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 Lawyer and client :their relation, right 
 
 3 1924 018 635 403 
 
Cornell University 
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LAWYER AND CLIENT: 
 
 EELATION, RIGHTS, AND DUTIES. 
 
 BY 
 
 WILLIAM ALLEN BUTLER. 
 
 "All men, at all times and in all places, do Btand in need of 
 Justice, and of Law, which is the rale of Justice, and of the In- 
 terpreters and Ministers of the Law, which give life and motion 
 unto Justice."— Pre/ac« Beaicatory to Sib John Datles's Reports 
 (1615). 
 
 NEW YORK: 
 D. APPLETON & COMPANY, 
 
 549 & 551 BROADWAY. 
 1871. 
 
Emteked, according to Act of Congress, in the year 1871, by 
 
 D. APPLBTON & CO., 
 In tlie Office of tlie Librarian of Congress, at Washington. 
 
UsTTEODUOTOET NOTE. 
 
 The following pages comprise tlie sub- 
 stance of a lecture, delivered on tlie evening 
 of February 3, 1871, before tlie Law School 
 of the University of the City of New York, 
 which, with some additions, is produced in 
 its present form, in compliance with numer- 
 ous requests for its publication. 
 
 In dealing with a subject which involves 
 the discussion of a moral question, requiring 
 a somewhat positive treatment, it is not easy 
 to avoid a tone which may seem occasionally 
 to border upon the dogmatic. But, in en- 
 deavoring to state with some precision the 
 
4 INTRODUCTORY NOTE. 
 
 true principles wMcli apply to the profes- 
 sional conduct and responsibility of the Bar, 
 it has been my aim to give expression to what 
 I believe to be the assured convictions and 
 settled views of the legal profession, accord- 
 ing to its best exemplars, as well as of those 
 moralists whose judgments are most entitled 
 to respect. If, on the other hand, it shall 
 seem to the professional reader that too much 
 prominence has been given to what is obvious 
 and rudimental, it is because I have hoped to 
 interest the client, as well as the lawyer, in a 
 discussion which relates to the rights and 
 duties of each, and which concerns every 
 one. Of the many attempted classifications 
 of the human family, probably none will ever 
 be more satisfactory to our profession than 
 that which divides it into the two great 
 generic classes of Lawyers and Clients. The 
 number of lawyers, though generally con- 
 ceded to be commensurate with the wants of 
 
INTRODUCTORY NOTE. 5 
 
 the community, is comparatively small, while, 
 outside of the profession, every man, woman, 
 and child, either as individual, stockholder, 
 tax-payer, citizen, or inhahitant, at some time 
 or other, directly or remotely, voluntarily or 
 by compulsion, is placed in the position, and 
 mast share the benefits and risks, of a client. 
 
LAWYER AND CLIENT. 
 
 Tn VERY man who subscribes the roll and 
 takes the oath as an attorney and coun- 
 sellor-at-law enters upon a profession which, 
 in the common speech of mankind, is too apt 
 to hare a bad name, but which, by the com- 
 mon action of mankind, so often contradictory 
 of their speech, has always held in trust the 
 highest human interests. The literature of 
 our mother tongue, reflecting the current 
 opinions of each succeeding generation, is full 
 of instances of coarse abuse or sharp satire 
 directed against lawyers, by authors, wits, 
 pamphleteers, and penny-a-liners. It is 
 curious to note that the current of iuTective 
 has often set strongest against the Bar, at 
 the very moment when it was doing its best 
 
8 LAWrSR AND CLIENT. 
 
 and noblest work, in aid of social order or 
 of the progress of the race. In the seven- 
 teenth century, just after Hampden and his 
 noble band had fought in the Courts the 
 battle of English liberty and constitutional 
 law, the Press was issuing tracts with such 
 titles as these : " The Downfall of Unjust 
 Lawyers^ " Doomsday dra/wing near, with 
 Thunder and JjighMmg for Lamyers " 
 (1645, by John Kogers). "J. Bod for the 
 Lcmyers " (1659, by William Cole). " Essay, 
 wherein is described the Smugglers'', Law- 
 yers'', and Officers' Franids'''' (1675). Con- 
 greve, about the same time, makes one of his 
 stage characters say that "a witch will sail 
 in a sieve, but the devil would not ventiire 
 aboard a lawyer's conscience." Ben Jonson's 
 epitaph on Justice Kandall condenses in a 
 couplet the popular estimate of the profes- 
 sion: 
 
 " God works wonders now and tlien, 
 
 Here lyes a lawyer, an honest man." 
 
 Swift, somewhat later, in such pithy English 
 as he alone could command, at the very time 
 
ZAWYJER AND CLIENT. 9 
 
 ■when Chief-Justice Holt had just closed his 
 noble career, and Lord Mansfield was begin- 
 ning to win his great judicial fame, paints 
 the profession as " a society of men, bred 
 up from their youth in the art of proving, by 
 words multiplied for the purpose, that white 
 is black and black is white, according as 
 they are paid." 
 
 Milton describes the lawyers of his day as 
 " grounding their purposes, not on the pru- 
 dent and heavenly contemplation of justice 
 and equity, which was never taught them, 
 but on the promising and pleasing thoughts 
 of litigious terms, fat contentions, and flowing 
 fees,", and his praise of Coke is offset by a 
 censure of his brethren at the Bar.' 
 
 Later than these, John "Wesley, the father 
 and founder of Methodism — who, though 
 
 ' MiltoTi's Sonnet to Gyriac Skinner, a grandson 
 of Lord Coke, opens thus : 
 
 " Cyriao, whose grandsire on the royal bench, 
 Of British Themis with no mean applause, 
 Pronounced, and in his volumes taught our laws, 
 Which others at their Bar so often wrench." 
 
10 ZAWYUR AND CLIENT. 
 
 something of a seer, had no prophetic vision 
 of latter-day Book Concerns and sub-agencies 
 — ^in a discourse on Original Sin, contempora- 
 ry with the Commentaries of Blackstone, and 
 deliyered at a time to which we now look 
 back as the golden age of the administration 
 of justice in Westminster Hall, gives us this 
 portraiture of the Bar, adapted bodily from 
 Swift, though without crediting him with its 
 authorship, a circumstance which certainly 
 takes his invective out of the category of 
 " original " sins : 
 
 " There is a society of men among us, bred 
 up from their youth in the art of proving, 
 according as they are paid, by words multi- 
 plied for the purpose, that white is black and 
 black is white. For example, if my neighbor 
 has a mind to my cow, he hires a lawyer to 
 prove that he ought to have my cow from me. 
 I must hire another to defend my right, it 
 being against all rules of law that a man 
 should speak for himself. In pleading, they 
 do not dwell on the merits of the cause, but 
 upon circumstances foreign thereto. For in- 
 
LAWYER AND CLIENT. \\ 
 
 stance, tliey do not take the shortest method 
 to know what title my adversary has to my 
 cow, but whether the cow be red or black, her 
 horns long or short, or the like — after which 
 they adjourn the cause from time to time, and 
 in ten or twenty years they come to an issue. 
 This society likewise has a peculiar cant or 
 jargon of their own, in which all their laws 
 are written, and these they take special care 
 to multiply, whereby they have so confounded 
 truth and falsehood, that it will take twelve 
 years to decide whether the field left to 
 me by my ancestors for six generations be- 
 longs to me or to one three himdred miles 
 off." 
 
 Even "Wordsworth, the contemporary of 
 Talfourd and Komilly, whose pure verse 
 usually reflects whatever is most exalted and 
 liberal in the forms of thought, in his Poeth 
 Epitaph casts this slur on the profession : 
 
 " A Lawyer art thou ? Draw not nigli ! 
 Go, carry to some fitter place, 
 The keenness of that practised eye, 
 The hardness of that sallow face." 
 
12 LAWYBR AND CLIENT. 
 
 It would be easy to multiply illustrations 
 like these. Our own home literature has 
 always reflected the same sharp contradiction 
 between the prejudices which find vent on the 
 lips of men in their irresponsible and excited 
 talk, or in the rapid utterances of journalism, 
 and the real trust reposed in the essential 
 integrity, good faith, and fair dealing of the 
 Bar. 
 
 The explanation of this seeming contra- 
 diction is not difficult. There are bad men in 
 every calling, and more of them, probably, in 
 the law than in the other learned professions, 
 because of its ampler opportunities and 
 readier means for misdoing; and, according 
 to the custom of men, the worst specimens 
 are those most generally accepted as types 
 of the class, as if, by a perversion of a famil- 
 iar rule, an implied warranty existed that 
 the whole profession corresponded with the 
 damaged sample. 
 
 But, besides this usage, which applies 
 equally to every other profession, and enables 
 those who will to visit on all physicians the 
 
LAWmX AND CLIENT. 13 
 
 reproach of the malpractice of a few, and on 
 all clergymen the scandals and follies of some, 
 and on all Christian men and women the in- 
 consistencies and faults of their fellows, there 
 is another reason why our profession, which is 
 the vehicle and engine of opposing interests, 
 should, as it moves along its track, be covered 
 with this perpetual dust of censure and 
 detraction. The Law is the most positive of 
 sciences, and the most vigorous of human 
 forces. In its practical application to the 
 affairs of men, it is perpetually compelling an 
 unwilling submission to its demands. It 
 makes men give up property which they want 
 to keep, to pay debts which they prefer to 
 owe or to avoid, and to perform obligations 
 which they seek to break. It is perpetually 
 dealing its blows and driving its bolts in the 
 attack or support of some interest of person, 
 or property, or public or social order. Those 
 who practise it as a profession are necessarily 
 placed in an attitude of perpetual antago- 
 nism to members or classes of the community, 
 to individuals or bodies of men. It must, 
 
14 LAWYER AND CLIENT. 
 
 therefore, needs be that offences come ; and 
 the profession as a class has often to assume 
 the defensive against criticism and attack, and 
 to reassert the principles by which its action 
 is guided and governed. 
 
 The relation of lawyer and client embraces 
 tlie most obvious and important duties of the 
 counsel and advocate, and in fact involves the 
 whole administration of the law, so far as it is 
 intrusted to those who are engaged in its 
 practice. A lawyer cannot act at all in his 
 professional sphere in any other relation, and 
 it is one which he seeks to establish between 
 himself and every available member of the 
 community. Certainly, if there is any 
 vacuum which the nature of our profession 
 abhors, it is that created by the want of a 
 client. And, the moment the relation exists, 
 there are certain definite and correlative 
 rights and duties which spring from it and 
 which inhere in its peculiar constitution; 
 and which are, or should be, regulated by 
 principles as definite as those which govern 
 
LAWYUR AND CLIENT. 15 
 
 tKe natural relation of parent and child, or 
 the social relation of husband and wife. 
 
 The relation of lawyer and client is pri- 
 marily one of trust. The lawyer is, in respect 
 to the interest confided to him, more than 
 an agent, he is a trustee. By the etymology 
 of the term " client," tracing it back to its 
 Greek root, we are reminded that, at the 
 beginning, it was the honor and reverence 
 paid by the suitor to the advocate for his care 
 of his interests which gave rise to the name 
 of client. The original definition of the 
 word was " a client, or suitor ; a nobleman's 
 retainer or follower, the scope of whose 
 attendance or duty is to be protected." 
 Under the Eoman law, in the days of the 
 republic, the advocate was sought ont and 
 surrounded by his clients, and attended by 
 them as by a princely retinue. His retainers 
 were those of a feudal baron, and not those 
 of a modern Barrister. He was the patron 
 and protector of his clients, not for hire, but 
 as the guardian and custodian of their rights ; 
 and, in return for his plea at the forum and 
 
16 ZAWYJER AND CLIENT. 
 
 his taxed brain, they gave him their votes, 
 their influence, and their muscle, and formed 
 a kind of body-guard for his personal protection. 
 The modern modes of practice fortunately 
 relieve the lawyer from the constant personal 
 attentions of his clients. Now and then, when 
 an excise law is to be discussed, or a breach 
 of the neutrality acts by ardent Fenians 
 enquired into, or some distinguished cham- 
 pion of the roughs put in momentary peril 
 before a petit jury, the advocate is, as of old, 
 attended in court by a somewhat promiscu- 
 ous delegation of his clients, but, happily for 
 him, it is not the prevailing custom for them 
 all to go home with him. 
 
 Yet the principle which found its ruder 
 and more obvious expression in the Roman 
 practice still underlies the relation of lawyer 
 and client. The lawyer is always the trustee 
 and custodian of the client's rights, and stands 
 in his place in respect to all the interests which 
 are properly confided to him. 
 
 The most common designation of a lawyer's 
 compensation carries with it the idea of the 
 
ZAWYEH AND CLIENT. 17 
 
 trust whicli it rewards. The word fee, so 
 familiar to the ear of the lawyer — a famil- 
 iarity, however, which never "breeds con- 
 tempt " — is derived from the old French fe 
 and the Latin fides, and is akin to the Saxon 
 feoff ot: fief , denoting something which is given 
 by one and held by another, upon an oath 
 or promise of fidelity. So, in the retainer of 
 the counsel, it is implied that, on accepting it, 
 he is committed to the interest of the client 
 by whom it is proffered, and is retained or 
 held for his benefit. 
 
 The lawyer is, in every instance, thus 
 pledged to fidelity to his client, and the oath 
 which he takes, at the outset of his career, 
 binds him, not only. to the support of the or- 
 ganic law of the State, but also to the faithful 
 discharge of the duties of his office of attorney 
 and counsellor. But an honest man is always 
 under oath ; and the sanction of a formal vow 
 adds nothing to the moral obligation springing 
 of itself from the relation of lawyer and client, 
 just as the oath of a witness in court imposes 
 no new obligation to veracity, but only places 
 
18 LAWYER AND CLIENT. 
 
 him in a position of definite responsibility for 
 a falsehood. The lawyer owes his fealty to 
 his client, not on account of his official obliga- 
 tions as an officer of the court, nor on account 
 of the fee, paid or promised or anticipated, 
 but because the man who, unable to act for 
 himself, Beeks him out and places himself in 
 his hands, reposes in him a confidence which 
 can only be met and satisfied by a corre- 
 sponding fidelity. And this fidelity on the 
 part of the lawyer to the trust reposed in him 
 by the client comprehends his whole duty to 
 the client. It implies fidelity at the outset in 
 giving advice, as well as fidelity in managing 
 the affairs or prosecuting or defending the 
 cause of the client. Jeremy Taylor lays it 
 down as a rule that "advocates must deal 
 plainly with their clients, and tell them the 
 true state of their case." This is a sound rule. 
 Physicians may hesitate to tell their patients 
 the truth, for fear of a fatal shock, but the 
 truth told to a client never kills him, however 
 much it may disagree with him. Many a 
 client would be saved time, temper, peace of 
 
ZAWYEH AND CLIENT. 19 
 
 mind, money, and reputation, were he advised 
 at the beginning, what he so often discovers at 
 the end, of a lawsuit, that he has no defence to 
 a debt which he owes, or that he has no remedy 
 for tlie wrong which he seeks to redress. 
 
 Analogous to this is the rule that the 
 lawyer must not be the promoter of litigation, 
 any more than the physician should be the 
 promoter of disease. The law is for the re- 
 dress of wrongs, it is never their cause. 
 The stirring up of lawsuits has always been 
 under the ban of a just public opinion, and 
 the purchase by lawyers of causes of action 
 is included in the censure. It is repugnant 
 to the genius of the law and the sound 
 moral sense of men, and has been repeatedly 
 the subject of express statutory prohibition. 
 The jurisprudence of civilized States con- 
 demns and forbids it. In this State, as long 
 ago as 1807, the Legislature interposed to 
 prevent attorneys from buying notes or 
 claims for the purpose of bringing suit upon 
 them, and declared it a misdemeanor. Public 
 opinion pronounced it to be derogatory to the 
 
20 ZAWYUM AND CLIENT. 
 
 character of a lawyer to be soliciting or pur- 
 chasing business, and thereby causing distress 
 in the community by unnecessary prosecu- 
 tions, and the Legislature said that no man 
 who resorted to such expedients should hold 
 the office of attorney or counsellor in this 
 State. The law was reenacted in 1813 ; and, 
 not being rigorous enough to prevent abuses 
 and evasions, a new and more stringent statute 
 was passed in 1818, which prohibited all pur- 
 chases of claims by attorneys, irrespective of 
 the intent to prosecute them. 
 
 This statute gave great offence to some 
 enterprising attorneys of that day. It was 
 resisted in the courts, but it was sustained and 
 enforced. It was argued, on behalf of the 
 prosecution, that the Legislature had the same 
 right to impose restrictions upon attorneys, in 
 the practice of the law, that it had to regulate 
 inns and taverns, those "Westminster Halls of 
 country justices and itinerant squires. It 
 was optional with the attorney whether or not 
 to practise under such restrictions. This view 
 prevailed, and it was held that the statute 
 
ZAWmE AND CLIENT. 21 
 
 operated as an absolute prohibition against 
 the purchase of notes and claims by attorneys 
 or counsellors. Judge Cowen, in his report 
 of the leading case on this subject, mentions, 
 in a foot-note, that a Mr. Cook, of Saratoga, 
 appeared in court at the term next after the 
 passage of the Act of 1818, and moved to 
 have his own name stricken from the rolls of 
 the court as an attorney and counsellor. It 
 was not that he loved the law less, but he 
 loved the purchase of negotiable paper more. 
 There being no opposition, the Com-t granted 
 the motion, and his name was stricken from 
 the roll.' 
 
 This voluntary martyrdom of the Saratoga 
 attorney perhaps contributed to bring about a 
 modification of the law, which was afterward, 
 on the recommendation of the revisers of our 
 statutes, so amended as to limit its application 
 to cases where the purchase of the claims was 
 made " with the intent and for the purpose 
 
 ' The People vs. Waliridge, 6 Cowen, 512. Note, 
 p. 516. Same case, 3 "Wendell, 120. 
 
22 LAWYER AND CLIENT. 
 
 of bringing suit ; " and, witli this proper quali- 
 fication, it now forms a part of our statute 
 law.' 
 
 This statute recently received a somewhat 
 singular application by a decision of the Court 
 of Appeals, in a case where a prominent 
 member of our own Bar, of honorable record 
 in the public service, while acting in perfect 
 good faith as counsel for a well-known corpo- 
 ration in the city of iN'ew York, and in its 
 special interest, became the purchaser, at a 
 receiver's sale, of sundry claims, an act which 
 he supposed his clients would ratify. After 
 the manner of corporations, it repudiated the 
 purchase. He promptly assumed the owner- 
 ship himself, and brought suit upon the claims. 
 The statute was set up against him, and the 
 Court held that he could not recover. As 
 he shortly afterward died, full of years and 
 honors, he was never prosecuted for a mis- 
 demeanor.' 
 
 " 2 Revised Statutes of N. Y., 288, §71. Remser'8 
 Notes, 3 E. S. (2d ed.), 697. 
 
 ^ Mann vs. Fairchild, 2 Keyes, 106. 
 
zawyeh and client. 23 
 
 It is not enough that the counsel do not 
 promote litigation or speculate in causes of 
 action. He must dissuade his client from 
 commencing suit whenever it is clearly unne- 
 cessary. Lord Tenterden once rehuked an 
 attorney thus : " You say in your evidence 
 that you neither persuaded nor dissuaded the 
 plaintiff when he applied to you on the sub- 
 ject of this action. In that respect you did 
 not do your duty. It was your duty to tell 
 him -that he ought not to bring the action." ' 
 
 This rule is of wide application, and ex- 
 tends to the conduct of a cause as well as to 
 its inception. Sharp practice, sometimes so 
 pleasing to clients and so tempting to attor- 
 neys, and always so odious to judges, doomed 
 to endure the wrangles which it provokes, 
 is no part of a lawyer's duty. The instruc- 
 tions of a client are no excuse for defences for 
 delay or snap judgments, any more than for 
 false or sham pleas." The client has no right 
 
 ' Jaoles vs. Bell, 3 Oarrington and Payne, 316, 
 ' Johmon vs. Alston, 1 Campbell, 176. 
 
24 ZAWYUR AND CLIENT. 
 
 to control the attorney in the orderly conduct 
 of the suit.' This is not only essential for the 
 protection of the lawyer, but also of the client, 
 whose satisfaction at seeing his adversary suf- 
 fer on the sharp points of practice is sensi- 
 bly diminished when his own turn comes to 
 be impaled. 
 
 Equally plain and inflexible is the rule 
 that the lawyer should never aid a client in 
 doing an illegal act in such manner as to 
 evade the law or to escape its consequences. 
 Common-sense, easily and at once, discrimi- 
 nates between the legal advice or action which 
 helps dishonest or crafty men to break the law 
 with impunity and that which lawfully defends 
 them after they are charged with its breach. 
 The lawyer has no right to make himself an 
 accessory before the fact to crime or injustice. 
 He is himself an officer of the law, and to 
 
 Anon., 1 "Wendell, 108. In Pierce vs. Blake, 2 
 Salkeld, 515, Chief-Justice Holt says that "if an at- 
 torney puts in a false plea to delay justice, he breaks 
 his oath, and may be iined for putting a deceit on 
 the court." 
 
LAWr£!R AND CLIENT. 25 
 
 assist in its violation is an act of treason 
 paramount. But, subject to these qualifica- 
 tions, it is equally the duty of the lawyer to 
 undertake the cause of his client, and to 
 prosecute or defend it by all lawful means, 
 whether the interest which it involves be great 
 or small. And here we meet with graver 
 questions touching the lawyer's relation to 
 his client ; questions which touch, at vital 
 points, the general interests of society and the 
 whole body of our profession, and which, like 
 all questions of morals and social duty, assume 
 new interest and importance whenever the 
 public attention is specially concentrated upon 
 them. 
 
 Stated simply, these questions are : First. 
 May a lawyer act at all for a client whose 
 character is bad, or in a cause whose justice 
 he doubts ? Second. "What may he properly 
 do in behalf of the client for whom and in the 
 prosecution or defence of the cause in which 
 he acts? To which we may add a third 
 inquiry : To whom is the lawyer amenable 
 for any supposed infringement of the moral 
 3 
 
26 LAWYSn AND CLIENT. 
 
 code in his acts done for his client and his 
 cause ? 
 
 The virtuous client is no doubt a crown to 
 his counsel. If he is thrice armed who has 
 his quarrel just, the advocate would be invul- 
 nerable, if the suitor whom he represented 
 were perfect. But where is the scrupulous 
 counsel, in satisfying the demands of the censor 
 who requires him to act only for faultless 
 plaintiffs and unblamable defendants, to look 
 for these pattern clients? Perhaps the " babe 
 unborn," so incessantly cited as the ultimate 
 standard of innocence, and who, under the 
 benignant provisions of the law regulating the 
 descent and distribution of estates, is not un- 
 frequently placed in the relation of a client, 
 in cases involving the construction of wills 
 and the disposition of the property of intes- 
 tates, presents a pleasing instance of an abso- 
 lutely blameless client ; but even this innocent 
 subject of equity jurisdiction may, in the 
 course of a protracted litigation, develop into 
 a prodigy of depravity. Fortunately, as the 
 lawyer must take his clients as they come, he 
 
LAWYBH AND CLIENT. 27 
 
 is not the custodian of tlieir consciences. As 
 there is no statute, divine or human, whicli 
 permits a defendant, either in the forum of 
 conscience or the courts of law, to plead the 
 bad character of his creditor in bar of an 
 action for the recovery of his debt ; and, as the 
 worst criminal in the world is entitled to a 
 fau" trial, the footing on which a lawyer stands, 
 while representtag the legal rights of his 
 client, is wholly separated from the standing 
 of his client in his moral or social relations. 
 In other words, while representing my client 
 as to his claims and obligations under the law 
 of the land, I have nothing to do with his 
 obligations to any other law, nor am I in the 
 least degree responsible for them. Let him be 
 ever so delinquent or obnoxious, when viewed 
 in the light of a strict moral scrutiny ; let him 
 be as radically vicious as the love of money, 
 which is the root of all evil, can make him ; 
 let his conscience be seared and desiccated by 
 a half-century of dealing in the most demor- 
 alized department of the dry-goods trade; 
 though he may have hung around the most 
 
28 ZAWYHn AND CLIENl. 
 
 disreputable corners and been dragged out of 
 the dirtiest pools of "Wall Street ; thougb he 
 may, in the very enforcement of his legal 
 rights, break both tables of the moral law, by 
 loving himself supremely, and hating his 
 neighbor with a corresponding intensity ; 
 more than all, though his sole available 
 grounds of defence may be usury and the 
 statute of limitations, yet I am not to forget 
 that I neither made him nor the statutes 
 which he is entitled to plead. I have as clear 
 a right, if I choose to exercise it, to try, by all 
 proper and lawful means, to save his property 
 from execution, as the physician of his choice 
 has to save his body from disease or death, and 
 it may be just as equally my duty to do it. 
 More than this, if my client is a soulless cor- 
 poration, having its being only by virtue of a 
 charter — the result, it may be, of improvident 
 or corrupt legislation — a body politic which 
 cannot be shot at sight by the stockholder 
 whose domestic peace it has ruined, or put 
 into any Coventry of social infamy and dis- 
 grace, or drummed out of an indignant com- 
 
ZAWFER AND CLIENT. £9 
 
 munity — ^yet, as matter of strict professional 
 right, and on grounds of solid public interest, 
 I am as fully justified in representing it in the 
 courts, as to its legal rights, in all fair and 
 honorable ways, as if it were the most be- 
 neficent institution that philanthropy ever 
 founded or benevolence ever administered. 
 The highest human interests are involved in 
 the assertion and exercise of this right of the 
 lawyer to see to it, whenever called upon, 
 that the judgments, favorable or unfavorable, 
 just or unjust, right or wrong, of men or com- 
 munities, as to the morality or immorality, 
 good character or bad character, innocence 
 or guilt, of his client, either generally or in 
 respect to his attitude as a suitor, shall not, 
 under any pretence, stand in the stead of the 
 law and the evidence by which that client 
 has a right to be judged. 
 
 It is true that many considerations may 
 properly influence a lawyer in excluding from 
 the range of his professional activities causes 
 and clients of doubtful character or reputa- 
 tion, or involved in public odium or disgrace. 
 
30 LAWYER AND CLIENT. 
 
 The defence of criminals is not a part of the 
 general business of the lawyer in full 'practice 
 in the civil courts, and is distasteful to most of 
 our profession ; and there may be parties so 
 notoriously in league against the general 
 interests of society as to mate them common 
 enemies, whom it would seem disloyal to 
 defend or to represent. But this is not to 
 obscure or to distort our view of the absolute 
 right of the lawyer to represent and serve 
 the client, however otherwise condemned, 
 who is not yet condemned by the law; and, 
 in the exercise of this right, no man or num- 
 ber of men may lawfully come between him 
 and his client. This is the principle for which 
 ErsMne sacrificed his position as Attorney- 
 General of the Prince of "Wales, and his hope 
 of higher preferment by the Crown, in his 
 memorable defence of Thomas Paine, for the 
 publication of his "Eights of Man." It is 
 not to be supposed that his personal sympa- 
 thies were any more on the side of his client 
 than they were four years later, when he 
 was counsel for the prosecution against the 
 
LAW TUB ANB CLIENT. 3I 
 
 publisher of the "Age of Eeason" by the 
 same pernicious author; but he was not to 
 be turned aside from the plain path of pro- 
 fessional duty, either by a mistaken popu- 
 lar clamor or by the solicitations of the heir- 
 apparent to the throne. " If the advocate," 
 he said, in his speech on this memorable trial, 
 " refuses to defend, from what he may think of 
 the charge or the defence, he assumes the char- 
 acter of a judge — nay, he assumes it before 
 the hour of judgment ; and, in proportion to 
 his rank and reputation, puts the heavy 
 weight of, perhaps, a mistaken opinion into 
 the scale against the accused, in whose favor 
 the bencTolent principle of the English law 
 makes all favorable presumptions, and which 
 commands the very judge to be his coun- 
 sel." ' 
 
 It is a source of unfeigned satisfaction to 
 me that the last professional effort of my own 
 father illustrated this plain principle. He 
 gave the energies of an almost exhausted life, 
 
 ' Befenoe of Thomas Paine, Erskine's Speeches, 
 vol. 2, p. 270. 
 
32 LAWYER AND CLIENT. 
 
 chiefly from a sense of duty, in favor of one 
 "who, from his religious faith as an Israelite 
 and from other causes of personal prejudice, 
 had become most obnoxious in the depart- 
 ment of the public service to which he be- 
 longed, so that, after having been visited 
 with nearly every form of punishment 
 which it could inflict for oflfences, magni- 
 fied by the rancor of an almost unanimous 
 hostility, he was virtually dismissed from 
 the service, under the provisions of a law set 
 in motion against him by the same undeviat- 
 ing prejudice. His case was a desperate and 
 an unpopular one. There was a wide diver- 
 gence between the faith, the training, and the 
 culture of client a,nd counsel, but the result 
 vindicated the righteousness of the cause ; the 
 barrier of caste was swept away by the strong 
 hand of justice, and the prejudice hid itself 
 from that impartial light in whose clear ray, 
 when permitted to shine without obscurity by 
 human passion, there is " neither circumcision 
 nor uncircumcision, barbarian nor Scythian, 
 bond nor free." 
 
ZAWriJJi AND CLIENT. 33 
 
 But, while the lawyer is not responsible 
 for the character of his client, how far is he 
 responsible for the character and conduct of 
 his cause? Suppose the lawyer, upon the 
 presentation of the facts by his own client, 
 doubts the justice of the case, or that his 
 individual opinion is against his client % Of 
 course there are numberless instances where 
 the counsel can and should, in such a contin- 
 gency, prevent or stop litigation, and where 
 this plain duty is discharged; but there are 
 many cases, where men are compelled to de- 
 fend suits brought against them, or to answer 
 to charges of crime, or where litigation is 
 made inevitable by circumstances, or where 
 a counsel is retained to try or argue causes 
 which he did not promote. Assuming that 
 there are two sides to the case, may the 
 lawyer honestly represent the side whose 
 justice he doubts, and use his faculties in the 
 prosecution or defence of a cause which he 
 thinks that he would, were he the judge, de- 
 cide against himself? 
 
 This is a question over which the casuists 
 
34: LAWYSE AND CLIENT. 
 
 have labored, and one in respect to -whicli it is 
 easy to create a confusion of ideas — because, in 
 asserting tbe right of the lawyer to present the 
 cause of his client, and to support it by every 
 argument which can be adduced in its favor, 
 however well assured he may be, as a matter 
 of private conviction, that the law is against 
 him, we claim an apparent exemption, as a class, 
 from the operation of principles which, we all 
 admit, should gOYcrn men in the ordinary af- 
 fairs of life. Truth is, of course, the sole and un- 
 erring test and standard of right human speech 
 and action. But the truth of facts, which are 
 the subjects of positive knowledge, and as to 
 which deception, concealment, or subterfuge, 
 is always wrong, is one thing, and truth ascer- 
 tained or established by the application of the 
 rules of law to those facts is another thing ; 
 and, while the object of every legal proceeding 
 is to ascertain and establish the truth, wher- 
 ever there is room for argument and for 
 opposing views, it is necessary and essential 
 that both sides and every view should be 
 presented. This the proper administration of 
 
ZAWYUE AND CLIENT. 35 
 
 the law requires, and the interests of truth and 
 justice require. 
 
 The saying of Democritus, quoted by Lord 
 Bacon, that " truth lies in profound pits, and 
 when it is found needs much refining," is 
 most applicable to the processes of the law. 
 The reports of adjudged cases, which are the 
 great reservoirs of legal science, are per- 
 petual witnesses to the general fidelity, integ- 
 rity, and care with which the Bench, aided by 
 the Bar, has always sifted truth from error, 
 and, in the main, reached right conclusions 
 at last. But such conclusions cannot be 
 arrived at in any other method than that 
 which the law provides.' A decision without 
 argument, or on a hearing of only one side, 
 
 ^ "Justice," says Sydney Smith, "is found experi- 
 mentally to be the best promoted by the opposite 
 eiforts of practised and ingenious men, presenting to 
 the selection of an impartial judge the best arguments 
 for the establishment and explanation of truth. It 
 becomes, then, under such an arrangement, the 
 decided duty of an advocate to use aJl the arguments 
 in his power to defend the cause he has adopted, 
 and to leave the effects of those arguments to the 
 judgment of others." 
 
36 LAWYER AND CLIENT. 
 
 does not weigli and cannot control. Men 
 will never be bound by ex-parte decisions and 
 judgments. The same instinct wMcli is 
 sbocked by tbe judge ■wbo determines after 
 bearing only one side, justifies tbe advocates 
 who severally present and argue eacb side. 
 
 The least suspicion of partiality on the part 
 of the judge is fatal to his good repute ; but 
 it is between opposing views, as well as oppos- 
 ing parties, that he must hold the scales with 
 an equal hand. In George Whetstone's elegiac 
 verses on the Lord Keeper, Nicholas Bacon 
 (1579), he describes him thus : 
 
 " His head was staled, ' . . . . 
 
 To hear complaints one eare was stUl awake, 
 
 The other slept till the defendant spake." 
 
 This somewhat grotesque picture embodies 
 the true idea of the impassive, imperturbable 
 attitude of the judicial mind, whose ofiice is 
 equally to hear as to detennine. 
 
 Dr. Johnson, in his rough way of moral- 
 
 ' Probably the original Saxon equivalent for the 
 popular Western encomium, "Sis head is level.'''' 
 
LAWYER AND CLIENT. 37 
 
 king, presents what may be called the butt- 
 end of the argument in favor of the absolute 
 exemption of the lawyer from any responsi- 
 bility as to the right or wrong of his client's 
 cause. 
 
 Boswell inquires whether, " as a moralist, 
 he did not think that the practice of the 
 law, in some degree, hurt, the nice feeling of 
 honesty." 
 
 Johnson: "Why, no, sir, if you act 
 properly. Tou are not to deceive your cli- 
 ents with false representations of your opin- 
 ion ; you are not to tell Ues to a judge." 
 
 Boswell : " But what do you think of 
 supporting a cause which you know to be 
 bad ? " 
 
 Johnson : " Sir, you do not know it to be 
 bad until the judge determines it. I have said 
 that you are to state facts fairly — so that your 
 thinking, or what you call knowing, a cause to 
 be bad, must be from reasoning, must be from 
 supposing your arguments to be weak and 
 inconclusive. But, sir, that is not enough. 
 An argument which does not convince your- 
 
38 LAWYBM AND CLIENT. 
 
 self may convince the judge to whom you 
 urge it ; and if it does convince him — then, 
 sir, you are wrong and he is right. It is his 
 business to judge, and you are not to be con- 
 fident in your opinion that a cause is bad, but 
 to say all you can for your client, and then 
 hear the judge's opinion." 
 
 Boswell: "But, sir, does not affecting 
 warmth when you have no warmth, and ap- 
 pearing to be of one opinion when you are 
 really of another opinion, does not such dis- 
 simulation impair one's honesty ? Is there not 
 some danger that a lawyer may put on the 
 same mask in common life ? " 
 
 Johnson : " Why, no, sir ; every one knows 
 you are paid for affecting warmth for your 
 client, and it is therefore no dissimulation. 
 Sir, a man will no more carry the artifice of 
 the Bar into the intercourse of society, than a 
 man who is paid for tumbling upon his hands 
 will continue to tumble when he should walk 
 upon his feet." ' 
 
 ' BoswelVs Life of Johnson (Crocker's ed.), vol. 
 iii., p. 36. A further discussion of the question is in 
 
LAWY£;ji AND CLIENT. 39 
 
 The basis of this reasoning of Dr. John- 
 son, and of all kindred arguments in support 
 of the lawyer's right to represent and advo- 
 cate the client's cause, irrespective of its in- 
 trinsic merits, is manifestly the right of the 
 client to be heard as to his cause. Bishop 
 "Warbm'ton says of Cicero that he personated 
 his client and spoke for him, and he adds : 
 " Though some of those who call themselves 
 casuists have held it unlawful for an advocate 
 
 vol. iv., p. 16, as follows: "We talked of the prac- 
 tice of the law. Sir "William Forbes said he thought 
 an honest lawyer should never undertake a cause 
 which he was satisfied was not a just one. 'Sir,' 
 said Dr. Johnson, ' a lawyer has no business with 
 the justice or injustice of the cause which he under- 
 takes, unless his client asks his opinion, and then he 
 is bound to give it honestly. The justice or injustice 
 of the cause is to be decided by the judge. Consider, 
 sir, what is the purpose of courts of justice ? It is that 
 every man may have his cause fairly tried, by men 
 appointed to try causes. A lawyer is not to tell what 
 he knows to be a lie ; he is not to produce what he 
 knows to be a false deed — but he is not to usurp the 
 province of the jury and of the judge, and determine 
 what shall be the effect of evidence — what shall be 
 the result of legal argument. As it rarely happens 
 that a man is fit to plead his own cause, lawyers are 
 
40 LAWYMB AND CLIENT. 
 
 to defend what he thinks an ill cause, yet I 
 apprehend it to be the natural right of every 
 member of society, whether accusing or ac- 
 cused, to speak freely and fully for himself. 
 And if, either by a legal or natural incapacity, 
 this cannot be done in person, to have a proxy 
 provided or allowed by the state to do for him 
 what h« cannot or may not do for himself. I 
 apprehend that all states have done it, and 
 that every advocate is such a proxy." 
 
 The practical difficulty, however, is not so 
 
 a class of the oommumty who, by study and experi- 
 ence, have acquired the art and power of arranging 
 evidence, and of applying to the points at issue what 
 the law has settled. A lawyer is to do for his client 
 all that Ms client might fairly do for himself, if he 
 could. If, by a superiority of attention, of knowledge, 
 of skill, and a better method of communication, he 
 has the advantage of his adversary, it is an advan- 
 tage to which he is entitled. There must always be 
 some advantage on one side or other, and it is better 
 that advantage should be had by talents than by 
 chance. If lawyers were to undertake no causes tni 
 they were sure they were just, a man might be pre- 
 cluded altogether from a trial of his claim, though, 
 were it judicially examined, it might be found a very 
 juat claim.' " 
 
LAWTSE AND CLIENT. 41 
 
 much in respect to the right of representing 
 and arguing the client's cause, as in respect to 
 the extent to which the counsel can go in his 
 behalf. All lawyers are familiar with Lord 
 Brougham's famous (perhaps, in a strictly- 
 moral view, infamous) assertion of the law- 
 yer's privilege and duty, in the course of his 
 defence of Queen Caroline. " An advocate," 
 he says, " in the discharge of his duty, knows 
 but one person in the world, his client, and no 
 other. To save that client, by all expedient 
 means, at all hazards and cost to others, and, 
 among others, himself, is the highest and most 
 unquestioned of his duties, and he must not 
 regard the alarm, the suffering, the torment, 
 the destruction, which he may bring upon 
 others — ^nay, separating even the duties of a 
 patriot from those of an advocate, and casting 
 them, if need be, to the wind, he must go on, 
 reckless of the consequences, even if his fate 
 should unhappily be to involve his country in 
 confusion for his client ! " This was a high 
 and somewhat rapid flight of oratory, far be- 
 yond any justifiable limit of duty or privilege. 
 
42 lAWT£!Ji AND CLIENT. 
 
 The doctrine which it conveys is not the creed 
 of the Bar here or in England, nor do I see 
 how it can be accepted as the creed of any 
 right-minded lawyer. It is rarely quoted, ex- 
 cept to be condemned. Its last citation, with 
 any apparent approbation, within my own rec- 
 ollection, was at a recent criminal trial, where 
 the presiding judge read it to the jury in his 
 charge, deeming it, as he is reported to have 
 said, his duty to repeat to them the extreme 
 rule governing the duty of a counsel, as laid 
 down by Mr. Brougham, in his defence of 
 Queen Caroline, adding : " As he afterward 
 became Lord Chancellor, and lived, I believe, 
 for ninety years, and as the extract appears in 
 his published works, it may be presumed to 
 remain at least of the same value it possessed 
 when stated. I do not say whether I ap- 
 prove of it or disapprove of it ; I state it as 
 the extreme view, and one which any counsel 
 for defence might adopt with conscientious be- 
 lief in it.'" 
 
 • Trial of Daniel McFarland. W. E. Hilton, New 
 York, 1870. Charge of Recorder Hackett, p. 218. 
 
LAWYER AND CLIENT. 43 
 
 The ground on which this bad example of 
 a counsel, who became a Lord Chancellor, was 
 thus given to the jury, in extenuation of the 
 oifence of its imitators, seems to have been not 
 so much that Lord Brougham put forth his 
 extravagant claim for the licence of the advo- 
 cate, as that he never took it back, notwith- 
 standing the extended loaus penitentioe which 
 his fourscore years and ten afforded. In fact, 
 he reiterated it, in substance, not long before 
 his death, on a public occasion, signalized by- 
 the presence of several hundred of the leading 
 barristers of England, assembled to do honor 
 to the eminent French advocate, M. Berryer.' 
 
 ' Lord Brougham, in this after-dinner speech, Hk- 
 ened Berryer to Erskine, saying that in both was ob- 
 served the first great quality of an advocate, " to reckon 
 every thing subordinate to the interests of his clients.'''' 
 Lord Chief-Justice Oockburn, who followed Lord 
 Brougham, said, in obvious reply, that " the arms 
 which an advocate wields he ought to use as a war- 
 rior, not as all assassin. He ought to uphold the 
 interests of his clients ^«r /aw and not ^er nefas.'''' For 
 this citation I am indebted to the admirable address 
 of Benjamin D. Silliman, Esq., before the graduating 
 class of the Law School of Columbia College, 1867. 
 
44 LAWYUE AND CLIENT. 
 
 And yet, looking back at the earlier utterance, 
 at tlie outset of a career marked by so much 
 vigor of intellect, and such varied efforts for 
 the welfare of mankind, I cannot but think 
 that as the vrords we condemn were evoked by 
 the heat of an unparalleled trial, his client a 
 woman and a queen, with " millions of jealous 
 eyes " ' watching the conduct and issue of the 
 cause, they flashed out in the enthusiasm and 
 ardor of the moment, from an impulse such 
 ■as that under which Burke, in his picture of 
 that other ill-starred queen, says, " Ten thou- 
 sand swords should have leaped from their 
 scabbards to avenge even a look that threat- 
 ened her with insult ! " 
 
 In the experience of the profession it has 
 only been in criminal cases that this heresy of 
 Lord Brougham has ever been invoked on be- 
 half of counsel or in aid of client. It was car- 
 ried to its most alarming extent in the cele- 
 brated case of Courvoisier, the valet of Lord 
 "William Eussell, tried at the Old Bailey in 
 
 ' Brougham's Speeches. Adam and Charles Black, 
 Edmburgh, 1838, vol. i., p. 103. 
 
ZAWrSR AND CLIENT. 45 
 
 June, 1840, for the murder of Ms master. The 
 prisoner was defended by Charles Phillips, one 
 of the leading barristers of London, who con- 
 ducted the cause of his client with great skill, 
 and whose summing up to the jury was a most 
 powerful and impressive appeal. He not only 
 sought to destroy the effect of the evidence 
 against his client, but to cast suspicion upon 
 another member of the household, and suc- 
 ceeded so far as to cause the jury, against the 
 clearest evidence, to hesitate for some time be- 
 fore they brought in the verdict of guilty, from 
 which the evidence left no escape. It turned 
 out that, before the summing up, the wretched 
 murderer had made a full confession of his 
 guilt to his counsel, who carried the secret in 
 his breast, at the very moment that he was 
 using every art and artifice to persuade the 
 jury of the innocence of his client, and to 
 poison their minds against another, and she 
 an innocent woman. The fact became known, 
 and the practical test to which the doctrine of 
 Lord Brougham was thus subjected, like the 
 touch of Ithuriel's spear, caused it to start up. 
 
4:6 LAWYER AND CLIENT. 
 
 before the public view in a form peculiarly 
 odious and hateful. Macaulay, in one of his 
 most brilliant essays not long before, had 
 asked the question, in reference to this very 
 doctrine, "whether it was agreeable to reason 
 and morality, whether it be right that a man 
 should, with a wig on his head, and a band 
 round his neck, do for a guinea, what, without 
 those appendages, he would think it wicked 
 and infamous to do for an empire ? Whether 
 it be right that, not merely believing, but 
 knowing a statement to be true, he should do 
 all that can be done by sophistry, by rhetoric, 
 by solemn asseveration, by indignant exclama- 
 tion, by gestures, by play of features, by terri- 
 fying one honest witness, by perplexing an- 
 other, to cause a jury to think that statement 
 false ? " After the case of Courvoisier, public 
 sentiment was disposed to answer that ques- 
 tion in the negative, and to deny the right to 
 exercise so dangerous a power even in the de- 
 fence of an interest so sacred as human life. 
 
 Is there a,ny real difficulty in reaching a 
 just and safe conclusion on this vexed point ? 
 
ZAWYSR AND CLIENT. 4.7 
 
 The doctrine, as stated by the authorities I 
 have cited, and put in practice in the case I 
 have quoted, goes too far. But the danger is 
 in the overstatement and the improper appli- 
 cation, rather than in the rule itself. "Within 
 a certain and definite limit, it is true that the 
 lawyer must, in the interest of his client, 
 whenever any real case exists, sometimes 
 forego his own opinion, and surrender his own 
 judgment, and plead against his own convic- 
 tions, and even succeed against his own ex- 
 pectations. This is because his client has a 
 right to have his case determined by the 
 Court, and not by his counsel, whose business 
 it is to argue it. No one has made the lawyer 
 a judge, or a divider, and the law is never 
 determined as to any particular case ijntil it 
 has been tried in due course. So far. Dr. 
 Johnson is right, and all the other moralists, 
 from Paley down, who assert the duty and the 
 privilege of the advocate to act on behalf of 
 his client, whatever may be the issue of the 
 cause, or his own belief in its justice ; and who 
 claim that he may, in the discharge of that 
 
48 LAWYER AND CLIENT. 
 
 duty, and the exercise of that privilege, pre- 
 sent the case, however doubtful, in its best and 
 fairest light. But it is the case which he is to 
 present, and nothing else. He may urge ar- 
 guments and advance reasons, which go for 
 what they are worth, the rule in respect to a 
 lawyer's logic being always caveat curia ; but 
 he has no more right to lie or to cheat in the 
 interest of his client in court, than he would 
 have to lie or to cheat in his own interest out 
 of court. The lawyer's rhetoric and his logic 
 may be as wide and Tarious as the four quar- 
 ters of the globe, but they must " turn on the 
 poles of truth." He has not the license of the 
 actor, who is known to be playing a part, and 
 therefore deceives no one in his assumed char- 
 acter; nor of the novelist, whose art is best 
 employed in making fiction resemble truth. 
 He is not a gladiator, who hacks and thrusts 
 with venal weapons indifferently in any quar- 
 rel, still less is he an irresponsible part of 
 " the machine of justice," ' without soul or 
 
 ' " That the advocate is a part of the machine of 
 justice," is the theory in substance proposed by Mr. 
 
ZAWYHE AND CLIENT. 49 
 
 conscience, flying like a shuttle from one side 
 to tlie other, through the intricate threads 
 and meshes of law and fact, out of which are 
 woven the warp and texture of the law. I 
 cannot believe that anywhere, under any cir- 
 cumstances, has any client a right to expect 
 his lawyer, while claiming to the utmost the 
 benefit of his statutory rights and privileges, 
 to break in his behalf any one of the Ten 
 Commandments, or to violate a single obliga- 
 tion of a true Christian manhood. 
 
 In the application of this rule, every law- 
 yer must be a law unto himself. It would be 
 just as impossible to determine in advance its 
 precise scope and applicability, as it would be 
 to apply the moral law beforehand, so as to 
 adapt it to the ever-varying circumstances of 
 social and domestic life, and the ever-recur- 
 ring questions of duty and of interest. I 
 
 Basil Montagu, in Ms little tract describing tie char- 
 acter of a barrister, etc. See O'Brien's "Lawyer." 
 London, Pickering, 1842 — a quaint treatise " after tlie 
 manner of George Herbert's Country Parson," where 
 this and other pleas for a lawyer's irresponsibility are 
 condemned, and an elevated morality enjoined. 
 5 
 
50 zawyeh and client. 
 
 know that there are tender and sensitive 
 moral organizations, which shrink from the 
 pursuit of a profession which subjects its mem- 
 bers to the necessary and inevitable ordeal of 
 such a discipline. One of the most eminent 
 divines of this city, the predecessor in office 
 of the rector of one of our leading churches 
 of the Episcopal denomination, abandoned 
 the profession of the law, in mature life, after 
 attaining a fair position at the bar, upon the 
 ground, as recorded in his published corre- 
 spondence, that while in the conduct of his 
 professional pursuits he had endeavored to 
 maintain fidelity toward all, he had often ad- 
 vocated causes against which, as a judge, he 
 would have pronounced ; and had sometimes 
 been obliged to make himself the organ of the 
 passions and feelings of others, in a way that 
 it would not be possible for him any longer to 
 do, and preserve that consistency of character, 
 and that peace of mind, at which it was his 
 settled purpose to aim.' Doubtless there was 
 
 ^ Stone's Life of Milner (American Tract Society), 
 p. 131. 
 
ZAWTIJIt AND CLIENT. 51 
 
 here a liigli degree of conscientiousness, con- 
 stituting, perhaps, in this individual instance, 
 one of the elements of a divine call to another 
 sphere of dutj, but as a rule of general ap- 
 plication it indicates a standard 
 
 . . . . " too bright and good 
 For lnunan nature's daily food." 
 
 For other men, and in the exercise of the 
 truest courage, I cannot but think that in the 
 face of such a peril resistance is better than 
 flight. If lawyers are to try only the cases in 
 which there is no room for doubt, if infallibil- 
 ity is the test of legal integrity, if we must 
 search with lighted candles for honest clients, 
 if the advocate cannot pursue his calling with- 
 out mating himself the organ of bad passions 
 and evil principles, then no man can safely 
 pursue at the same time the practice of the law 
 and the practice of virtue — we must all turn 
 our backs on the profession, and remit society 
 to the natural laws of self-protection and the 
 police force of the State. But there is no such 
 alternative. No heavier burden is laid upon 
 the conscience of a lawyer than on that of 
 
52 ZAWY:EIi AND CLIENT. 
 
 every other man in whatever lawful pursuit 
 he may be engaged. The temptations may be 
 greater, but the education is more thorough. 
 The dividing line between right and wrong 
 ought to be most clearly discerned by those 
 who are trained to distinguish it. The lawyer's 
 conscience as well as his intellect may find in 
 his own calling the truest means of culture.' 
 
 ' Coleridge, surveying the profession from a philo- 
 sophical stand-point, declares his conviction that "an 
 advocate is placed in a position unfavorahle to his 
 moral being and to his intellect also in its higher pow- 
 ers ; " he recommends that he devote " a part of his lei- 
 sure time to some study of the metaphysics of the mind, 
 or metaphysics of theology ; something which shall call 
 forth all his powers and centre his wishes in the inves- 
 tigation of truth alone, without reference to a side to 
 he supported." " Some such studies," he says, " are 
 wanted, to counteract the operation of legal studies 
 and practice, which sharpen indeed, but, like a grind- 
 ing-stone, narrow while they sharpen — " ("Table 
 Talk," vol. ii., p. 7). This view is less keen than nar- 
 row. It presupposes that legal studies are always with 
 reference to a side to be supported, which is incorrect, 
 and overlooks the fact that the only thorough and safe 
 method of study for a lawyer is that which candidly 
 investigates the truth of the case, and comprehends 
 both sides in its preparation for the argument of one. 
 After all, it is the native cast of the intellect which pre- 
 
ZAWYHJR AND CLIENT. 53 
 
 There may be and there are abuses and wrongs 
 constant and grievous, which bring reproach 
 upon the profession ; and yet it remains true 
 that all the foundations of society would be 
 unsettled if men were not assured that they 
 could rely, in all emergencies, upon a fair 
 prosecution or defence of every right which 
 a citizen may claim in a free country, 
 which the courts are open to determine, and 
 which a class of men is specially trained to 
 discuss. 
 
 But we are not to rest the privilege of the 
 advocate upon a mere defence of the principle 
 which sanctions it. It is the glory of our pro- 
 fession, and the great solace as well as the 
 frequent reward of its toils, that in every case 
 in which the labor of the lawyer is rightly 
 pursued and faithfully performed, a positive 
 
 determines the scope of the mental powers in the study 
 of any science. Burke justly says that the law is "a 
 science which does more to quicken and invigorate the 
 human understanding than all other kinds of human 
 learning put together ; but it is not apt, except in per- 
 sons very happily born, to open and liberalize the 
 mind exactly in the same proportion." 
 
54 • zawybh and client. 
 
 result is reached which, besides determining 
 the rights of the immediate parties, adds, in 
 its measure, something to the great body of 
 jurisprudence and of the law. The discus- 
 sions and debates of lawyers in the courts do 
 not, like so many of the controversies which 
 employ the tongues and pens of other dispu- 
 tants, end as they begin, in a conflict of opin- 
 ions beyond the possibility of final arbitra- 
 ment or decision. The verdict of the jury 
 ends the trial, and the judgment follows. 
 There may be review and reversal and rehear- 
 ing, but at the end, and in the court of last 
 resort, there is at once a limit to the argu- 
 ment and an absolute end of the strife. The 
 uncertainties of medical science which point 
 the proverbial inquiry — 
 
 " "Wlio sliall decide when doctors disagree ? " 
 
 indicate no corresponding perplexity in the 
 law, which embodies in itself the amplest 
 powers of determining the diificulties which 
 it provokes. The odium theologicum is 
 
ZAWrUR AND CLIENT. 55 
 
 only another name for the inextinguishable 
 flames of controversy on questions in respect 
 to which there can be no binding rules of uni- 
 versal application. It is only in the realm of 
 legal science that discussion and debate lead 
 by prescribed and definite . paths to certain 
 and unchangeable decrees. 
 
 Let it, then, be clearly understood, in our 
 behalf who are lawyers, that we are the min- 
 isters of justice and not its dispensers ; that 
 we are not responsible for our clients, nor, 
 in any sense, properly their representatives, 
 save as respects the legal rights confided to 
 our care ; that we are not responsible for bad 
 laws which we did not make, enacted by 
 legislators against whom we probably voted, 
 nor for bad judges, the results of a system 
 against which we may have struggled, but 
 which we cannot change ; that of our clients' 
 rights we are the trustees and custodians, 
 not as our property but theirs, for whose pro- 
 tection and enforcement we are to use our 
 best endeavors in their behalf, and not in our 
 own ; that in the discharge of this trust we 
 
56 ZAWr^R AND CLIENT. 
 
 have a right to do whatever our client would 
 have a right to do himself, were he qualified 
 to act in person ; that whatever he could do 
 without violating any natural, moral, or stat- 
 ute law, for himself, we may do for him ; and 
 that whenever his cause requires, or his so- 
 licitation tempts us, to do what is wrong or 
 mean, what if he did himself we should con- 
 demn, he forfeits the relation of client, and 
 we stand discharged of our trust. 
 
 It is certain that a just and enlightened 
 sentiment on this subject will permit of no 
 wider license for the Ear, nor does any honest 
 cause require it. Aside from local (and, it is 
 to be hoped, temporary) hinderances to the 
 real progress of the profession, the general in- 
 telligence is so far in advance of what it was, 
 the rules of law are so much better under- 
 stood, the rights of men are settled on so 
 much surer foundations, that there is really 
 no more excuse for tolerating a system of legal 
 warfare which involves subterfuge and deceit, 
 and which makes the court-room an ambus- 
 cade, than there is for going back to the bar- 
 
ZAWr^m AND CLIENT. 57 
 
 barous law Latin and law French of former 
 times, over whose disuse Blackstone so elo- 
 quently grieved. We have dispensed with the 
 wigs, bands, and gowns, and other parapher- 
 nalia of the English Bench and Bar ; and as 
 we are far in advance of many of their ancient 
 prejudices and old forms, in the administra- 
 tion of justice, it would seem to be the prov- 
 ince of our American jurisprudence, which 
 grapples so easily and successfully with the 
 innumerable new questions evolved by the 
 peculiarities of our national and commercial 
 life, to mark a corresponding advance in the 
 candor and fair dealing, and honest love of 
 truth, which should be the pervading atmos- 
 phere of every shrine of justice. 
 
 To whom is the lawyer amenable for any 
 supposed infraction of the rule of right in his 
 acts done for his client, and in his cause ? 
 
 As an officer of the Court he is liable to 
 its scrutiny of his acts, and to its censure for 
 any ascertained malpractice. In a recent case, 
 our Court of last resort, by a imanimous opin- 
 ion, declared that the inferior Courts may and 
 
58 LAWYim AND CLIENT. 
 
 ought to cause charges to be preferred against 
 an attorney or counsel, wlienever satisfied, 
 from what occurred in the presence of the 
 Court, or from any satisfactory proof, that a 
 case exists where the ends of justice and the 
 public good call for it.' In the case referred 
 to, the charges on which the appellant had 
 been stricken from the roll of the Supreme 
 Court were, that his general reputation was 
 bad, that he had been several times indicted 
 for perjury, and that he was a common mover 
 and maintainer of suits on slight and frivolous 
 pretexts. The order by which he was dis- 
 barred was aflSrmed. It is a somewhat cu- 
 rious corroboration of the last specification 
 that this indefatigable litigant is reported, in 
 a recent newspaper, to have commenced an 
 action against the proprietor of a Brooklyn 
 journal, claiming heavy damages for the pub- 
 lication of a statement that he had been 
 thrown over the Bar ! 
 
 The lawyer is also liable to be arraigned at 
 
 ' In re Percy, 36 New York Reports, 651. 
 
ZAWmii AND CLIENT. 59 
 
 the bar of public opinion, as was tlie case with 
 Counsellor Phillips, for his defence of Cour- 
 voisier, whenever his course for a client seems 
 to conflict with good morals, so as to consti- 
 tute an offence against society. But it should 
 be borne in mind that public opinion can only 
 properly and finally pronounce upon what is 
 undisputed, or established beyond any reason- 
 able doubt and accepted by common consent 
 as notorious fact. It may assume, in respect 
 to any particular case, rightly or wrong- 
 ly, in advance of any legal investigation, or 
 of any testimony which would be competent 
 if tested by the plainest rules of evidence, that 
 the client is coiTupt, that the Court is corrupt, 
 and that the counsel is corrupt, but it cannot 
 proceed to judgment in a case involving the 
 relation of lawyer and client to each other, to 
 the judiciary, and to the public, so long as 
 any element of doubt remains, certainly not 
 so long as issue is taken upon the main ques- 
 tion of fact, and the merits of the case are en- 
 tangled in the meshes of newspaper contro- 
 versy and discussion. 
 
GO ZAWY:EIi AND CLIENT. 
 
 Public opinion is very much like tlie Court 
 of Chancery under the ancient system. It 
 has vast powers, but its conscience needs to 
 be informed by findings of fact by a compe- 
 tent tribunal ; while the press, acting in its 
 proper sphere, resembles the oM Master in 
 Chancery, a functionary of prodigious impor- 
 tance, whose chambers were a drag-net of all 
 sorts of evidence, relevant and irrelevant, ad- 
 missible and inadmissible, who was obliged to 
 record all the testimony of every witness, of 
 every shade of credibility, who noted all the 
 objections, and reported all the proceedings, 
 but who was wholly incompetent to punish 
 for a contempt, or to direct a decree, and who 
 yet, when giving his opinion upon the facts, 
 as he was sometimes permitted to do, was 
 very apt to fancy himself the most important 
 branch of the Court of Chancery. If the 
 opinions and views of intelligent men, freely 
 expressed and exchanged in the intercourse 
 of society, on all current topics of interest, 
 conld be caught in the air and conveyed in all 
 their freshness and force to the columns of the 
 
ZAWYER AND CLIENT. 61 
 
 daily journals, and sent abroad as authentic 
 utterances of public opinion, doubtless they 
 would acquire a momentum and weight far 
 greater than that which attached to them in 
 the private circles where they were spoken, 
 but their intrinsic value would not be en- 
 hanced in the least. The voice of the press is 
 louder than the voice of the private citizen, 
 and that is all. The chief advantage of the 
 jDress consists in this, that in going to the 
 great jury of the public it has not only the 
 first and the last word, but the perpetual word. 
 But, after all, its function is purely ministe- 
 rial and not judicial. Public opinion, which 
 is properly served by the ministries of the 
 press, filters its various and conflicting views 
 in the alembic of its common-sense, and deals 
 justly, in the end, with the reputation of the 
 lawyer, as it does with that of the statesman 
 or the soldier, remembering that, whatever 
 service he has rendered to the cause of social 
 progress, inures to the general benefit and 
 advantage, and that the good name of every 
 citizen ought to be reckoned a part of the 
 
62 ZAWYUJR AND CLIENT. 
 
 common property of all ; but not forgetting, 
 also, that no one is exempt from censure 
 where it is deserved, and that, in the case of 
 every established offence, the higher the posi- 
 tion the worse the crime. 
 
 The Bar itself cannot disbar. It may 
 combine its members by voluntary associa- 
 tion, for the protection and promotion of the 
 general interests of the profession, and in 
 aid of a higher standard of practice. Scru- 
 tiny into the professional acts of its members 
 would seem to be within the legitimate pow- 
 ers of such bodies. But they necessarily 
 move in a limited sphere, and, without the 
 power of compelling testimony, they could 
 hardly assume the province of judge or jury, 
 in the hearing or trial of issues involving per- 
 sonal character, except in cases of voluntary 
 submission to their jurisdiction, or where 
 definite charges are made by a responsible 
 accuser, of their own number. A deliber- 
 ate declaration of opinion by such a body, or 
 its deliberate action upon the basis of con- 
 ceded or established facts, would have just 
 
LAWr£!E AND CLIENT, 63 
 
 weight in proportion to the unanimity witli 
 which it was expressed, and the good charac- 
 ters of those who participated in it. Hasty 
 or ill-considered action would be apt, if favor- 
 able, to be impeached on the ground of par- 
 tiality, and, if unfavorable, to be questioned 
 on the score of prejudice. The judgment of 
 immediate associates, to be of value, must be 
 most dispassionate and unselfish. Many men 
 have been indorsed by their fellows who have 
 been condemned by the rest of the world ; and 
 some men have been cast out of synagogues 
 without any serious injury to their perma- 
 nent reputation. 
 
 If it be asked, " How, then, can wrongs 
 be best exposed and punished ? " I answer, 
 by the strictest scrutiny, in the clearest light, 
 by the press and the profession, of the con- 
 duct of every lawyer who acts for a client, 
 and by the deliberate judgment of the pub- 
 lic on what in the end is seen to be true. 
 What is to be deprecated is the false issue 
 and the prejudiced opinion, formed in the 
 dark, or in the cross-lights of disputed facts 
 
64 ZAWYSB AND CLIENT. 
 
 and personal controversies. The daylight and 
 the truth are what are wanted, and all that 
 is wanted in and by which to try every man's 
 work. 
 
 Eut the lawyer is amenable, first of all and 
 last of all and most of all, to his own con- 
 science. An enlightened sense of individual 
 responsibility is the surest and safest giiide 
 for every man. It is the only remedy I know 
 of for all the evils of the time which weigh so 
 heavily upon us. The metropolitan lawyer 
 must adapt himself to the emergencies of a 
 clientage which makes and loses fortunes be- 
 tween the rising of the sun and the going down 
 thereof, which measures ability by immedi- 
 ate success, which grasps the most gigantic 
 schemes, and reaches out after the most re- 
 mote results. The lawyer is the man of af- 
 fairs more than the jurisconsult j he comes to 
 be identified in the public view with his cli- 
 ents' interests, and must bear the burden of 
 their acts as well as of whatever is amiss 
 in the administration of justice, of which 
 he forms a x)art. The root of the evil is not 
 
LA WYES AND CLIENT. 65 
 
 in tlie Bar, it is in Society. Human nature 
 is tlie same now that it ever was, and what 
 we need is not so much to reduce the num- 
 ber of bad judges or unscrupulous lawyers, 
 or guilty clients, as to multiply the number 
 of good men, and to increase in every man's 
 estimation the worth of a high standard of 
 individual character. It is of little avail to 
 involve court, counsel, and clients, in the 
 same breath of condemnation, or to make 
 either bear the censure it conveys. True, 
 it may be said that no corrupt judge ever 
 did injustice except on the suggestion of 
 some roguish lawyer, ana no lawyer ever 
 moved improperly except in the interest or 
 on the prompting of some dishonest client. 
 But this is simply the same reasoning in a 
 circle which girdled the tree of knowledge in 
 the garden of Eden. ■ " The serpent tempted 
 me and I did eat ; " " the woman gave unto me 
 and I did eat." The answer was the person- 
 al sentence against each individual offender. 
 The lawyer of to-day, as it seems to me, is 
 more than ever remitted to the original, un- 
 
66 ZAWrHR AND CLIENT. 
 
 changeable laws of personal duty and account- 
 ability, and the best results of an awakened 
 public interest in respect to questions of pro- 
 fessional duty and obligation will probably be 
 found in the new sense of those obligations in 
 individual minds. 
 
 There are minor details of duty involved 
 in the relation of lawyer and client at which 
 we can only briefly glance. There is that 
 of inviolable secrecy, of which, to the credit 
 of our profession, we rarely hear a breach. 
 There is that of undertaking the cause of the 
 poor man, without the hope of reward, and of 
 protecting the oppressed from harsh exactions ; 
 the duty of persevering in the defence of the 
 client through good and evil report, and in 
 spite of his own imperfection and unreason. 
 There is also the duty of frankness in regard 
 to every thing which happens affecting the 
 client's interest in his lawyer's hands, and 
 of prompt — I would say instant — reckoning 
 for every dollar of money which belongs to 
 him. The lawyer should not lose a moment 
 in seeing that his client's money gets into 
 
LAWmR AND CLIENT. 67 
 
 his client's pocket, and it should never be 
 mixed with his own. There is no if or 
 but about this rule, and it is a very plain 
 one. 
 
 Not a little might be said as to the advan- 
 tage to the lawyer of intercourse with an in- 
 telligent client. Independently of the genu- 
 ine friendship which such a relation often 
 produces, there is hardly a client from whom 
 the lawyer may not gain much that will be of 
 real vahie to him in the practice of his pro- 
 fession. One of the most eminent and bril- 
 liant English lawyers of the last generation, 
 Mr. Charles Butler, says very truly that " the 
 knowledge absolutely necessary for every per- 
 son to possess who is to practise the law with 
 credit to himself and advantage to his client, 
 is of so very abstruse a nature and compre- 
 hends such a variety of different matters, that 
 the utmost time which the compass of a life 
 allows for its study is not more than sufficient 
 for the acquisition of that branch of knowl- 
 edge." The lawyer must always be a stu- 
 dent, and it is a great gain to be able to add 
 
68 ZAWYEE AND CLIENT. 
 
 to the stock of his knowledge those things 
 which he may learn incidentally from men 
 who are versed in other branches of practical 
 knowledge and invention. 
 
 It is hardly necessary to add, in this 
 branch of our subject, that a lawyer should 
 never be his own client. This injunction has 
 passed into a proverb which receives frequent 
 illustrations of its truth. And it might not 
 be an injury to our profession if we supple- 
 mented the saying that " a lawyer who pleads 
 his own case has a fool for a client," by 
 suggesting that the lawyer who testifies in 
 his client's cause, except as to mere matters 
 of form or routine, or to supply undisputed 
 facts, is very apt to have a knave for his wit- 
 ness. 
 
 The relation of lawyer and client involves, 
 on the part of the client, duties which are 
 correlative to those enjoined upon the law- 
 yer. 
 
 The confidence, frankness, and fidelity, 
 which belong to the relation, must be mutual 
 
lawyi:r and client. 69 
 
 and intercliangeable. It is hardly assumed, 
 as it was under the Roman law, that the cli- 
 ent shall vote for his lawyer, or fight for him, 
 for the form of compensation has changed; 
 but the liberal spirit which the ancient usage 
 embodied may easily find expression under 
 our modern modes of intercourse and appre- 
 ciation. The model client may be sketched 
 in a few words; he anticipates the reqnire- 
 of an "■ affidavit of merits," by stating to his 
 counsel, fully and fairly, not his case but the 
 case; he not only seeks, but takes and fol- 
 lows, advice ; he is willing to trust his lawyer 
 not only in the management of his cause, but 
 in the making out of his bill. 
 
 The cautious client may make the com- 
 pensation of his counsel a matter of contract. 
 And here again we find ourselves in advance 
 of our British brethren of the Bar, in this, 
 that while under the law of England a bar- 
 rister is incapable of contracting for any re- 
 ward for his services in a cause, either be- 
 fore, or during, or after the litigation, upon a 
 fanciful notion that it is beneath the dignity 
 
70 £AWr£Ji AND CLIENT. 
 
 of the robe, we are fortunately discharged 
 from any such limitation.' 
 
 The disability of the English barrister has 
 lately been established in an interesting case.'' 
 
 The suit was for the recovery of the mod- 
 est sum of £20,000, which Mr. Kennedy, a 
 Birmingham barrister, claimed for services as 
 counsel of a Mrs. Swinfen, in a long chancery 
 
 ' In England attorneys have a lien upon tlie judg- 
 ments recovered by tliem for their clients for the 
 amount of their costs, as the legal measure of the value 
 of their services. To that extent the attorney is held 
 to he the equitable assignee of the judgment. Lord 
 Eenyon said, in the case of Read vs. Draper, 6 Term 
 B. 361, that it had "been settled long ago that a party 
 should not run away with the fruits of the cause with- 
 out satisfying the legal demands of his attorney by 
 whose industry and expense those fruits were ob- 
 tained." Previous to the enactment of the Code of 
 Procedure the rule was the same in this State, but, by 
 the benign provisions of the • Code, the limitation by 
 which the lien was confined to the taxable costs is re- 
 moved. An attorney may now agree with his client 
 for the amount of his compensation ; and, when a 
 special agreement exists, the lien extends to the stipu- 
 lated compensation. — {Eooney vs. Second Avenue B. R. 
 Co., 18 N. y., 368.) 
 
 ' Kennedy vs. Brown and wife, 13 Com. Bench Re- 
 ports, N. S., 677. 
 
ZAWYSJi AND CLIENT. 71 
 
 suit, by which she secured the possession of 
 an estate valued at about £60,000. He had 
 given up his local practice, moved to London, 
 and devoted himself for years to his client's 
 interests with a zeal and success which se- 
 cured to her all she claimed. During the 
 progress of the litigation she had promised 
 to pay him a fee of £20,000 in case of suc- 
 cess. The lady succeeded, and then, exercis- 
 ing the prerogative of her sex, changed her 
 mind, and the lawyer found himself in the 
 unlucky predicament of having gained his 
 cause at the cost of his client and his fee. 
 Not being in a condition to sue for her hand, 
 he sued for his fee, and, being met with the 
 plea that he could not maintain the action, he 
 turned all his energies to the establishment 
 of the proposition that by the law of England 
 he was entitled to recover. He claimed, in a 
 most learned, ingenious, and bold argument, 
 that Blackstone was mistaken in saying, as 
 he did in his Commentaries, that the compen- 
 sation of a counsel was purely honorary " and 
 such as the counsellor may not demand with- 
 
Y2 LAWYER AND CLIENT. 
 
 out doing injury to his reputation," and that 
 the notion that the barrister could not con- 
 tract for pay was a rule of the civil law never 
 engrafted upon the jurisprudence of Great 
 Britain. But his claim was too large, and 
 the circumstances attending his relations to 
 his client were unfavorable to his success, 
 and, after getting the verdict of a jury in his 
 favor, it was set aside by the Court. 
 
 Chief-Justice Erie, in an opinion which re- 
 minds one of Chief-Justice Bronson's way with 
 obnoxious counsel, deals some heavy blows 
 against the claimant; he puts his decision 
 upon authority, from Sir John Davies, in the 
 beginning of the Seventeenth century, down 
 to the present. day, and then proceeds to rest 
 it upon principle also, and claims that it 
 is essential to the dignity and integrity of 
 the profession that they should be utterly 
 incapacitated from contracting for any re- 
 ward for their services, and that their words 
 and acts should be guided by a sense of 
 duty and a lofty disregard of gain. The gush 
 of enthusiasm, which such high-toned views 
 
LAWYER AND CLIENT. Y3 
 
 miglit otherwise evoke, is somewhat tem- 
 pered by the knowledge of the fact that the 
 English barrister, in practice, in all ordinary 
 cases, takes care to get his fee in advance, 
 and by the admitted fact that it is disrepu- 
 table for a client to omit its payment. It is 
 hardly necessary to say that the law laid 
 down by Chief-Justice Erie is not the law 
 with us. We are entirely too practical a 
 people to comprehend — at all events to act 
 upon — so refined a distinction as this, that 
 while the fee paid as a gratuity, and in the 
 pocket of the counsel, is a source of moral 
 elevation and dignity, the same fee agreed 
 to be paid is a source of moral degradation. 
 According to this view, it is disgraceful for 
 a counsel to bargain for a fee, but it is dis- 
 reputable for a client not to pay it ; the 
 result being, that the lawyer gets his mon- 
 ey. Perhaps this may fairly be cited as a 
 specimen of British professional " neutral- 
 ity." 
 
 But, while I believe that our courts are 
 right in holding that the services of counsel 
 
74 ZAWYUR AND CLIENT. 
 
 may be a matter of contract equally -uith all 
 other kinds of service, and that the legal la- 
 borer is worthy of his hire, it should not be 
 forgotten for a moment that the true motive 
 and spur of effort on the part of the lav^yer 
 is something far beyond the pecuniary result 
 of his efforts. No one supposes that the phy- 
 sician is calculating his fee when he counts 
 the pulse of his patient, or that the clergyman 
 weighs the souls of his parishioners in the bal- 
 ance with his salary. It is not for the fee of 
 his client, not even for the professional repute 
 which follows success, and which is dearer 
 than money, that a lawyer, truly devoted to 
 his profession, gives his days and nights to 
 his client's cause. It is to satisfy his own 
 sense of duty, and for this he will go far be- 
 yond the service which would be dx)led out 
 for a stipulated price. I believe that, taken 
 as a whole, no class of men were ever found 
 less greedy of gain, or more faithful in the 
 labor they perform, than the Bar of this 
 State. We have no need of importing the 
 fanciful notions of the civil law into our ju- 
 
ZAWYEE AND CLIENT. 75 
 
 risprudence to make our lawyers zealous and 
 sincere. 
 
 One of the unsolved problems of biogra- 
 pby is the question whence Cicero derived 
 the means with which to support not only his 
 princely residence at Rome, but the eight or 
 ten villas in the Alban Hills and along the 
 shores of the Mediterranean, in which he so- 
 laced himself, in his long vacations, with his 
 books and his philosophy. His latest biogra- 
 pher, in a work full of interest to our profes- 
 sion, accounts for his revenue as derived, in 
 great part, from legacies of his clients, which 
 must have been upon a scale far exceeding 
 any modern displays of posthumous gratitude. 
 Possibly it was so, but it would be a most 
 uncomfortable sensation for a modern practi- 
 tioner to feel that his chief source of pecu- 
 niary support depended upon the decease of 
 his clients, that practically his only ledger 
 account was in the obituary columns of the 
 newspapers, and that a corporation began to 
 pay only after its dissolution ! 
 
 Let us, then, rest satisfied with standing in 
 
76 ZAWrSJi AMD CLIENT. 
 
 respect to our rewards upon the same plane 
 with all other workmen who, under the be- 
 nignant law of labor, turn the primal curse 
 into a blessing, and do with our might what 
 our hands find to do in the profession of our 
 choice. It is a hard and exacting service, 
 but so is every form of intellectual effort. If 
 our clients have the best that we can give, it 
 is right that it should be so, not because a bar- 
 gain is a bargain, but because the faithful per- 
 formance of duty is the noblest exercise of the 
 human faculties. There is this intrinsic dig- 
 nity in our profession, that its labors are not 
 for ourselves, but for others, and that in the 
 discharge of its duties we serve, in our humble 
 and imperfect way, that Eternal Justice which 
 is earlier than time and older than all creeds, 
 and whose decrees will be executed when all 
 human systems shall have spent their force. 
 
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