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
You will be often employed too, to set aside an office judgment, and
plead, _pro forma_, in a case admitting of no defence on the merits.
In such a case, where nothing is expected, your adversary, however
able, may be unprepared through some neglect of his client. Relying on
your rawness and want of skill, he may venture to trial. You strike at
the gap in his armor with the dexterity of a veteran; he is nonsuited,
and your success is the immediate source of honor and emolument. You
find yourself gazed at, followed, and employed by those who never saw
you before, and who know nothing of you but that, in a plain case,
admitting of no meritorious defence, you had just baffled one of the
first men at the bar. The consequence is, you are presently engaged in
business of more consequence, and if you acquit yourself well in it,
your practice is established and your fortune made.
To these two subjects then, of pleading and evidence, I advise you to
apply so much attention as to make you feel sure that you understand
them thoroughly. Having done this, let them be again revised
immediately before you go to the bar, and let them, in all the early
stages of your practice, be the constant objects of your attention and
study. You can never understand them too well, and your knowledge of
the last especially, can never be too ready. It is by ignorance on
these topics, that men lose causes they ought to gain. Such defeats
are disgraceful and ruinous. When the right of the case is against
you, it is your misfortune; but you are never blamed. But to be
defeated with law and fact both on your side, is to be weighed in the
balance and found wanting.
And here let me say a word of the cases which you lose, because the
law is against you. For these there is one short rule. "Though you
lose your case, do not lose your temper." It is easy for a young man
to argue himself into a conviction of the justice of his client's
case; but if you do not make others see it too, you must learn to
distrust that conviction. Remember that the argument which has
convinced you, without convincing others, came to you through the
favorable medium of self-love. A young man who doubts the justice of
his first cause just after having argued it, must be either very dull,
or very philosophical, or the case must have been utterly desperate.
On the other hand, remember that the judge is rarely exposed to any
undue bias. He can scarcely ever have a motive to do wrong; and he is
a man of tried integrity, practised to resist and overcome the
influence of such motives. Then remember that he is old, learned and
experienced, selected from among his fellows for his endowments; and
thus learn to acquiesce in his decisions with that cheerful
complacency which so well becomes a young man, distrustful, as all
young men should be, of his own judgment.
Public-domain text, read in full here on John Shaqi.
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