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3 March 1804
Evidence
Nothing can equal exceed the security with which falshood in this case in devious
ways obtains the assistance benefit of an accomplice. Not only no punishment
but scarce any the slightest danger of any the slightest loss of character of
disrepute can attach upon any such exertion of professional interested prudence. The
cause will be lost claim will miscarry: the Attorney foresees it will: – but he has his answer
ready. It was your own doing: did not you say tell me so and so – does it
not appear upon the face of the case which I took down from your mouth,
and which you heard and or read or I was taking after I had perused it?
Was it for me to contract or so much as doubt you in regard to a fact that lay within your
own knowledge? was it for me to charge you with either advancing falshood
or with suppressing or disguising truth? Was it for me to charge you suppose you
capable of deceiving your own adviser, and where the deceipt could not
but operate to your own prejudice?
The professional interest of the Attorney prompts urges him to bring
forward every communication that can tend to bring on promote the institution of the suit, to
keep back every communication that can tend to prevent it: in the
one case to bring forward the false just as much as if they were true,
in the other case to keep back the true, just as much as if they were
false. Is there common sense in the expectation – that the
general course train of conduct should run one in opposition to the general
stream current force of interest?
In their profession, as in another, that instances may not
be found, of here and there an individual, who having laid it down
to himself as an inflexible rule, to attend ex be guided without deviation
by the interest of his client without turnin suffering himself
to be biased by opposite personal interest arising out of his profession –
having been for all laid thus down to himself this course of conduct in the character of an inviolable
rule law should throughout preserve resolution enough to persevere in it,
may is certainly not impossible, and may without danger of material practical
error be conceded. But in this profession of all others – not to speak
of other professions will any one seriously contend that a stream of probity
thus is to be can reasonably be looked for on the part of the bulk of men?
Identifier: | JB/058/346/001 "JB/" can not be assigned to a declared number type with value 58.
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346 |
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jeremy bentham |
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