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
Yet he knows that lawyers owe entire devotion to the interest of the
client, and warm zeal in the maintenance of his rights and that they
will exert their utmost ability lest anything be taken or be withheld
from him, save by the rules of law, legally applied. He knows that
counsel has the right to proceed in the view that his client is entitled
to the benefit of every remedy and defence authorized by the law of the
land and that the lawyer is expected to assert every such remedy or
defence. But it is steadfastly to be borne in mind that the great trust
to the lawyer is to be formed within and not without the bounds of the
law. The office of a lawyer does not permit, much less does it demand of
him, violation of law or any manner of fraud for any client. He must
obey his own conscience and not that of his client. These limitations
are binding upon the lawyer as a sworn officer of the court, and
compliance with them is the true reconciliation of the primary duty of
fidelity to the client, with the constant and ever present duty owing to
the minister of justice in the person of the judge. These statements of
the duty of the lawyer to the court in the advocacy of causes and in the
presentation of his client's case, are taken from the Code of Legal
Ethics, which was approved by the American Bar Association. I think that
all lawyers and judges will agree that when lawyers live up to them, the
danger of injustice from the enthusiasm, skill or eloquence of their
advocacy is quite remote.
I don't mean to say that lawyers do not differ in the force of their
statements, in their logical faculty, in their method of arranging
arguments, in their fluency and in the cogency with which they present
the cause of their respective clients. Of course the man who is
fortunate enough to engage the abler lawyer enjoys the advantage of
those gifts with which nature has endowed his representative, but that
element of inequality can hardly be eliminated from the administration
of justice. It has more weight in a jury trial than it has before a
court, for the lawyers before a court are matching their acuteness and
learning not alone with the counsel for the other side, but with the
cold scrutiny of a calm, intellectual and judicial mind, trained to
consider argument, and experienced in the elimination of the
irrelevant, the emotional and the illogical.
Public-domain text, read in full here on John Shaqi.
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