Courts -- United States; Trial practice -- United States
The jury are not particularly keen about the oratory of the lawyer,
they look upon him as paid to do his part. It is the portion of the
trial they can understand; they have not clearly comprehended what
went before. When the objections were being made and there were the
cross-examination and badgering of witnesses, they could not separate
in their minds the functions of the lawyer and the personality of the
lawyer. It seemed as though he were doing a good many unfair things
and not acting quite up to the mark, but now the atmosphere has
cleared. They can realize that he is only the paid talker for his
client, that he is only making all this noise because that is his
business. To the jury he is the pleader employed as an actor. The
position is simple; if any one would pay them for acting and
gesticulating at so much per day or per hour, they would be very glad
to earn the money.
The client watches the lawyer with affectionate admiration. True, he
did not do exactly as he was wanted during the trial. He should have
asked those questions he suggested, but now he is doing grandly. When
the lawyer is through the client feels splendidly. He sees but one
side of the case and believes in it absolutely. With such a good
talker the jury cannot fail of being convinced.
When the lawyer sits down the client shakes him by the hand and tells
him how well he has done. He might have been willing to settle the
case for a thousand dollars before, but now he wouldn't pay a cent,
not one cent. Later, should the jury find against him, even to the
amount of the thousand dollars which he was willing to pay, he feels
terribly disappointed. There must have been something very much amiss
in the jury-room.
The judge while the summing up is going on, is not very attentive.
His part of the case is over. While the proof was being given he was
alert. True, the charge is coming afterwards, but he knows fairly well
what he is going to say, and it is going to be formal. It is the
function of the judge to control the address of counsel, but the
counsel are sometimes very hard to control.
Public-domain text, read in full here on John Shaqi.
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