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Updated: May 15, 2025
As Justice Sharswood remarks of Lord Brougham's "extravagant" claims: "No doubt he was led by the excitement of so great an occasion to say what cool reflection and sober reason certainly never can approve." Yet Lord Brougham does not appear to have suggested, in his claim, that a lawyer had a right to falsify the facts involved, or to utter an untruth.
Woolsey on International Law. No Place for Lying in Medical Ethics. Opinions and Experiences of Physicians. Pliny's Story of Roman Matron. Victor Hugo's Sister Simplice. Words of Abbé Sicard. Tact and Principle. Legal Ethics. Whewell's View. Opinion of Chief-Justice Sharswood. Mistakes of Dr. Hodge. Lord Brougham's Claim. False Charge against Charles Phillips.
III. History of English Law: by Frederick Pollock and Frederic Maitland. 2 vols. Cambridge University Press, 1898 second edition. IV. Commentaries on the Laws of England: by Sir William Blackstone. With notes selected from the editions of Archbold, Christian, Coleridge, etc., and additional notes by George Sharswood, of the University of Pennsylvania. 2 vols.
It is not so much to know the law, ran Henry D. Feldman's motto, paraphrasing a famous dictum of Judge Sharswood, as to look, act and talk as though you knew it. To this end Mr. Feldman seldom employed a word of one syllable, if it had a synonym of three or four syllables, and such phrases as res gestæ, scienter, and lex fori delicti were the very life of his conversation with clients.
Chief-Justice Sharswood, of Pennsylvania, in his standard work on "Legal Ethics," cites this opinion of Whewell with unqualified approval; and, in speaking for the legal profession, he says: "No counsel can with propriety and good conscience express to court or jury his belief in the justice of his client's cause, contrary to the fact.
Now the facts, in the two very different cases thus erroneously intermingled by Dr. Hodge, as given by Justice Sharswood, present quite another aspect from that in which Dr. Hodge sees them, as bearing on the accepted ethics of the legal profession.
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