New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-02-04
LOCAL MISCELLANY.
ALAWYER's DUTY.
THE RELATION OF LAWYER AND CLIENTELE
TIRE BY WILLIAM ALLEN BUTLER.

THE REL ALTON OF LAWlth AMI Ni'lhNi
TIRE BY WILLIAM ALLEN BUTLER.
A large and attentive audience flied the
chanel Of the University evening to listen to lee
&ure nv William Allen Buterthe third OF the series OF
Iaw Leetures"on the subject Of the relations arising
between lawyer and client Mr.. Butler commenced by
observing that every man who subscribed the roll ana
took the oath OF an attorney and counselor-at-law
adopted much-malgned profession. The literature OF
our native tongue is filed with sharp sarcasms against
lawyers. Dean Swift, Congreve, Milton, had all had
their ings at the profession, and even John wesley
who though something Of seer hal no pro
phetio vision Of Book Concerns ana ther
agents. had INDUCED in diaribe which was IN reah'y
copied frem Swift and thus his oense was taken from
the category Of original sins Wordsworth too had ioi
lowed suit and in his Poets Eptaph" had denounced
the profession still oonradistncton to this whole
Gale denuncston have the trust and CONFIDENCE uni
versaly imposed in lawyers. This Is explained by the
admitted fact that there rogues in all professions,
and that az the is the most positive OF all human
sciences creates constant antagonism IN society
Thus It frequently takes away real estate from those
who would prefer to keep II; it makes men pay thelr
debts when they had resolved upon repndla thg W.
broak
and clients. Il Is 10 he remarked that there is III
which the legal profession sbhOrs II Is thst cIeatu ~
the want OF client The nrst ana oSsSns That Of st
The root Of the word client signhes sulto oI
nobeman. the Roman law the clients were tnGs9
whom the feuda protected, and who acted as Knu
OF bodyguard to their patron At me p rese Attend
The lawyer court but fortunately a. ruie o
not home with him Inc wore l S;re e which
does mol breed cOntenpt-s derived from the Lat ,es
and implies trust and that ths hreyeT owes his
trustee OF the client Inc IaWye s NJ hScanse az
Iealty TO client not because OF the Zee pu VI
down the rule thai r counsel should always tel ms
client the truth. / also true I1st inH5e here pe
viewed the legislation in TINS State on the snPeCt anu
remarked that the original enactment fci olulns
"a Dpg ID
ness for themselves, was embodied IN the hc'l n
Statutes But it is not enough that the lawyer does
The Instructions OF client are no excuse !or shaiP
practice. But here meet with graYer queS9ns anu h
NAV ask first whether lawyer act az all when ns
clients moral character Is bad In ansWeIus ms =,
do with the moral character personal career OF ms Gil
e he has simply 70 see that No he m ataS bow
had my ohent may be, no m nav statuta
Limitations to plead defense, am in no wise re;
sponsble IT, II my client were the most sources Oh
should be as fully Justified in representing It in the
Courts as were the most beneneent OF nsutu4ns,
for his clients character, it may be asked d
in the second place, how Tar oo, me rs the
ease Assuming that there two sides, can
s G is One no be be Observed that the truth Of
facts IS thing, and the truth evolved NY ue dppi
cation rules of law quite another DIT Ionhsp Es9
in his rough way Boswels asking whether lawyer
could defend winch he knew 70 be eau: . gu 90
not know is bad until Tho Judge 50 DECIDES w LIS Sou
business to present the facts. leaving their
The practical question Is nov lar eau 49,? 80
an MS advocacy Lord BTOu gham In his defense o queen
Caroline adv the opinion thai the lawyer ueiOseu
entirely 10 hs client, and that he was thus Justneu II
adoptng any which might result 70 Ms duN
Tie outrageous character OF TINS pIineiple We
strated murder ease In England ABOUT he
There the counsel received the G N sioT
and sin actually attempted 10 fasten the Crlhe
upon innocent third party 10 secure Ms SileuD %
outtal To a certain extent, however, JOHNSON Was
night. =, H., ,o, +o rlead
against MS convictions and actually succeed against ms
EXPECTATIONS simply because be not the Judge IN
apto himself. that there are tender ana senal
awe moral natures that SHRINK from piV4eseLou
that puts them to such tests, but lawyers
ar IN try only those which there Is no DOUBT
and If they are search with candle LOT honest cll
ents no man could be lawyer and we must turn Ou
lacks upou the profession, Let us 90 what We Can
ore il understood that lawyers the ministers Oh
Justice its administrators ana that VIC az oS
epousbe unjust laws, the trainers OF WHICH W. may
I'm naming how far the lawyer is amenable for his
conduct clients case IL may be relnaIked tn ne
is amenable 70 the rules OF the 6ourt, anu re-
course cOntTayenes good morals lie u alSo & 70
nube sentiment represented by the Press, Dut the
Press can only properly judge when the facts nave pee
clearly ascertained Public opinion is nae Ihe ali
Indisturhed pure hut when agltaed 10y the gusts "
passion IL instrument OF torture but 'e
lawyer is amenable, first o all last OF A. ana nS' ~
all TO his conscience The Lecturer theD Dleuy al
luded TO obvious duties OF the lawyer such as Sc
crecy regarding his clients affairs the advocacy o! lhe
Door as well the rich man, and the prompt payment
II All moneys due his client into the latter's
hands, and remarked that the cIehI oMeu eei
tain reciprocal duties 10 his legal adviser, sucn
must be remembered that the lawyer does not labor
for "A mere pecuniary remuneration. de mas mgher
mission and reward Let us aim, concluded MT ButIe
so 10 act that shall serve that Eternal Jubce Wncn
Ia earlier than time and older than all creeds and whose
DEGREES Mil he executed when all human systems sbal
have spent their force.