Now what of the Bar? Is the barrister after anything other than
his own advancement? He follows what gleam? What are his ideals?
Never mind whether he fails more often or less often than others
to attain them; I am not bothering about that. I only want to
know what it is that he is after. In the quiet hours when we are
alone with ourselves and there is nobody to tell us what fine
fellows we are, we come sometimes upon a weak moment in which we
wonder, not how much money we are earning, nor how famous we are
becoming, but what good we are doing. If a barrister ever has
such a moment, what is his consolation? It can only be that he is
helping Justice to be administered. If he is to be proud of his
profession, and in that lonely moment tolerant of himself, he
must feel that he is taking a noble part in the vindication of
legal right, the punishment of legal wrong. But he must do more
than this. Just as the doctor, with increased knowledge and
experience, becomes a better fighter against disease, advancing
himself, no doubt, but advancing also medical science; just as
the schoolmaster, having learnt new and better ways of teaching,
can now give a better education to his boys, increasing thereby
the sum of knowledge; so the barrister must be able to tell
himself that the more expert he becomes as an advocate, the
better will he be able to help in the administration of this
Justice which is his ideal.
Can he tell himself this? I do not see how he can. His increased
expertness will be of increased service to himself, of increased
service to his clients, but no ideal will be the better served by
reason of it. Let us take a case--Smith v. Jones. Counsel is
briefed for Smith. After examining the case he tells himself in
effect this: "As far as I can see, the Law is all on the other
side. Luckily, however, sentiment is on our side. Given an
impressionable jury, there's just a chance that we might pull it
off. It's worth trying." He tries, and if he is sufficiently
expert he pulls it off. A triumph for himself, but what has
happened to the ideal? Did he even think, "Of course I'm bound to
do the best for my client, but he's in the wrong, and I hope we
lose?" I imagine not. The whole teaching of the Bar is that he
must not bother about justice, but only about his own victory.
What ultimately, then, is he after? What does the Bar offer its
devotees--beyond material success?
Public-domain text, read in full here on John Shaqi.
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