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
was prescribed for the breach of the law, it of course became a dead
letter. The Emperor Augustus afterwards re-enacted the Cincian law, and
prescribed penalties for its breach. But towards the end of his reign,
the advocates were again authorized to receive fees or presents from
their clients. The Emperor Tiberius also permitted them to receive such
forced gratuities. This led to the abuse referred to by Tacitus, and
induced the Senate to insist upon the enforcement of the re-enactment of
the Cincian law, or rather a law limiting the amount of the fees of
advocates.[33] Nero revoked the law of Claudian, which was subsequently
re-enacted by the Emperor Trajan, with the additional restriction that
the advocate should not be permitted to receive his fee or gratuity,
until the cause was decided. The younger Pliny mentions a law, which
authorized the advocate, after the pleadings in the cause had been made
and the judgment had been given, to receive the fee, which might be
voluntarily offered by the client, either in money or a promise to pay.
Erskine, in his Institutes of the Law of Scotland, understands the law
in the Digest _De Extraordinariis Cognitionibus_ as authorizing a suit
for the fee of a physician or advocate without a previous agreement for
a specific sum.[34]
The consequences may be best told in the impressive language of the
historian of the Decline and Fall of the Empire: "The noble art, which
had once been preserved as the sacred inheritance of the patricians, was
fallen into the hands of freedmen and plebeians, who, with cunning
rather than with skill, exercised a sordid and pernicious trade. Some of
them procured admittance into families for the purpose of fomenting
differences, of encouraging suits, and of preparing a harvest of gain
for themselves or their brethren. Others, recluse in their chambers,
maintained the dignity of legal professors, by furnishing a rich client
with subtleties to confound the plainest truth, and with arguments to
color the most unjustifiable pretensions. The splendid and popular class
was composed of the advocates, who filled the Forum with the sound of
their turgid and loquacious rhetoric. Careless of fame and of justice,
they are described for the most part, as ignorant and rapacious guides,
who conducted their clients through a maze of expense, of delay, and of
disappointment; from whence, after a tedious series of years, they were
at length dismissed when their patience and fortune were almost
exhausted."[35] Is not this probably the history of the decline of the
profession in all countries from an honorable office to a money-making
trade?
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