An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
Thirdly, and lastly, I am accused of having endeavored to cast upon the
female servants the guilt, which I knew was attributable to Courvoisier.
You will observe, of course, that the gravamen of this consists in my
having done so after the confession. The answer to this is obvious.
Courvoisier did not confess till Friday: the cross-examination took
place the day before, and so far, therefore, the accusation is disposed
of. But it may be said I did so in my address to the jury. Before
refuting this let me observe upon the disheartening circumstances under
which that address was delivered. At the close of the, to me, most
wretched day on which the confession was made, the prisoner sent me this
astounding message by his solicitor: "Tell Mr. Phillips, my counsel,
that I consider he has my life in his hands." My answer was, that as he
must be present himself, he would have an opportunity of seeing whether
I deserted him or not. I was to speak on the next morning. But what a
night preceded it! Fevered and horror-stricken, I could find no repose.
If I slumbered for a moment, the murderer's form arose before me,
scaring sleep away, now muttering his awful crime, and now shrieking to
me to save his life! I did try to save it. I did everything to save it,
except that which is imputed to me, but that I did not, and I will prove
it. I have since pondered much upon this subject, and I am satisfied
that my original impression was erroneous. I had no right to throw up my
brief, and turn traitor to the wretch, wretch though he was, who had
confided in me. The counsel for a prisoner has no option. The moment he
accepts his brief, every faculty he possesses becomes his client's
property. It is an implied contract between him and the man who trusts
him. Out of the profession this may be a moot point, but it was asserted
and acted on by two illustrious advocates of our own day, even to the
confronting of a king, and, to the regal honor be it spoken, these
dauntless men were afterwards promoted to the highest dignities.
Public-domain text, read in full here on John Shaqi.
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