y will wear the usual badge of
mourning during the residue of the term.

Resolved, That the Chairman communicate to the family of the deceased a
copy of these proceedings, with an assurance of our sincere condolence on
account of their heavy bereavement.

Resolved, That the Hon. A. Williams, District Attorney of this Court, be
requested in behalf of the meeting to present these proceedings to the
Circuit Court, and respectfully to ask that they may be entered on the
records.

E. N. POWELL, Sec'y. SAMUEL H. TREAT, Ch'n.

NOTES FOR LAW LECTURE

(fragments)

JULY 1, 1850

DISCOURAGE LITIGATION. Persuade your neighbors 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
over-hauls 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.

This idea of a refund or reduction of charges from the lawyer in a failed
case is a new one to me--but not a bad one.

1851

LETTERS TO FAMILY MEMBERS

TO JOHN D. JOHNSTON.

January 2, 1851