The Southern Literary Messenger, Vol. I., No. 11, July, 1835Various
General
The Southern Literary Messenger, Vol. I., No. 11, July, 1835
Various
American literature -- 19th century -- Periodicals
It often happens too, that a lawyer undertakes a suit or defence which
cannot be sustained, and thus involves his client in unnecessary
expense. Such blunders would often be avoided by a ready familiarity
with the science of pleading. The attorney has but to ask himself,
"how shall I frame the declaration or plea?" and the answer shows him
the impossibility of making good his case. He advises accordingly;
and, though the advice be at the moment unpalatable, it will be
afterwards remembered with gratitude and respect. No reproach is
keener or more just, than that of a client who has been decoyed into
expensive litigation by the rapacity of the disingenuous, or the
blunders of the unskilful. A place among those whose advice may be
relied on, is the safest and most honorable at the bar. It cannot be
lost without some great error. It gives a lien on posterity. The
father hands down to the son a respect for his constant and faithful
adviser. Friend communicates it to friend; neighbor to neighbor. The
showy qualities which are the gift of nature to others, are
neutralized by it. The plain man, destitute of such endowments,
becomes the patron, the dispenser of business and benefits to him
whose eloquence shakes the court--commands his gratitude, secures his
friendship, and, on all admissible occasions, makes this envied talent
his own.
There is another subject on which an ever ready preparation is even
more indispensable than on the subject of pleading. I mean that of
_evidence_. On this, of necessity, we have touched but lightly. It
would be properly, one of the principal subjects of a second course.
To stop short between a cursory notice of it and a thorough
investigation, such as we have not had time to make, might mislead the
student. He might overrate his knowledge if he found himself as well
acquainted with that as with other branches of the law; and supposing
he had enough, might venture to the bar without acquiring more. But
this is a topic of which a superficial knowledge will not do, even at
the beginning. It must be understood perfectly; it must be understood
distinctly; it must be wrought into the very texture of the mind, and
ever present there. The occasions on which this knowledge is wanted,
can rarely be anticipated. They start up like fire from the ground,
and he whose information is not various, exact and ready, is liable to
be disconcerted, embarrassed and disgraced. They often occur in those
apparently plain cases, which the partiality of friends sometimes
intrusts to the sole management of an untried lawyer. To be baffled,
through want of skill in such cases, is to injure those who have
sought to serve you. It mortifies and discourages your friends, and
what is worse, it disheartens you.
Public-domain text, read in full here on John Shaqi.
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