intended for delay, when he knows that it is intended for nothing else,
no high-minded man will be privy or consent to such actions, much less
have any active participation in them.
Subject, however, to the qualifications which have been stated, when a
cause is undertaken, the great duty which the counsel owes to his
client, is an immovable fidelity. Every consideration should induce an
honest and honorable man to regard himself, as far as the cause is
concerned, as completely identified with his client. The criminal and
disgraceful offence of taking fees of two adversaries, of allowing
himself to be approached corruptly, whether directly or indirectly, with
a view to conciliation, ought, like parricide in the Athenian law, to be
passed over in silence in a code of professional ethics.[24] All
considerations of self should be sunk by the lawyer in his duty to the
cause. The adversary may be a man of station, wealth, and influence; his
good will may be highly valuable to him; his enmity may do him great
injury. He should not permit such thoughts to arise in his mind. He
should do his duty manfully, without fear, favor, or affection.
At the same time, let it be observed, that no man ought to allow himself
to be hired to abuse the opposite party. It is not a desirable
professional reputation to live and die with, that of a rough tongue,
which makes a man to be sought out, and retained to gratify the
malevolent feelings of a suitor in hearing the other side well lashed
and vilified. An opponent should always be treated with civility and
courtesy, and if it be necessary to say severe things of him or his
witnesses, let it be done in the language, and with the bearing, of a
gentleman. There is no point in which it becomes an advocate to be more
cautious, than in his treatment of the witnesses. In general, fierce
assaults upon them, unnecessary trifling with their feelings, rough and
uncivil behavior towards them in cross-examination, whilst it may
sometimes exasperate them to such a pitch, that they will perjure
themselves in the drunkenness of their passion, still, most generally
tells badly on the jury. They are apt to sympathize with a witness under
such circumstances.[25] It is as well unwise as unprofessional, in
counsel, to accuse a witness of having forsworn himself, unless some
good ground, other than the mere instruction of the client, is present
in the evidence to justify it. He may sift most searchingly, and ye
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