2 - The Morality of Advocacy

Summary

When John Mortimer’s fictional barrister, Horace Rumpole, tells his wife, Hilda, that the principle of his profession is that “I will accept any client, however repulsive”, she responds, “That’s not a principle, that’s just a way of making money from the most terrible people”. The second chapter defends the ethics of the advocate whose task is to be argumentative, inquisitive, indignant, flattering or apologetic – as the occasion demands – on behalf of the person who pays for her voice. The advocate sets out views to which she does not necessarily subscribe, on behalf of clients for whom she may feel admiration, indifference or contempt. That the independent advocate is not to be associated with the opinions or conduct of her client is fundamental to the administration of justice. This chapter also addresses counsel’s duties to the court – often difficult to apply in practice – such as the duty not to mislead. I am often asked – more, I should emphasise, by friends than by judges – “How can you act for such terrible people?”. This chapter is my answer.