“Mike and I have a little difference of opinion, on a point connected
with this matter, which I could wish you to settle for us, as an
arbiter. On the supposition that you find reason to believe that this
young woman has really committed these horrible crimes, what would be
your duty in the case—to continue to befriend her, and advise her, and
use your experience and talents in order to shield her against the
penalties of the law, or to abandon her at once?”
“In plain English, Jack, you and your brother student wish to know
whether I am to act as a palladium, or as a runagate, in this affair. As
neophytes in your craft, it may be well to suggest to you, in the first
place, that I have not yet been fee’d. I never knew a lawyer’s
conscience trouble him about questions in casuistry, until he had
received something down.”
“But you can suppose that something paid, in this case, sir, and then
answer our question.”
“This is just the case in which I can suppose nothing of the sort. Had
McBrain given me to understand I was to meet a client, with a well-lined
purse, who was accused of arson and murder, I would have seen him
married to two women, at the same time, before I would have budged. It’s
the want of a fee that takes me out of town, this morning.”
“And the same want, I trust, sir, will stimulate you to solve our
difficulty.”
The uncle laughed, and nodded his head, much as if he would say, “Pretty
well for _you_;” then he gave a thought to the point in professional
ethics that had started up between his two students.
“This is a very old question with the profession, gentlemen,” Dunscomb
answered, a little more gravely. “You will find men who maintain that
the lawyer has, morally, a right to do whatever his client would do;
that he puts himself in the place of the man he defends, and is expected
to do everything precisely as if he were the accused party himself. I
rather think that some vague notion, quite as loose as this, prevails
pretty generally among what one may call the minor moralists of the
profession.”
“I confess, sir, that I have been given to understand that some such
rule _ought_ to govern our conduct,” said Michael Millington, who had
been in Dunscomb’s office only for the last six months.
“Then you have been very loosely and badly instructed in the duties of
an advocate, Mr. Michael. A more pernicious doctrine was never broached,
or one better suited to make men scoundrels. Let a young man begin
practice with such notions, and two or three thieves for clients will
prepare him to commit petit larceny, and a case or two of perjury would
render him an exquisite at an affidavit. No, my boys, here is your rule
in this matter: an advocate has a _right_ to do whatever his client has
a _right_ to do—not what his client _would_ do.”
“Surely, sir, an advocate is justified in telling his client to plead
not guilty, though guilty; and in aiding him to persuade a jury to
acquit him, though satisfied himself he ought to be convicted!”
Public-domain text, read in full here on John Shaqi.
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