concealing what he has a mind to do, but not by means of fraudulent
falsehoods, since we should keep faith even with a foe, as Tully says
(De offic. iii, 29). Hence it is lawful for an advocate, in defending
his case, prudently to conceal whatever might hinder its happy issue,
but it is unlawful for him to employ any kind of falsehood.
_______________________

FOURTH ARTICLE [II-II, Q. 71, Art. 4]

Whether It Is Lawful for an Advocate to Take a Fee for Pleading?

Objection 1: It would seem unlawful for an advocate to take a fee for
pleading. Works of mercy should not be done with a view to human
remuneration, according to Luke 14:12, "When thou makest a dinner or
a supper, call not thy friends . . . nor thy neighbors who are rich:
lest perhaps they also invite thee again, and a recompense be made to
thee." Now it is a work of mercy to plead another's cause, as stated
above (A. 1). Therefore it is not lawful for an advocate to take
payment in money for pleading.

Obj. 2: Further, spiritual things are not to be bartered with
temporal things. But pleading a person's cause seems to be a
spiritual good since it consists in using one's knowledge of law.
Therefore it is not lawful for an advocate to take a fee for pleading.

Obj. 3: Further, just as the person of the advocate concurs towards
the pronouncement of the verdict, so do the persons of the judge and
of the witness. Now, according to Augustine (Ep. cliii ad Macedon.),
"the judge should not sell a just sentence, nor the witness true
evidence." Therefore neither can an advocate sell a just pleading.

_On the contrary,_ Augustine says (Ep. cliii ad Macedon.) that "an
advocate may lawfully sell his pleading, and a lawyer his advice."

_I answer that,_ A man may justly receive payment for granting what
he is not bound to grant. Now it is evident that an advocate is not
always bound to consent to plead, or to give advice in other people's
causes. Wherefore, if he sell his pleading or advice, he does not act
against justice. The same applies to the physician who attends on a
sick person to heal him, and to all like persons; provided, however,
they take a moderate fee, with due consideration for persons, for the
matter in hand, for the labor entailed, and for the custom of the
country. If, however, they wickedly extort an immoderate fee, they
sin against justice. Hence Augustine says (Ep. cliii ad Macedon.)
that "it is customary to demand from them restitution of what