An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
[36] 3 Blackst. Com. 28; Davis Pref. 22; 1 Chanc. Rep. 38; Davis, 23;
Hodgson _v._ Scarlett, 1 B. & Ald. 232; Finch. L. 188; and see Butler's
note to 1 Co. Litt. 295 a. So it is with the advocates in the civil law.
Vost ad Pand. tit. de Postal. Numb. 6, 7, 8; Gravina de Oster. lib. 1,
s. 42, 43, 44. Boucher D'Asyis, Hist. Abrege de L'Order des Avocats, c.
iv. See also the commencement of the Dialogue des Avocats du Parl. de
Paris, by Loisil, which contains curious particulars throughout
respecting the ancient French Bar. An amusing anecdote is related of
Pasquier, the famous French advocate. In 1583, while he was attending
the assizes (_les grands jours_) at Troyes, he sat for his portrait, and
after the painter had finished the likeness, which Pasquier had not yet
examined, he asked him to represent him with a book in his hand. The
painter said that it was too late, as the picture was completed without
hands. Upon this the witty lawyer immediately wrote the following lines
as a motto for the portrait:
Nulla hic Pascasio manus est: Lex Cincia quippe
Causidicos nulla sanxit habere manus.
Forsyth's Hortensius, 424.
[37] The reader will find in the Appendix, No. III, an account of the
different orders of the English Bar.
[38] In some States, the professions of attorney and counsellor at law
are not distinct; the same person conducts the cause in all its stages;
and it has not been considered that his authority ceases when judgment
is obtained. The attorney is in some degree the agent as well as the
attorney of the party. Huston, J., in Lynch _v._ The Commonwealth, 16
Serg. & Rawle, 368.
[39] Mooney _v._ Lloyd, 5 Serg. & Rawle, 416.
[40] Hornblower, C. J., in Seeley et al. _v._ Crane, 3 Green, N. J. 35.
"I shall be sorry to see the honorary character of the fees of
barristers and physicians done away with. Though it seems to be a
shadowy distinction, yet I believe it to be beneficial in effect. It
contributes to preserve the idea of profession, of a class which belongs
to the public, in the employment and remuneration of which no law
interferes, but the citizen acts as he likes, '_foro conscientiae_.'"
Coleridge's Table Talk, vol. 2.
[41] Gray _v._ Brackenridge, 2 Penna. Rep. 181; Foster _v._ Jack, 4
Watts, 33. In New Jersey, an advocate's fees are not recoverable at law.
Shaver _v._ Norris, Penning. 63; Seeley _v._ Crane, 3 Green, 35; Van
Alter _v._ McKinney's Exrs. 1 Harrison, 236. That the general current of
decisions is in the opposite direction, will be seen by consulting
Stevens _v._ Adams, 23 Wendell, 57; S. C. 26 Wendell, 451; Newman _v._
Washington, Martin & Yerger, 79; Stevens _v._ Monges, 1 Harrington, 127;
Bayard _v._ McLane, 3 Harrington, 217; Duncan _v._ Beisthaupt, 1 McCord,
149; Downing _v._ Major, 2 Dana, 228; Christy _v._ Douglas, Wright's Ch.
Rep. 485; Webb _v._ Hepp, 14 Missouri, 354; Vilas _v._ Downer, 21
Vermont, 419; Lecatt _v._ Sallee, 3 Porter, 115; Easton _v._ Smith, 1 E.
D. Smith, 318.
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