t
with a manner and courtesy which affords no ground for irritation,
either in witness or opponent; and in such case, if his questions
produce irritation, it is a circumstance which will weigh in his favor.
The practitioner owes to his client, with unshaken fidelity, the
exertion of all the industry and application of which he is capable to
become perfect master of the questions at issue, to look at them in all
their bearings, to place himself in the opposite interest, and to
consider and be prepared as far as possible, for all that may be said or
done on the contrary part. The duty of full and constant preparation, is
too evident to require much elaboration. It is better, whenever it is
possible to do so, to make this examination immediately upon the
retainer, and not to postpone it to later stages in the proceedings. The
opportunity is often lost, of ascertaining facts, and securing evidence,
from putting off till too late, the business of understanding thoroughly
all that it will be necessary to adduce on the trial. In this way, a
lawyer will attain what is very important, that his client may be always
prepared, as well as himself, have his attention alive to his case, know
what witnesses are important, and keep a watch upon them, so that their
testimony may not be lost, and upon the movements of his adversary, lest
he should at any time be taken by surprise. It would be an excellent
rule for him, at short stated periods, to make an examination of the
record of every case which he has under his charge. It always operates
disadvantageously to an attorney in the eyes of those who employ him, as
well as the public, when he fails in consequence of some neglect or
oversight. Frequent applications to the court, to relieve him from the
consequences of his inattention, tell badly on his character and
business. He may be able to make very plausible excuses; but the public
take notice, that some men with large business never have occasion to
make such excuses, and that other men with less, are constantly making
them. Every instance of the kind helps to make up such a character. A
young man should be particularly cautious, and dread such occurrences as
highly injurious to his prospects. If he escapes the notice and
animadversion of his constituent, and the legal consequences of his
neglect, by the intervention of the court, or the indulgence of his
opponent, the members of the Bar are lynx-eyed in observing such things.
It m
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