e
_chance_ which he had been content to run, and to persuade himself that
he had from the first calculated as a matter of _certainty_ on the great
man's attendance--and intense is that client's chagrin, and loud are his
complaints. Can it be supposed that this eminent counsel is not
sufficiently aware of the true state of the case? It is but fair to
give him credit for being under the impression, that all which is
expected from him, in many cases, is his best exertions to attend the
trial or hearing--to provide an effective substitute, if unable to
attend--and give due attention to the case at consultation. For counsel
to act otherwise, deliberately to receive a brief and fee, in a case
which he _knows_ that he cannot possibly attend, without in the first
instance fairly intimating as much to the client--to do so, in cases of
importance, and habitually--is surely most foully dishonourable,
dishonest, and cruel; and conduct which there is no pretence for
imputing to the members of the bar. It cannot, however, be denied, that
very serious misunderstandings occasionally arise on such occasions; but
there are many ways of accounting for them, without having recourse to a
supposition involving such serious imputations upon the honour of
counsel--arising out of _bona fide_ accident and mistake--the
unavoidable hurry and sudden emergencies of business--misunderstandings
between a counsel and his clerks;[B] between either or both, and the
client--and the perplexity and confusion almost necessarily attending
the movements of very eminent counsel. On such occasions every thing is
usually done which can be dictated by liberality and honour, and fees
are returned without hesitation. If, however, the case can be looked at
from another point of view--if the eager client be fairly apprised by
the clerk, that Sir ---- or Mr ---- "may not be able to attend"--or,
"there is a _chance_ of his attending"--or "he is very likely to be
elsewhere"--and, aware of the multifarious and conflicting calls upon
the time of Sir ---- or Mr ----, will be content to take his "chance,"
and deliver his brief, and pay his fee; in such a case the client will
have had all which he had a right to expect,--viz. the chance, not the
certainty; there will be no pretence for alleging careless
misunderstanding or deception.

If ever there were a member of the English bar who may be said to have
been overwhelmed by the distracting importunities of clients to secure