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1825. Decr 7
Constitutional CodeCh. XXIV. Professl Lawyers
§. 1. Class one only
There are two main occasions on which the utterance of falshood
in virtue of on the impulse of this interest is the is called forth: – that
of giving scientific information and advice to the Client at the Client's
expence, and that of presenting or appearing to present in argument before the Judge the
interest of the Client at the adversary's expence of the party on
the other side.
Suppose no more than one lawyer interposed between
the party and the Judge, there would indeed be but tooo much room and
temptation for falshood but there would not be near so much
as where there is as in the case of the Attorney and the
Advocate there are two of them one behind the other; the
consequence is falshood is uttered and is becomes productive of the injustice
which is its object in many a case in which if there were
but one such vitiating falshood promoting medium it either would not be
uttered, or if uttered would not be productive of such its
pernicious effect. Suppose but one such professional lawyer
interposed the Judge might every now and then upon occasion say to him
"But is this exactly what your client told you? and if it
is do you believe it to be correct? If either invented by
himself or not believed by him to be true, the lawyer might in
that case under this apprehension refrain from uttering it,
refrain lest by answers exacted by further interrogation it should be made manifest
either that the client could not have given him any
such information, or that he if given to him he could not
have given credit to it. Interpose now between the Attorney
the Advocate this check the security against falshood vanishes.
What the The Advocate advances he does not so much as profess to have received
from the party – his client. The person the only person from whom he had it is
the Attorney. But with the Attorney in person the Judge does not on this
occasion vouchsafe to
hold conference personal intercourse only
with the Advocate does
the good learned person men who
but t'other day was his
agent does he deign to
hold conference: and this to the profession of this same learned person altogether foreign so much as the profession of being solicitous of obtaining truth out of this
employers mouth.
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