Problems of Conduct: An Introductory Survey of EthicsDrake, Durant
Philosophy
Problems of Conduct: An Introductory Survey of Ethics
Drake, Durant
Ethics
(3) The profession of the lawyer presents peculiarly difficult problems.
May he so manipulate the facts in his plea as to convince a jury of
what he is himself not convinced? May he by use of the argumentum
ad populum, by his eloquence and skill, win a case which he does not
believe in at heart? In some ancient codes lawyers had to swear not to
defend causes which they believed unjust. But this is hardly fair to a
client, since, even though appearances are against him, he may be
innocent; whatever can be said for him should be discovered and
presented to the tribunal. Dr. Johnson said: "You are not to deceive
your client with false representations of your opinion, you are not to
tell lies to the judge, but you need have no scruple about taking up
a case which you believe to be bad, or affecting a warmth which you
do not feel. You do not know your cause to be bad till the judge
determines it. An argument which does not convince you may
convince the judge, and, if it does convince him, you are wrong
and he is right." [Footnote: Quoted by W. E. H. Lecky,
The Map of Life, p. 110. The chapter which contains this quotation
gives an interesting discussion of the ethics of the lawyer and some
further references on the subject.] This dilemma of the lawyer could
be matched by equally doubtful situations that confront the physician,
[Footnote: See, for a discussion of the ethics of the medical profession,
G. Bernard Shaw, Preface to The Doctor's Dilemma, and B. J. Hendrick,
"The New Medical Ethics," in McClure's Magazine, vol. 42, p. 117.]
and members of the other professions. There is need of acknowledged
professional codes, drawn up by representative members, and enforced
by public opinion within the profession and perhaps by the danger of
expulsion from membership in the professional associations. It is largely
the variation in practice between equally conscientious members that
causes the distrust and disorder of our present situation. Truthfulness
must be standardized for the professions. [Footnote: On professional
codes, see H. Jeffs, Concerning Conscience, chap. VIII.]
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