New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-03-19
LAWYER MORALITY.


LAWYER MORALITY.
Mr.. Richard g. Kimball lately read before
the Law Institute Of eur city a Lecture on
"The Lawyer: the Dignity, Duties and Re-
sponsibilites of his Profession, which has just
been neatly issued by Putnam. 1t is neither
very broad nor very deep, but then there is
this to be said in its favor, that neither is it
very long, while its rhetoric is fair and its
views generally sound and wholesome. We
especially thank the lecturer for assailing with
heartiness and force the current and generally
accepted notion of legal mOrality-that is, the
notion that lawyer is to lie, cheat and coun-
terfeit if necessary, for his clients advantage
"a doctrine squarely and earnestly set forth
BY Lord Brougham (than whom there can be
no higher authority among living lawyers) in
the following oft-quoted terms:
An advocate BY the sacred duties which he owes his
client, knows, in the discharge OF that Office but one
person in the word-ihat client, and other. To
that client by all eXpedient means 70 protect that
client at all hazards and cOst 10 all Others and among
others, to himself, ia the highest and most unques
toned Of his duties he must NOT regard the alarm the
bring on any other
MI Kimball also quotes Paleys slip-shOd,
loose-itting Moral Philosophy to the same
effect, together with the following:
BOSWELL But air, does not affecting warmth when
you have warmth and appearing TO be clearly of one
opinion when you In reality OF another opinion does
not such Discrimination impair ones honesty Ia there
not some danger that lawyer may put on the same
mack ia common lite in the intercourse with his ends
JOHNSON Why no, ar every body kHOps yoH are
paid for affecting Edrh for your client and 1t s there
fore properly no discrimination; the moment you come
from thl bar you resume your usual behavior Sir,
man will carry the srice OF the bar into the
common Intercourse Of society," than q who Is paid
for tumblng will go upon his hands when he should
walk on his ieet.' lBOswells Life Of Johnson.
Now the ready answer to all this is found in
the simple fact that the practices in question
exist. Why should lawyer affect warmth
for his client or assert his belief Of the JUS
tice of his clients cause if he did not expect
to make some impression thereby? What do
his warmth and his assertions mean Is he
lying and assembling for the mere pleasure he
finds therein, or to exhibit his cOnsummate
talent as an actori Clearly not, but in the
hope Of thereby aiding his client. If he felt
that every one would regard his show of earn
estness and solemn asseveratOns as 80 much
stage-play he would certainly intermt them.
He employs them with an obvious, undeniable
view TO effect and, so far as he does so in de-
fance Of his own convictions of justice, he is
hypocrite and a knaye. The induration of
Habit and the unquestioned acceptance of
false Morality may enable him to do this with
cut consciousness Of its villainy, but il is
utterly impossible that man should 90 on
from day to day affirming Wrong to be Right,
and cOnjuriDg up sophisms and subtleties In
tended to impose on others the erroneous
opinions which he affects but does not enter
tain, without deep and lasting injury TO his own
character. Hence it is that the vulgar con-
ceptiOn Of, lawyer, and, rascal, as convertible
terms, though exaggerated, has foundation
in fact. The mass of mankind are and always
must be familiar with the lower and less hon.
orable exhibitions of lawyer-craf; they do not
see Webster arguing the Dartmouth College
case or Writ arraigning Burr, but the village
pettifogger exhausting his little store of legal
quips in defeating an honest claim or some
county attorney clearing hog-thief from his
wen-deseryed state prison tour by picking
flaw in the indictment, and they too rashly con-
clude that Law and Knavery are synonymous
Mr. Kimbsll does pOt appear to see, what
seems to us very clear, that there is radical
vice in the present relation Of the lawyer TO
Society. He says:
know that, 10 the young attorney especially who
jus, commencing in the world and who perhaps has
struggled WIKI difficulties and Degins bis profession with
Out means and who must in consequence have imne-
diae occupation Is hard 70 take exceptions 20 the coz
Duct q client who brings hun his hrst cause although
he should dictate 70 hnn course which be would bl.h
10 follow LEA the young attorney resist He must
reject nat tnere no occupation despicable as N
which undertakes 70 conduct ctieaneres and rtr1les
e! second hand. lie must AK himself Can do IRIS
sEe Preterve my selfTespect = lie must reject win
seoi al pafonsge profered him a. the instrument Of
Be, net bow much he make out Of bis pro6s,son
bIE bow he can best sdorn H. Let him hold ON, it5
itN dea unto tie end, and he shall have bis reward
All this is very fine, but it does not make
the pot boil. Here is the young attorney, lust
launched, with his sheepskin in bis pocket. his
single over the door, his board and rent 20 be
paid, and the alternative plain before him Of
business or the meanest kind of bankruprcy-
inability TO pay his bOot-blask and laundress
Now the best most honorable, most profitable
business, is morally certain not to come
TO him-he must accept and be thankful
for such as the bell-vethers win not touch.