London (England) -- Description and travel; London (England) -- History -- 1800-1950
The profession of a barrister is a curious one. Theoretically, he is the
champion and protector of right and justice; but, practically, he often
is but the hired advocate of wrong and injustice. It is only when he
has attained high distinction at the Bar that he can, like Serjeant
Ballantine, be independent enough to say that he will undertake no case
of the justice of which he is not fully satisfied. True, counsel is
assumed to base his arguments on behalf of his client on the
instructions he receives from the solicitor who employs him; yet he,
counsel, having had a legal education, and practice, too, cannot fail to
see the weak points, supposing there are any, in the case before him,
and the evidence adduced in examination and cross-examination must very
soon satisfy him as to the real merits of his case; hence we often see
counsel throwing up his brief. It is related in Laud’s Diary that, when
he was standing one day near his unfortunate master, then Prince
Charles, the Prince said that, if necessity compelled him to choose any
particular profession, he could not be a lawyer, ’for,’ said he, ’I
could neither defend a bad cause, nor yield in a good one.’ By the
Roman laws every advocate was required to swear that he would not
undertake a cause which he knew to be unjust, and that he would abandon
a defence which he should discover to be supported by falsehood and
iniquity. This is continued in Holland at this day, and if an advocate
brings forward a cause there which appears to the court plainly to be
iniquitous, he is condemned in the costs of the suit; and if, in
consequence of this, a cause, just in itself, should not be able to find
a defender because of some strong and general prejudice concerning it,
the court has authority to appoint a counsel.
The universal opinion that advocates are ready to support injustice for
the sake of gain—that they will undertake more work than they can
possibly attend to—is of very ancient date. The Lord Keeper Puckering,
directing attention to the grasping habits which too frequently
disgraced the leaders of the Bar, observed: ’I am to exhort you also not
to embrace multitude of causes, or to undertake more places of hearing
causes, than you are well able to consider of or perform, lest thereby
you either disappoint your clients, when their causes be heard, or come
unprovided, or depart when their causes be in hearing.’ That the
administration of justice is much improved in modern days is
sufficiently proved by the fact that now no judge would be allowed, as
he was in the closing years of the fourteenth century, to give opinions
for money to his private clients, although he was forbidden to take gold
or silver from any person having ’plea or process hanging before him.’
Public-domain text, read in full here on John Shaqi.
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