--indorse the estimate of a man entertained by his
associates of the Bar, unless indeed there be some glaring defect of
popular qualities. The community know that they are better qualified to
judge of legal attainments, that they have the best opportunity of
judging, and that they are slow in forming a judgment. The good opinion
and confidence of the members of the same profession, like the King's
name on the field of battle, is "a tower of strength;" it is the title
of legitimacy. The ambition to please the people, to captivate jurors,
spectators, and loungers about the court room, may mislead a young man
into pertness, flippancy, and impudence, things which often pass current
for eloquence and ability with the masses; but the ambition to please
the Bar can never mislead him. Their good graces are only to be gained
by real learning, by the strictest integrity and honor, by a courteous
demeanor, and by attention, accuracy and punctuality in the transaction
of business.
The topic of fidelity to the client involves the most difficult
questions in the consideration of the duty of a lawyer.
He is legally responsible to his client only for the want of ordinary
care and ordinary skill. That constitutes gross negligence. It is
extremely difficult to fix upon any rule which shall define what is
negligence in a given case. The habits and practice of men are widely
different in this regard. It has been laid down that if the ordinary and
average degree of diligence and skill could be determined, it would
furnish the true rule.[9] Though such be the extent of legal liability,
that of moral responsibility is wider. Entire devotion to the interest
of the client, warm zeal in the maintenance and defence of his rights,
and the exertion of his utmost learning and ability,--these are the
higher points, which can only satisfy the truly conscientious
practitioner.
But what are the limits of his duty when the legal demands or interests
of his client conflict with his own sense of what is just and right?
This is a problem by no means of easy solution.
That lawyers are as often the ministers of injustice as of justice is
the common accusation in the mouth of gainsayers against the profession.
It is said there must be a right and a wrong side to every lawsuit. In
the majority of cases it must be apparent to the advocate, on which side
is the justice of the cause; yet he will maintain, and often with the
appearance of warmth and earnest
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