Graham's Magazine, Vol. XL, No. 3, March 1852Various
Science
Graham's Magazine, Vol. XL, No. 3, March 1852
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
That our legislation is unstable and changing and fluctuating, who will
deny? What great system of national policy have we ever pursued steadily
beyond the terms of two or three of our political chief-magistrates—a
paragraph at most, in the long History of the World?
And how should it be otherwise? Lawyers with us are Conveyancers and
Notaries and Special-Pleaders: and Conveyancers and Notaries and
Special-Pleaders over sea are always, and in our country, almost always
paid by the page; and a certain number of words, you know, constitute a
page at law. Again—so sure is it that a lawyer shall not only be heard,
but paid for his “much speaking,” that I do believe people are often
better satisfied to lose a case with a long speech, than to gain it by a
short one. This may appear somewhat startling; but let us see if, on the
whole, it be not substantially true and no paradox.
A man goes to consult a lawyer—you see how careful I am to distinguish
between the two—and states his case. The lawyer hears him patiently
through—having already touched the fee—and tells him, without opening
a book, or lifting his spectacles, or moving from his chair, that the
question lies in a nut-shell; and that if his view of the law should be
sustained by the court, of which he cannot be sure, it may be settled
easily and at once. Well—the case in due time goes up. The jury are
empanneled; a great speech is brewing on the opposite side; you can hear
the whiz of preparation in the very breathing of the Adversary; but up
rises our friend—by the supposition a very clear-headed, able and
honest lawyer—and so states the principle of law upon which he depends,
that the court rules in his favor, no speeches are made, and the jury
are discharged. And now comes the tug of war. The client begs a moment
of the lawyer’s time, and asks what’s to pay: “Fifty dollars.” “_Fifty
dollars!_—why, sir—pulling out his watch—you were not more than—”
The lawyer bows, and on turning away with a stately air, as of one who
truly respects himself, and will not suffer the dignity of the
profession to be trifled with nor tarnished, is stopped by—“I beg your
pardon, squire—there’s the money. Good morning.” And off goes the
client, who has gained the cause, to complain of the lawyer for
extravagance or extortion; saying that “the case was plain as a
pike-staff—any body might have managed it—could have done it himself
and without help—nothing but a word or two for the court—never opened
his mouth to the jury—and then, whew! what do you think he had the
conscience to charge? why, _fifty dollars!_—would you believe it! Very
well—much good may the fifty dollars do him; it is the last he’ll ever
see of my money, I promise you.”
Public-domain text, read in full here on John Shaqi.
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