The Atlantic Monthly, Volume 06, No. 33, July, 1860: A Magazine Of Literature, Art, And PoliticsVarious
Science
The Atlantic Monthly, Volume 06, No. 33, July, 1860: A Magazine Of Literature, Art, And Politics
Various
American periodicals
before we close, of the charge that he surrendered himself too
completely to his client; but to a great degree the explanation and
the excuse at once lie in this dramatic imagination, which was of the
essence of his genius and influence, and through which he lived the
life, shared the views, and identified himself with a great actor's
realization, in _the part_ of his client.
In making real to himself the nature, life, and position of his
client,--in gathering from him and his witnesses, in the preparation
and trial of his case, its main facts and direction, as colored or
inflamed by his client's opinions, passions, and motives,--and in
seeking their explanation in the egotism and idiosyncrasy which his
own sympathetic insight penetrated and harmonized into a consistent
individuality,--he, of course, knew his client better than his client
knew himself; he conceived him as an actor conceives character, and,
in a great measure, saw with his eyes from his point of view, and, in
the argument of his case, gave clear expression and consistent
characterization to his nature and to his partisan views in their
relations to the history of the case. We have seen his clients sit
listening to the story of their own lives and conduct, held off in
artistic relief and in dramatic relation, with tears running down
cheeks which had not been moistened by the actual events themselves,
re-presented by his arguments in such coloring and perspective.
As a part of this power of merging his own individuality in that of
his client was his absolute freedom from egotism, conceit,
self-assertion, and personal pride of opinion. Such an instance is, of
course, exceptional. Nearly all the eminent jury-lawyers we have
known have been, consciously or unconsciously, self-asserting, and
their individuality rather than that of their clients has been
impressed upon juries. An advocate with a great jury-reputation has
two victories to win: the first, to overcome the determination of the
jury to steel themselves against his influence; the second, to
convince their judgments. Mr. Choate's self-surrender was so complete
that they soon forgot him, because he forgot himself in his case;
nothing personally demonstrative or antagonistic induced obstinacy or
opposition, and every door was soon wide open to sympathy and
conviction. If an advocate is conceited, or vain, or self-important,
or if he thinks of producing effects as well for himself as for his
client, or if his nature is hard and unadaptive,--great abilities
display these qualities, instead of hiding them, and they make a
refracting medium between a case and the minds of a jury. Mr. Choate
was more completely free from them than any able man we ever knew.
Any one of them would have been in complete contradiction to the
whole composition and current of his nature. Though conscious of his
powers, he was thoroughly and lovingly modest. It was because he
thought so little of himself and so much of his client that he never
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