there are many ways of accounting for them, without having recourse to a
supposition involving such serious imputations upon the honour of
counsel--arising out of _bona fide_ accident and mistake--the
unavoidable hurry and sudden emergencies of business--misunderstandings
between a counsel and his clerks;[B] between either or both, and the
client--and the perplexity and confusion almost necessarily attending
the movements of very eminent counsel. On such occasions every thing is
usually done which can be dictated by liberality and honour, and fees
are returned without hesitation. If, however, the case can be looked at
from another point of view--if the eager client be fairly apprised by
the clerk, that Sir ---- or Mr ---- "may not be able to attend"--or,
"there is a _chance_ of his attending"--or "he is very likely to be
elsewhere"--and, aware of the multifarious and conflicting calls upon
the time of Sir ---- or Mr ----, will be content to take his "chance,"
and deliver his brief, and pay his fee; in such a case the client will
have had all which he had a right to expect,--viz. the chance, not the
certainty; there will be no pretence for alleging careless
misunderstanding or deception.
If ever there were a member of the English bar who may be said to have
been overwhelmed by the distracting importunities of clients to secure
his services, at all hazards and at any cost, it was the late Sir
William Follett; and how he contrived to satisfy the calls upon him, to
the extent which he did, is truly wonderful. How can one head, and one
tongue, do so much, so admirably? is a question which has a thousand
times occurred to those of his brethren at the bar, who knew most of his
movements, and were least likely to form an exaggerated estimate of his
exertions. The litigant public seemed to feel that every moment of this
accomplished and distinguished advocate's waking hours was their own,
and they were restricting his sleeping hours within the very narrowest
limits. Every one would have had Sir William every where, in every
thing, at once! Whenever, during the last fifteen years of his life,
there was a cause of magnitude and difficulty, there was Sir William
Follett. What vast interests have been by turns perilled and protected,
according as Sir William Follett acted upon the offensive or defensive!
Misty and intricate claims to dormant peerages, before committees of
privileges, in the House of Lords; appeals to the High Court of
Parliament, from all the superior courts, both of law and equity, in the
United Kingdom, involving questions of the greatest possible nicety and
complexity--and that, too, in the law of Scotland, both mercantile and
conveyancing, so dissimilar to that prevailing in other parts of the
kingdom; appeals before the Privy Council, from the judicial decisions
of courts in every quarter of the globe where British possessions exist,
and administering varying systems of law, all different from that of
Public-domain text, read in full here on John Shaqi.
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