The Collected Works of Ambrose Bierce, Volume 11: AntepenultimataBierce, Ambrose
General
The Collected Works of Ambrose Bierce, Volume 11: Antepenultimata
Bierce, Ambrose
American essays; American literature
Is it honorable for a lawyer to try to clear a man that he knows
deserves conviction? That is not the entire question by much. Is
it honorable to pretend to believe what you do not believe? Is it
honorable to lie? I submit that these questions are not answered
affirmatively by showing the disadvantage to the public and to
civilization of a lawyer refusing to serve a known offender. The
popular interest, like any other good cause, can be and commonly is,
served by foul means when served at all. Justice itself may be promoted
by acts essentially unjust. In serving a sordid ambition a powerful
scoundrel may by acts in themselves wicked augment the prosperity of
a whole nation. I have not the right to deceive and lie in order to
advantage my fellow men, any more than I have the right to steal or
murder to advantage them; nor have my fellow men the power to grant me
that indulgence.
The question of a lawyer’s right to clear a known criminal (with the
several questions involved) is not answered affirmatively by showing
that the law forbids him to decline a case for reasons personal
to himself—not even if we admit the statute’s moral authority.
Preservation of conscience and character is a civic duty, as well as
a personal; one’s fellowmen have a distinct interest in it. That, I
admit, is an argument rather in the manner of an attorney; clearly
enough the effect of this statute is to compel an attorney to cheat
and lie for any rascal that wants him to. In that sense it may be
regarded as a law softening the rigor of all laws; it does not mitigate
punishments, but mitigates the chance of incurring them. The infamy
of it lies in forbidding an attorney to be a gentleman. Like all laws
it falls something short of its intent: many attorneys, even some who
defend the law, are as honorable as is consistent with the practice of
deceit to serve crime.
Public-domain text, read in full here on John Shaqi.
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