aking, shall claim an exemption from the drudgery of the law, his
case is a failure in advance.

Discourage litigation. Persuade your neighbours to compromise whenever
you can. Point out to them how the nominal winner is often a real
loser--in fees, expenses, and waste of time. As a peace-maker the lawyer
has a superior opportunity of being a good man. There will still be
business enough.

Never stir up litigation. A worse man can scarcely be found than one who
does this. Who can be more nearly a fiend than he who habitually
overhauls the register of deeds in search of defects in titles, whereon
to stir up strife, and put money in his pocket? A moral tone ought to be
infused into the profession which should drive such men out of it.

The matter of fees is important, far beyond the mere question of bread
and butter involved. Properly attended to, fuller justice is done to
both lawyer and client. An exorbitant fee should never be claimed. As a
general rule, never take your whole fee in advance, nor any more than a
small retainer. When fully paid beforehand, you are more than a common
mortal if you can feel the same interest in the case as if something was
still in prospect for you, as well as for your client. And when you lack
interest in the case the job will very likely lack skill and diligence
in the performance. Settle the amount of fee and take a note in advance.
Then you will feel that you are working for something, and you are sure
to do your work faithfully and well. Never sell a fee-note--at least not
before the consideration service is performed. It leads to negligence
and dishonesty--negligence by losing interest in the case, and
dishonesty in refusing to refund when you have allowed the consideration
to fail.

There is a vague popular belief that lawyers are necessarily dishonest.
I say vague, because when we consider to what extent confidence and
honours are reposed in and conferred upon lawyers by the people, it
appears improbable that their impression of dishonesty is very distinct
and vivid. Yet the impression is common, almost universal. Let no young
man choosing the law for a calling for a moment yield to the popular
belief. Resolve to be honest at all events; and if in your own judgment
you cannot be an honest lawyer, resolve to be honest without being a
lawyer. Choose some other occupation, rather than one in the choosing of
which you do, in advance, consent to be a knave.

_A Fragment. Writ