confine
not yourself in your transactions with your fellow-men to giving them
simply the strict measure of their legal rights: give them all that is
honestly theirs as far as you have ability, whether the law affords them
a remedy or not. There have been some noble instances of bankrupts who,
upon subsequently retrieving their fortunes, have fully discharged all
their old debts, principal and interest, though released or barred by
the Statute of Limitations; but such instances would be more common if
the spirit of the high and pure morality, which breathes through the
sermon on the mount, prevailed more extensively.
An important clause in the official oath is "to delay no man's cause for
lucre or malice." It refers, no doubt, primarily, to the cause intrusted
to the attorney, and prohibits him from resorting to such means for the
purpose of procuring more fees, or of indulging any feeling he may have
against his client personally. Such conduct would be a clear case of a
violation of the oath. But it is a question, also, whether the case
generally, in which he is retained, is not comprehended.[23] How far,
then, can he safely go in delaying the cause for the benefit of, and in
pursuance of the instructions of his client? A man comes to him and
says: "I have no defence to this claim; it is just and due, but I have
not the means to pay it; I want all the time you can get for me." The
best plan in such instances, is, no doubt, at once frankly to address
his opponent, and he will generally be willing to grant all the delay
which he knows, in the ordinary course can be gained, and perhaps more,
as a consideration for his own time and trouble saved. If, however, that
be impracticable, it would seem that the suitor has a right to all the
delay, which is incident to the ordinary course of justice. The counsel
may take all means for this purpose, which do not involve artifice or
falsehood in himself or the party. The formal pleas put in are not to be
considered as false in this aspect, except such as are required to be
sustained by oath. In an ejectment, for example, an appearance need not
be entered until the second term, the legislature having seen fit to
give that much respite to the unjust possessor of real estate. But to
stand by and see a client swear off a case on account of the absence of
a material witness, when he knows that no witness can be material; or
further to make affidavit that his appeal or writ of error is not
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