An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
First, I am accused of having retained Courvoisier's brief after having
heard his confession. It is right that I should relate the manner of
that confession, as it has been somewhat misapprehended. Many suppose it
was made to me alone, and made in the prison. I never was in the prison
since I was called to the Bar, and but once before, being invited to see
it by the then sheriffs. So strict is this rule, that the late Mr.
Fauntleroy solicited a consultation there in vain with his other counsel
and myself. It was on the second morning of the trial, just before the
judges entered, that Courvoisier, standing publicly in front of the
dock, solicited an interview with his counsel. My excellent friend and
colleague, Mr. Clarkson, and myself immediately approached him. I beg of
you to mark the presence of Mr. Clarkson, as it will become very
material presently. Up to this morning I believed most firmly in his
innocence, and so did many others as well as myself. "I have sent for
you, gentlemen," said he, "to tell you I committed the murder!" When I
could speak, which was not immediately, I said, "Of course then you are
going to plead guilty?"--"No, sir," was the reply, "I expect you to
defend me to the utmost." We returned to our seats. My position at this
moment was, I believe, without parallel in the annals of the profession.
I at once came to the resolution of abandoning the case, and so I told
my colleague. He strongly and urgently remonstrated against it, but in
vain. At last he suggested our obtaining the opinion of the learned
judge, who was not trying the cause, upon what he considered to be the
professional etiquette under circumstances so embarrassing. In this I
very willingly acquiesced. We obtained an interview, and Mr. Baron
Parke requested to know distinctly whether the prisoner insisted on my
defending him, and, on hearing that he did, said, I was bound to do so,
and to use all fair arguments arising on the evidence. I therefore
retained the brief, and I contend for it, that every argument I used was
a fair commentary on the evidence, though undoubtedly as strong as I
could make them. I believe there is no difference of opinion now in the
profession that this course was right. It was not until after eight
hours' public exertion before the jury that the prisoner confessed; and
to have abandoned him then would have been virtually surrendering him to
death. This is my answer to the first charge.
Public-domain text, read in full here on John Shaqi.
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