system
and what not. The other is, to get an outline of the system, by the aid
of commentaries, and to fill it up by the desultory reading of treatises
and reports, according to the bent of the student, without much shape or
certainty in the knowledge so acquired, until it is given by
investigation in the course of practice. A good deal of law may be put
together by a facile or flexible man, in the second of these modes, and
the public are often satisfied; but the profession itself knows the
first, by its fruits, to be the most effectual way of making a great
lawyer."[29]
Such a course of study as is here recommended, is not the work of a day
or a year. In the meantime let business seek the young attorney; and
though it may come in slowly, and at intervals, and promise in its
character neither fame nor profit, still, if he bears in mind that it is
an important part of his training, that he should understand the
business he does thoroughly, that he should especially cultivate, in
transacting it, habits of neatness, accuracy, punctuality, and despatch,
candor towards his client, and strict honor towards his adversary, it
may be safely prophesied that his business will grow as fast as it is
good for him that it should grow; while he gradually becomes able to
sustain the largest practice, without being bewildered and overwhelmed.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account