Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1851-12-24
Advice to the Young Attorney.

young attorney we extract from Tho
Monthly Legal Examiner for June, 1850
The extracts here given may, perhaps
be read with profit by members of the le'
gal profession both old and young.
I Before we proceed to review in detail
the various branches Of your practice, and
to describe the duties that viii deyolye
upon you in the conduct of each one II
its turn, let us endeayor to throw togeth'
er few hints for your conduct towards
your clients generally. We viii suppose
that you have seated yourself in your of
fee for the first time TO wait the coming
of employment. Such moment is an
appropriate one for reflection upon the
new and important duties that have de-
volved upon you, and the manner in which
you should endeavor to discharge them.
You win naturally desire to prescribe to
yourself code of rules for conduct by
which you may be guided in the practice
of your Profession-so perilous because
so full of temptation so frsught with use
fulness to the world, so honorable to your
self, if rightly pursued; so pestiferous to
the community. and so self destructive, if
dishonesty or dishonorably practiced.-
The difference for you now to make be-
tween the Ldieyer and tie Peaifoggsr-the
difference is between the respect and the
reviling of the world-between the gen.
tlemsn and the ickpocket-between be-
ing benefactor or pest to society
Let it be your first resolve 0lsc0ys to
consult your clients interest tViti0at reference
TO your Own. In almost every case that
offers itself it will be competent to you to
crease costs, the other of which will pre-
vent them. 1t is your duty Gl'0Gys to
adopt the latter.
The duty is sufficiently obvious ; the
difficulty lies in the performance of it
Certainly some self-denisl is demanded to
counsel peace when your very client is
painting for war, and when merely to fall
in with his wishes will be to fill your poe
ket with fees, while to thwsrt him is to
reject great gains, and, perhaps, even to
hazard his displeasure. Yet it must be
done. Your duty is to advise him con-
scicnIiously for his advantage, and you
must resolutely, and without glance at
the golden vision on the other side, give
him your honest opinion, and counsel him
for HIS profit
And difficult as it may appear. this du-
ty IS done, daily and hourly, By the at
torneys, to an extent far beyond anything
of which the prejudiced public has any
conception. 1t may appear to be para
dox but it is strictly true, that the attor-
neys are the great peacendkers of society.
But for their Intervention there would be
tenfold more of personal violence, and fif-
tyfold more of litigation than now exists.
For one quarrel they promote, they settle
a hundred.
This consideration for your client and
forgetfulness of yourself is, however, not
the most difficult trial to which you will
be subjected. 1t happens not unfrequent
ly that client goes to his attorney under
the influence of anger, smarting under
the sense of some real or imaginary wrong,
and thirsting for revenge. Passion will
never listen to reason; you may suggest
to him doubts, difficulties, expenses-in
vain; he will not see nor regard them
If you hesitate, if you will not fall in with
his humor and flatter his anger, promise
him revenge, and show yourself as ready
to plunge him into litigation as he is to
begin it, he finds fault with you he thinks
you ignorant or timid and he quits you
to seek some adviser less honest, who
will fatter his passion. Tou will have
done your duty, but you will have lost
your client.
In such circumstances, without aban-
doning an iota of your principle, for his
sake, equally as for yolr own, you may
have recourse to management. Seeing
that his reason is under the control of his
passions, you may. defer your appeal to
the former till the latter have somewhat
subsidized. 1t is not required of you that
you should drive him from your office by
direct opposition. Hear his grievance
patiently sympathize with his indigna-
ton if you see no immediate prospect
of pacific advice being received, tell him
that you will look into the case, that you
will give it grave consideration, and state
your opinion the next day. BY that time
he is pretty sure to be somewhat cooled.
Even then, unless you are satisfied that
he is in a condition to listen to calm adj
vice, it would be imprudent to offer di-
rect opposition to his desires. Admit his
wrong, but set before him the difficulties
in the way of redress, and especially the
cost of it, and submit to his consideration
whether it would not be more prudent to
compromise. Appear to leave the deci'
sion to him, only taking care to put him
in possession of all the elements which
should determine him. as prudent man,
not to fight. and then recommend him to
give mature deliberation to the matter be-
fore he resolves. If, after that, it should
be his desire to proceed, your duty will
be done, and you may rightly undertake
the conduct of the case, although never
emitting any opportunity that may offer
in its progress for prompting him to an
amicable settlement