al, of the lawyer, arise from his
relations to the court, to his professional brethren and to his client.
It is in this order that it is proposed to consider and discuss the
various topics which grow out of this subject.
The oath directed by law in this State to be administered upon the
admission of an attorney to the bar, "to behave himself in the office of
attorney according to the best of his learning and ability, and with all
good fidelity, as well to the court as to the client; that he will use
no falsehood, nor delay any man's cause for lucre or malice," presents a
comprehensive summary of his duties as a practitioner.[1]
Fidelity to the court, fidelity to the client, fidelity to the claims of
truth and honor: these are the matters comprised in the oath of office.
It is an oath of office, and the practitioner, the incumbent of an
office--an office in the administration of justice[2]--held by authority
from those who represent in her tribunals the majesty of the
commonwealth, a majesty truly more august than that of kings or
emperors. It is an office, too, clothed with many privileges--privileges,
some of which are conceded to no other class or profession.[3] It is,
therefore, that the legislature have seen fit to require that there
should be added to the solemnity of the responsibility, which every man
virtually incurs when he enters upon the practice of his profession,
the higher and more impressive sanction of an appeal to the Searcher of
all Hearts.
Fidelity to the court, requires outward respect in words and actions.
The oath as it has been said, undoubtedly looks to nothing like
allegiance to the person of the judge; unless in those cases where his
person is so inseparable from his office, that an insult to the one, is
an indignity to the other. In matters collateral to official duty, the
judge is on a level with the members of the bar, as he is with his
fellow-citizens; his title to distinction and respect resting on no
other foundation, than his virtues and qualities as a man.[4] There are
occasions, no doubt, when duty to the interests confided to the charge
of the advocate demands firm and decided opposition to the views
expressed or the course pursued by the court, nay, even manly and open
remonstrance; but this duty may be faithfully performed, and yet that
outward respect be preserved, which is here inculcated. Counsel should
ever remember how necessary it is for the dignified and honorable
adm
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