Ethics in ServiceTaft, William H. (William Howard)
Philosophy
Ethics in Service
Taft, William H. (William Howard)
Legal ethics; Presidents -- United States; United States -- Politics and government
Courts sit to hear controversies between parties over facts and law.
Rules of procedure are for the purpose of reducing the issues of fact
and law in such controversies to a form as narrow and concrete as
possible. Men who are able to present a clear statement of the evidence
and who are learned in the principles of the law and their application
to the facts as they are developed are in a position to assist the judge
to a quick and thorough understanding of the exact question which he is
to decide. The real enthusiasm of advocacy which is necessarily
developed by the relation of attorney and client would doubtless have a
tendency to mislead the court if exerted in behalf of one side only, but
where both sides are represented, where the same earnestness in the
proceeding of each side is present, it is the best method within human
ken to reach a sound conclusion both as to the facts and as to the law.
No one who has had experience on the Bench in reaching judicial
conclusions and who has thereafter been obliged in an executive position
to reach important, and it may be final, conclusions upon questions
involving both fact and law, can fail to recognize and acknowledge the
powerful influence for justice that honorable and learned members of the
law exert in the causes which they present to a court. The counsel who
argues the losing side of a case contributes quite as much to the
assistance of the court as the successful advocate. The friction of
counsel's argument against counsel's argument develops every phase of
possible error in a conclusion and thereby enables a just, intelligent,
acute and experienced court to see clearly what is the right which
should be embodied in its judgment.
Public-domain text, read in full here on John Shaqi.
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