Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1843-11-16
nj I s. q d u u a 81 z o
DUTIES OF ATTORNEYS.

The following charge of Mr.. Justice Willis,
in the Supreme Court at Melbourne, respect
ing the duties of an attorney, is extracted from
/ the Sydney Herald of 25ih May last
have unfortunately more than once had
occasion to censure the conduct of some of
the attorneys of this court. and have recent
qy been compelled to strike one off the rolls
for refusing TO explain certain transactions
with his client, which appeared to me dis
honourable and unjust. 1t may oe well, there
fore, if ! avail myself oil the occasion, when
applcationShave been made by gentlemen to
practice III that branch Of the profession, cam
didly TO state what believe to be the duty of
an attorney, solicitor, and proctor of this
court.
1 repudiate the common doctrine that it
rs meritorious in a lawyer alike mfleXibly TO
support the cause of his client, be it good on.
Dad. An attorney ought, think, to the ut
most of his ability, TO acquaint himself with
the merits OF every case in which he is con-
suited. He should discourage suits for fri
volous and trivial demands. lie should new
er attach himself to persons who, from pre-
tended zeal against imposition or oppression,
or through pertinacious humour and an un-
reasonable jealousy of their most minute
rights, are involved i'll perpetual coniemiion
powerful client, much less for the sake of gain,
undertake cause which does not appear TO
be Just, except the fact on which the merits
turn, is uncertain, or the construction of law
is doubtful; and less still should he support
the best cause by falsehood, or prevaricalion,
or suppression of the truth, or by laying an
dndHe stress on suspected evidence. He
ought not to encourage, or (if avoidabe) pro-
duce bold and daring Witnesses, disposed to
make free with truth, that they may ensure
victory. He should never ovcrawe nor init
midate the adverse party, or take an advantage
OF oversight in his counsel or attorney, or of
want of form in the pleadings, unless where
he stands OH the defensive, and the attack on
his client is VIGOROUSLY injurious. He ought
not to mlslead nor impose on the court, if in
his power, nor proiong the cause, nor enhance
the costs, Trough at the expense of his adj
versary nor appeal from decision, unless
he rs persuaded i'll his conscience, and advised
by his counsel, that (what may sometimes
happen through the lallibilty of all human
JudIcature) the determination is erroneous in
point of substantial justice.
In all other cases as soon as iudpment is
given, or the decree pronounced, he should
pursuade his client to acquiesce; nay, if while
the suit is depending, he receives conviction
that his clients demand or defence is ill
founded, he should advise him to drop the suit
and agree with his adversary and if such adj
versary be poor, or has been injured by hav-
ing his just right withheld OF impeached, to
make him ample reparation. Should the de-
cIsion be Ill favour Of his client, but appear to
oe hard though just sentence, he ought not
10 encourage him to take the umos. advan-
fage Oh the rigour or power of the law, while
equity or poverty calls for compassion or a.
batement.
In criminal cases he should act with spirit
and resolution against hardened and daring Of
senders, but should be very cautious not to
snJure nor Cypress, and much more so not TO
add insult TO severity Process of law is Of
ten slow, in order to preserve the unwary or I'M
skiiul from being surprised, and TO afford the
farer opportunity of bringing truth to light;
but delays should never be INDUCED in where
a decision can be speedily obtained without
derogating frofl justice. In giving advice on
mortgages or purchases, or in any money
transactions, an attorney should discourage
every undue advantage of the ignorant, UNI
wary, or necessitous. When the debtor is in
solvent, the attorney should promote equality
i'm payment. Where debtor is unfortunate.
the attorney should dispose the creditor to
show favour and compassion. Where the
debtor shows himself to have been de-
signing villain, the attorney should shun
all unnecessary connection and communica-
ton with him. In settlements and other fam
lily transactions, secrecy is more especially re-
quisite. Great attention should be had i'll dis
posing Of estates by wills, so that no creditor
may remain for any length of time unsatisfed,
and that peace and harmony may be preserv-
cd among children and relatives of the tesla
tor.-Care should be taken at all times, and
especially when the teslator's faculties are in
any wise impaired, to procure witnesses of un-
doubted reputation to the execution of the
will.
There are other matters within the scope
of all attorneys duty, which without paricu-