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
Above all things, never stimulate the dissatisfaction of your client.
You tell him he is wronged. He believes you. _You_ blame the judge.
_He divides_ the blame between the _judge_ and _you_. Was the judge
prejudiced _against you_? Do not say so, or men will not employ you to
practice before him. Was he ignorant? was he dull? was he inattentive?
You had the same chance to awaken his attention, to rouse his dulness,
to enlighten his ignorance, as your adversary. If you did not succeed,
another might, and your client will try another the next time. Let him
believe, if he can bring himself to do so, that he only failed because
the law was against him, and there is nothing to prevent his trying
you again. Better so, than to gratify him for the moment by catering
to his evil passions, at the risque of injustice to another, and
injury to yourself. Apart too from the injustice, prudence forbids
that any blow be struck at men in power, which is not well aimed, and
sure to take effect. He that throws up stones, endangers his own head.
"He that spits against the wind," said Dr. Franklin, "spits in his own
face."
There is another consideration to be regarded here. The profession is
a _unit_. Its respectability depends on that of the head. It is an
arch, of which the bench is the key-stone. Let them who should uphold
it, withdraw their support, and all will fall together. Would you
degrade the seat to which you aspire? Would you dim the lustre of that
honor, which is to be the brightest reward of a life spent in the
labors of your profession? Hardly more unwise is the youth, who would
revoke the prerogatives of age, forgetting that he shall himself be
old.
But there is a present advantage in a gentle and complacent
acquiescence in the unfavorable decisions of the court. It engages the
sympathy, the respect, and good will of all who witness it. Among
others it bespeaks the regard of the judge himself. However impartial
he may be, this will not be without its value. If he is seen to be
your friend, men will employ you, in the _hope_ that his friendship
may produce a bias in your favor. Your very enemies will serve you, by
charging him with partiality, in the hearing of those who may wish to
avail themselves of it by engaging your services. Besides, man is but
man. We lean to conviction from those we love. Why else is the
eloquence of a lovely woman so persuasive? We may man ourselves
against prejudice; but the very effort to do so unfixes the attention,
and the words of one who is odious to us are lost in air. But the
voice of a friend is music to the ear, and sinks into the mind. He is
a poor metaphysician who undervalues the influence of the affections
on the very sense of hearing.
Public-domain text, read in full here on John Shaqi.
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