The Legal Profession

Lnsl week we showed the mighty infhience exerted uon society by the niembprs of the Legal Profession: and we found by examina tion that tliiö inflnence was owing nlmosl on tirely to the nature of' their business, by which they liave rbnrge of the most important pecuniary and persunul inteiests of tnen, and musí thcrefore be well informed rcspecting iliom. and oble lo wri;e, speak and oct upon tbem with propricy and efficiency. As we find by conversaron t lint there is a growing prejudice ngainst the profession, and one that we consider in some rrsfiects unfound ed and unjnst, we are induced to add a few more rpmaiks, explanatory of what we conceive to be true standing of the tnembers of llio Legal Profesión. One ab?urd and grotindless notion which we find prevailing nmong multitudes, ia that t i?dangéron3 to send lawyers to the Legislature, becanse they Will purposely draught the laws in such loose or ambignous langtiage as will give rise to thegreatest nuwber of laweuits, and therebv increase llic profiis of the profession. Jt issurprising how rnany men, who cali thernsches intelligent, believe this aseer tion, which is unsupporied by the lenst parti iele of evidence. It is true that the le?a] mem bersofthe Legisïfiture uftully draught the laws, bec,-iii9e tliey can do t beiter, thahmost of the ot!ier3 and it is fuir to stippose ihat m drntiphrincr them tliey are carcflll nof. to curtail the emoluments. privileges or nfluence of their own order, ,'for whal class of men ever yet did this?) but thal hpy designedly frame the laws so as to produce ihe grentpst ntnount of litipation, is an aspersión on them lolally unfounded. Another objection to this profession, is, that they monnpolize the business, and exclude uil but a select few from its practise. Hencc the propriety of admitting all persons of good moral character to píacicern6 been nrgued, anci in severa I Staies, il has breóme the established usage. But wlmt effoct Wonld this have upon the profesíion? There are now 350 lawyers in Michigan. VVere lliis rule adopted, the nnmber authorized to practise in Courts might be 100 limes greaier ihan at pre.-pnt. or 35,000. But woultl they all pruc tiscf Thpy would not. Only thope wlio hid a knowlcdge of law could euccess'ully mpct others who liad q kn nvledge of it: {ind none would be nt the expense and labor of acqnirirg it thorotighly, uniese they expected to followit as a business ; and then Ihey would be to all intents aud purpose?, latcycrt, und wonld be identificd witii theinteres's of the profeísion. Henee, a giatute alloWmg every one to practise Law would ronkp but littleac tunl difference in ihe ïmnber, influpnee or pm-iluments of !awyers:anil this roncluion we belicvi', is confirmed by the experirnce o those States where the pxpprimput has bpen trierl. S:ill, w are inclined to tbink il aouli) lenil in some degfee to the aboliti.m uf le?al techniciiliiies nnd nbsurditic-i and Would tJierofore bc for the public beiifiir.Sume persons aro. destrone of a radical Lesn Refp'in, becauo they ihink il wil! des troy the disproportionele iuftuence of tiie Imwyers n cominunity. B it puch expectationn. wo npprehend, are somrwhut delusivo. A Lgul Reform, sucii ns we advoca!1, wonh.' destroy one-half the Jitig-.nt ion in comtminity. and diminish i lie exponte of t fie remajnriet: and the nnmber oí' legal prnctitioners wouki tlicrrfore be proportionniely redurpíi: hnt I he influente of tlioc who rpnnined wo-ild br rather migtttcntw! than dinvnisliod. Ymi m'.v fíx the lavvs in anv simpe you will. i ln.se who argüe, e.pnnd and dfci!e upon these lav wi'l have a mi;!ity iofluencf) and be,in a símjsc the govcniing1 class of society Ïl is tlierefore, aosurd to expecí the ove;ihrow of the profession frnm sny ulierations in t he Inws nr in theathttinjstranoh.of ib?m S tüe persoí wül expound and n.iaiinisier ihom: nni tho:o perfon, whocver tbey may be, will in fiict be lawyersy and will huve tle injluence o'.' lawyerj. Any sensible mnn can src this in n moment. Snppose every 'awyer to be battisiied frum the Slaie, í the profeasion to be abolished by law: we sljould stül llave lawp, which wnuld nceíJ to be discussen1, expotirided and executed. and theitnmediate conseqnence woujd be that we shou!d matiu.'acture a new set of lawyers to take the place of the íormer onp?, alihongh they might be called by a difTtirent name. - Where there is )aw,therevill be lawyer: nnd tliey will have that arnount and kind of influence to which their business legitinv-itely entitles ihein. The prejuJice against lawyers may he traced principaily to the nature of their professional services. The business of an advocate is to help hi? cliënt do, throttgh the forms of the law, whalsoever he wislus lo do, wheiher it be crood or evil. If the cliënt be a crinvnal, ir is his business to clear hitn if he con, no matter if his guilt be unt)iiestioned lo every mind. - The criminal wishes to get clear of the penalty of the law,and his counsel must help him; and for that he is paid. Dut if he be the prosfcuting attorney, tíien he must labor for the :onviction of the p-isone-, wiiellier he knows liirn 'o be guilty or innocent. So in civil caief-.tlie counsellor tnustheip bis cliënt, wheth jr he be the knavish sooundrel perpetrating u leed of villany, or the honcst man who resistí he niqoity - wbeiher the cliënt be the widow r the orphan, or tlie prond-pursed ariytocrnt vho would wrong thcin of their litlle all. - jesi we should be thought to give an unfair tiitenient of the case, we v.'ill cite the words if ft distinguished wriler npon the eubject, ' emarkable for candor and faimess:"A civil nciinn is brought into courtand Iho evidence satisfies cvery man tliat the plnintifi a entitled, n justice, to a verdict. Siiddenly, lie pleiuier discovets some technical irregiK iirity in the proceedings.and ïhe plnmtiff loses lis cause. The itnliappy suflbrer retiren, ii ured ind wrongcd, without cdress, or hope f redruss. Con it be sufficient to justify n nnn ín stich conduct, to ay thai snch thinofs re his busiiirss - tlif inenns by which lie ubmus lus ltvnijg-? The sime excuse would tiiíy a troopo5" Arnbinn bandiui which pluuers the caravan. Yet th9 is the cvery dat iractice of the prof rasión; and the mount of njusticr! which is iuílictrd by this practic'é is normous. There ih no excuse for thus inicting- injustiee. It is au nel of pure, gratutou8 mifrcliief; an act nol required by law, ut condemncd by morality, and posscssing noapolngy but the lowyer's love of gnin. In criminal courts the snvne conduct ie practiscd, nnd wit!) the strme effect of preventing the execution of jiiatico. Is, then, :lie circumstance of belonginer to the Legal Profesa. ion a good reaeon lor disregardlng' ihosc tlutica which ore obligatory oh every other ninn?- He who waru a off punishment f'rom sWindlers und n-bbere, and turns them toose to the Wöric of (raud anr] plunder ngain, siirely deservea vvorsQ ot'liis Country litan many a huttgry man who filches a loüf or a trinket." "When we see bnrrister willing to take the brief of nny cliënt; reody to exert all bis abilines 10 pruve that any cause was good or bodj to urge before a jury tl e side on wbicb he happens to be employed, wiih nll the earnestnesa of integrity and tnuh; - when we see all Ibis. and rcmeinber that it vras tht loss of a die whe: Iit liO'shonld have done exactly the contrary,! shoold think tint no expressior) clin rnct zes the procedure, but intellectual and mural prostilution. In ony other place than a court of jnstice, every one would say that it was prosSitution; a court of jnstice cannot rrmktí it less." Dymond's Morality, Abridged, p. 92. But wli nt should a hiwycr do, unlcss he abandons his business? l'his question wad once asked usby a legal frieno, with vhom we were conversing on this subject. In reply, we said that 3 lawVer ought to take np only on the righl side of every cause: that Jie should rcfuse all applicatioii3 to help accomplish in iqtlity: tlint. he should make no tnotionsto the Court, but such as were in occordace with la w, and make no statements to the jury but such as were irue. Cy praciising on thestí a? bis constant nnd nnvarying rules of action we argued that he cotild acqnire a weight of cliaracter with the judges, the juriea, ana the whole cotnrnunity which in aseries of years, vould pl'ice him far in advance of his lying and qnibblin coinietitors, and could also be of no dlsadvarltage o bim in apeeüniary point of view. Wfe cited him io the despicable prácticos of certain attornies, and dontrasted thern with the honorable character and inflü ence which Would infallibly altend in ingen uous and manly cotifse. We verily thotight wc had tnade out our caseí bul our legal fnend, who tinderstood the ma ter thuronghly, demolished our argument with ease. "Ín the first )hce said he, yon teil me to lükeiij) on!y on ibe right side of ench ques tïon. Th e re are a larye portion of the litiga tcd q'iestions wbich luve no Pgbt side. For insiancc, one w umn sajd thut anoiher wuinati stole a) eifg froni hor hen's nostt whereupon ibe nrcused et mmenred an acrion for slander Which wnuld yon c.ilJ the right side of that case? ín a great niunber of cates botli parlies are to blme.Secondly, how om J 1o teil wbich is the rigrlit side.whc I have heifd the story ofonly one of the partie.-f And this is all I can henr at the ti e I nm asked tú enlist for olie of them. A i-mal! circumitiiuce kept oot of view v ill grratly aller the moral aspect of nny caii.e. So lcnr :is ihnt i. unknown to me, I cannot teil rerlnnily ihnt I om on the riht d' Olien's ofteti l;ecp btirlt o pnrt f the irntli froih tlieir iuKooutPs, and therebv deceivc thom. Thirdly, if f shonlil rofusc to rnlist exoept fur ttte rL'hteoiijt slionld si;nil a chniice to ob tQitj only hiill'ihe Hrrfbnnt öf business that ny competitors wuld rect'ive. B'it snppose the mos1, f'iorable case. Business beins to corne in to me. A heavy rnercnntilo Prrn, uiiose patronngeand nfluonce are considerable, em[!oy me i on important cause, where I can conscien' ii'iislv oNcn myself on the right side. This I do nd succoed, obtaio a himdsorne 'ee, n gmni reputaiion, and the confidence of mv employers. While congmtuhiting mysrlf on my pfóspAtt, ami saying to myself !hnt n cours? njrfdly oripht and conscien'io-is is the mosi prufliahle, my mercantile fiiends Cali on me ng-nin. Thoy have another important Canse in hand, and wish for my services. 1 listen to their story, and find that hpy areclearly in the xvronj- oppnspd botli to law and justhce. Í pay to tnem, "G.Mjtlemen, yi-u are wr.intr: J cannot take up on vour side.M "Oh! ' cxclnim the capitalista! iwè hcVc mistaken our tnan! We ihouht yon wa3a !nwver,and were calculating to give you our business: but as it seem yon are a lpcturer orí Moral Philosoph_r,we will bid yo'i i;ood morninp." Thfy go over toa lawyrr opposite of no principio whaiever, who laughs at my Puritanism, readüy undertakes the cause, gains t by trickery, gets a heavy fee and high reputation, alid the whole business of the firm, while I have ampie leisure to stody Morel Philosophy ?n ihy solilary office. Thiá is the practical operation of the matter.Lastly, n to what yo soy about candor and truih in talkinj to juries and judges, it will io very well to declaim about, but ihey are of little use in gainmg a cause. The ap pearoncc of them, bowever, I ndmii, s very usefnl. The main thing wilha lawyer is to succccd. He who succeeds most wül get the most business nnd best pny. On the othcr band, wbo would employ a lawyer who al" ways lost his canse? Besides, a cause may be fiiirly conducted in genura]; end yet a very titile deception will often gain it. The shrewd and observing prnctitioner sees the couree of tbc tcsiimony and the impreasion it is ma king on the jury, and be can often perceivo ibat tbeir decisión will tnrn on a cingle point i the argumenl of bis antagonist. If he eau blind them n this, or put them on a falso iruck, he will gain the caüse: if he bestrictly bonest bout it, he will lose. Menee, you can seetlmt no man,un!c8s endowed with more than commoi) nbilities, or favored by peculiar circumstnnces, could prosper os a lawyer, upon the rig'd and Puritanicnl plan you have proposed. In accomplishing a given object, a man entirely uiiscrupiilons will ever have the arivnntnge over a man of stern truth andintegiity. Tho last will be circumscribed to tho use of honorable nnd jiist moans only, while the fortner can use all kinds of influences, good and evil, to accomplsh his purnoses.fSuch wan the substatice of lhe argument of our lepal friend. Il was convincing to us. But we do not contend tljot the profession of tin advocate is necrstartly oppoped to moral principies or the good of the public. But the i)6tial practise of the law, by which the advocate becornes the abottor nnd defender of evcry acknowledged criminal, we esteem to bc inconsistent witb rigid raoral vretua.-