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nity of the profession. They should carefully abstain from the vulgar and cowardly practice of abusing the opposite party under the shield of professional protection. Every honest advocate will brand with infamy base and oppressive conduct in persons even of the highest rank; but where the cause does not fully justify such obloquy, the character of individuals should never be blackened ad captum vulgi, or to vent the spleen or envy of the client. There are certain modes of warfare, which, though they may gain temporary triumphs, reflect indelible disgrace upon those who condescend to employ them. A court of law should never be converted into a pancratium, where the combatants bite and scratch, grapple and grovel on the ground; if the mob of clients must have shows in the arena, let us at least see well-trained gladiators oiled to elude every grasp of the opponent, and skilled to throw the net, which entangles the adversary.

What portion of address is allowable, and what is discreditable; what are the bounds between laudable skill and illiberal artifice; how far an advocate should plead against his conviction; whether he should defend a cause which he knows to be unjust, or a client whom he believes to be guilty; are questions, which every man should consider and determine for himself before he goes to the bar. He cannot take a better time to settle these points, than while he is attending courts and trials, where he will continually see examples, that must show him the necessity of forming rules for his own conduct. There is a certain sort of morality by courtesy, which bodies of men establish for the mutual ease and convenience of their conscience and their interest; and there is a jocular sort of

convivial wit, which is current among professional latitudinarians, and which sometimes imposes upon those who have really some conscience. By hearing certain breaches of common honesty, and certain arts of deception, spoken of every day without any censure, and even in a style of jovial triumph, young men insensibly confound their notions, and deaden their sense of right and wrong. Instead of judging themselves by the universal standard of morality, they are satisfied if they do nothing that is counted dishonourable by the body corporate, into which they have entered.

In the heyday of youthful spirits, in the flow of convivial conversation, in the bustle and triumph of professional business and success, a man might be deaf to the small still voice of conscience; but it speaks in thunder in retirement, and in the declining years of life. It is said, that a celebrated barrister, after he had retired from the bar, was observed to grow extremely melancholy; and one day, when a friend noticed the dejection of his countenance, and inquired what he was thinking of, he replied, “I am thinking how many honest "families I have sacrificed to nisi prius victories."

To prevent the irremediable misery of such a reflection, a man of feeling and sense, who intends to practise at the bar, will begin by determining what he ought, and what he ought not to do in his professional character: he will not leave the decision of his conduct to chance, to the cry of a party, or the half-inebriated intellects of a set of jovial companions. He will observe by what rules the best of his profession have governed themselves; he will consider on what their rules are

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founded; he will examine what is most for the interest of society as well as for the honour of individuals; and by this he will be guided, free from vain scruples, or profligate temerity. Sir Matthew Hales's father threw up his profession, because he could not reconcile his conscience to the common practice of pleading in favour of the wrong side of a question as well as of the right. But such scrupulosity of sentiment, however it may be respected in an individual, neither can nor ought ever to be the general guide of conduct for the profession. Reason and religion are the only solid foundations for our principles; and utility the standard, by which we must judge whether our conduct and sentiments be just or erroneous. It is surely for the advantage of society, that, according to the maxim of the English law, every man should be supposed to be innocent, till it is proved that he is guilty; this maxim should be adopted by lawyers as well as by other members of the community. Every man should have the means of defending his cause, or else the most innocent might be oppressed, or, in a moment of indignation against the guilty, precedents the most tyrannical and dangerous might be established. Therefore a lawyer's being merely doubtful on which side the right lies should not prevent him from pleading a cause, and from urging all that can be said in its defence.

Extraordinary cases may indeed occur, in which he would be not only justifiable, but meritorious, in refusing to plead for a client. Where he has private knowledge of circumstances, which convince him beyond a possibility of doubt, that his client's case is fraudulent, or that the accused is guilty, a lawyer is right in refusing his brief: but he should keep this

refusal secret; and should take every possible means to prevent his opinion from being even suspected before the trial is decided. It is well known, that men, now as high in their profession as legal ambition can rise, have at the very commencement of their career absolutely refused briefs, in cases where they had sufficient reason to believe, that there was fraud or crime. This conduct, while it must have satisfied their own minds; did not, it seems, injure their professional characters, or diminish their practices. But if caprice, pusillanimity, or personal considerations of any kind, were to dictate such a refusal, the lawyer would deservedly lose his credit and his practice.

The manner of pleading is next to be considered. An advocate should plead a client's cause as if it were his own. Our humane laws instruct our judges to put every man, who is upon his trial, on his guard against criminating him- self; an advocate cannot be called upon to produce any argument or fact, that makes against his client; but he ought not to pervert the truth, or to assert what is false in any instance, or for any purpose. It is allowed him to use his utmost eloquence to touch the passions of a jury, and his utmost address to manage their prejudices. In law, as in war, certain stratagems are accounted honourable. Great orators and great generals avail themselves of this privilege. We are told, that Cambyses marched safely through Egypt to the conquest of Babylon, by placing in the front of his army certain animals, which the superstition of his enemies dared not destroy. A skilful orator so arranges his forces, and so places the prepossessions of his opponents in the front of the battle,

that thus encompassed and protected he makes his way securely to victory. Ingenious and successful as these arts may sometimes prove, they cannot be attempted repeatedly; fair fighting and sound reasoning are what are ultimately and permanently to be depended upon by the warrior and the

orator.

The conduct of the judges in their respective courts will naturally occupy much of the attention of youth, who will exercise their talents in rejudging the decrees of their superiors; they will reargue points of law and equity; they will not suffer any particular in the language, manner, or temper of the judges, before whom they plead, to escape their comments. It is to be hoped, that such discussions will be made not in the vulgar spirit of detraction, or of flattery; but with the wise and noble view of improving themselves by forming their own characters. Students are peculiarly well circumstanced for this purpose, while they are free from those prejudices and passions, which must be raised by competition. There is a sort of generous enthusiasm, that young men acquire at schools and college in the course of their acquaintance with the ancients, which they too often lose when they mix with the moderns. While this spirit is yet glowing in their bosoms, they should form their standards of excellence in their own profession, by comparing examples of all that is eminent or infamous in real life with the records of history. There is perhaps a portion of what men of the world call romance in all virtue. But this romance, if it be such, is far preferable to the selfish, cold, narrow-minded, venal habits, which are contracted by those who believe neither in public nor in private

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