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
And now, inasmuch as almost every word of importance in our language has
more than one meaning, it follows, that in proportion as you multiply
words in a law, or in a legal instrument, you multiply the meanings, and
the chances of mistake, and of course, I may as well say it, of
litigation: and the mere habit of multiplying words as conveyancers and
special-pleaders and speech-makers, being not only a professional habit,
as every body knows, but characteristic of the profession, it may be,
and often is, continued from habit, long and long after it may cease to
appear advantageous or profitable; as in the business of legislation, or
in dealing with a jury, where the lawyer is not paid by the page, but by
the day or the trick. And why? Perhaps my friend Joe may be permitted to
answer. A tailor, while cutting a coat for himself, was seen to slip a
fragment of the cloth into his cabbage-drawer. Amazed at such a
procedure, a new apprentice took the liberty of asking why he did it.
“_To keep my hand in_,” was the answer.
Just so is it with the lawyer. He would use more words than are either
necessary or safe, merely to keep his hand in, if for no other reason.
Just compare a contract entered into between shipping-merchants for the
sale of a cargo, or between other men of business, railroad contractors,
or stock-dealers, involving the outlay of millions, perhaps, with a deed
of trust drawn by a thoroughbred conveyancer, or with articles of
co-partnership by any thing alive in the shape of an attorney-at-law, if
you wish to see the difference between the language of lawyers, and men
of business and common sense.
By this, I would not be understood to say that some lawyers are never
needed for putting the language and meaning of parties into shape; nor
that “I. O. U.” would be a model for a charter-party, or a church
settlement; for I acknowledge that the chief business of the world
cannot be carried on _safely_ without lawyers. I only say, that we have
too many of them; and that they are encouraged to intermeddle more than
is good for themselves, or us, with every sort of business and branch of
the _Lex mercatoria_, and the _Lex non scripta_.
Public-domain text, read in full here on John Shaqi.
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