counsel would be subject to a
pressure perfectly intolerable, most unreasonable, most unfair to
themselves, leading to results seriously prejudicial to the interests of
their clients; and a practice would be introduced entailing great evils
and inconveniences, affecting the credit and honour of both branches of
the legal profession. The rule in question rests upon the above, among
many other valid reasons, and is generally acted upon. No one, however,
can have any practical knowledge of the bar, without being aware of very
many instances of counsel disregarding that rule, and evincing a noble
disinterestedness in the matter of fees, either returning or declining
to accept them, at a severe sacrifice of time and labour, after great
anxiety and exertion have been bestowed, and successfully bestowed. The
rule in question is rigidly adhered to, subject to these exceptions by
eminent counsel, on another ground; viz. for the protection of junior
counsel, who would be subject to incessant importunities if confronted
by the examples of their seniors. Take, now, the case of a counsel who
has eclipsed most, if not every one, of his competitors, in reputation,
for the skill and success of his advocacy--who is acute, ready,
dexterous, sagacious, eloquent, and of accurate and profound legal
knowledge: that is the man whose name instantly occurs to any one
involved, or likely to be involved, in litigation--such an one must be
instantly secured--_at all events, taken from the enemy_--at any cost.
The pressure upon such a counsel's time and energies then becomes really
enormous, and all but insupportable. As it is of the last importance
either to secure his splendid services, or deprive the enemy of them,
such a counsel--and such, it need hardly be said, was Sir William
Follett--is continually made the subject of mere speculation by clients
who are content to take the _chance_ of obtaining his attendance, with
the _certainty_ of securing his absence as an opponent. When, however,
the hour of battle has arrived, and, with a compact array visible upon
the opposite side, the great captain is _not_ where it had been
hoped--or thought possible that he might have been--when, moreover, no
adequate provision has been made against such a serious
contingency--when the battle has been fought and lost, and great
interests are seriously compromised, or for ever sacrificed--_then_ the
client is apt, in the first smarting agony of defeat, to forget th