Weekly national intelligencer., 1852-10-30

cors 10 be organized and regular system 10 bs
established for thu hearing or trial OF causes IN which
order prevailed and the advocate once more
was called to exercise ns ssad cegs ew which Al
tongh now lost s 40 veil known by every student TO bt
the basis of English jur prudence from which peoo
may trace steady i'm 'rovement In legal admnisra
tion and also the revival q our own profession. M
wonderful impetus was give 10 Doth by the discovery
of the Pandects at Amalphi, In the twelfth century
the code was studied with gerness, ana professors
of civil law appointed WI . taught u throughout
Europe Lawyers once more eo4 uent and learned were
heard sustaining or defending their clients until the pro
esson and practice Of the law reac u s present mpor
tant and responsible position"
The following the duties Of lawyer to his
client and his conscience cannot be ghly commend
ed Mr. KmBALL says:
This is commonly resolved into the charg againstour
profession Of defending which the advo cate
to be wrong or prisoner whom he knows to DC guilty
Under this head of the most striking examples Is the
defence by Phillips of Courvoser trial for DER In
lS4O and who confessed his guilt to his counsel en- the
second day Of his trial. and yet insisted the defence 81 oud
be continued and begged Mr. Phillips do all he uld
to save him. The affair at the time created great d'a
of excitement which has been subsequently reyivetI
about two years ago. whereupon the question
eaborately discussed in the English journals and in
the London Law Magazine Numerous opinions were
given, of every shade and complexion. The most start
ling certainly contained in quotation made by Mr.
Phillips himself in defending his conduct from Lord
the duties of advocate What should strike every one
remarkable in this discussion is that all sides by
tacit consent seemed to admit that there were certain
rules of legal morality not applicable to other persons
by which the profession should be judged and that Mr.
Phillips had exceeded them. But to return to Lord
Brougham
advocate by the sacred duties which he his eli
ciienr, Save thut
by all expedent means to protect that client at all hazards
and oil Others and, among other things himself is
the highest and most unqucsoned Of his duties He
regard the alarm the suffering the torment, the destruction
which he may bring any other.
"A more monstrous doctrine do not hesitate to say
broached There is such thing there ought
to be such thing the morality of the advocate
distinguished from the morality of the The most
that the advocate assume, either in criminal civil
cases. be clothed with the rights and duties of his
client That client has right to abricate to prevari
cate falsy for the sake of defence neither has
the advocate right to do it for him. The rationale Of
advocates abors is that he is engaged in trying to find
all the evidence of the truth side, his opponent
seeking similar evidence the opposite judge and jury
putting two sides together in getting at the whole truth
Fasehood is element Of truth and pretend that
an advocate is at the command land for money! of
fessed feon admitted swndler is to take very low
position for the bar For one have any diff
Guilty in this subject do not believe advocate has
any right say do for his client what he would not
say and do for himself and he would not f true
many either msstate mystify color conceal in his
own behalf how he do these things in behalf of
other ?"
"a work of great originality and ability Mr. KMBALL
has golden opinions writer, and feel assured
these sentiments will secure for him the confidence and
commendation of all honorable as practising
lawyer.