The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1907-11-09
Press and Comment
Judge of the Bar.

warfare to enfranchise itself from lawyercraft
Undoubtedly he had suffered at the hands of men
learned unlearned in practicing the profession
of law, and he emitted his crouch as community
aphorism Harsh his comment sounds it is not
however, to be compared in its direct attack upon
the profession of the law, with a recent editorial
article for the Chicago Tribune by Justice David J.
Brewer of the Supreme Court of the United States,
who, under the startling title Justice Dies If Lawyer
Is Dishonest" discourses upon the dangers from
lawyercraft which are visible to his trained eyes.
Here are some of the views expressed by the
learned jurst:
In every community the lawyer is leader. He
is trusted counselor. If he falls who shall stand
The idea of his professional life is loyalty to the
welfare and not pecuniary or political sue
His object is the promotion of justice; for
it is most serious miSconception to suppose that
justice is specially and solely the object of the work
of the Judge while the lawyers is merely the success
of his client The old idea that lawyer must be
all that his client wishes is passing away. He has
no right to barter his own integrity to sell his honor
or his conscience. The courtroom always should be
other than mere arena in which intellectual ath-
lees meet, striving simply to trip and throw each
the other The judge is something than the
umpire of debate Judge and counsel alike IN every
law suit should have the supreme thought and
purpose the establishment of justice That will be
most likely secured when counsel each side fairly
candidly and fully present all the facts and the law
he understands them
A true lawyer may not say 81 know that my
words are false but it is not I but my client who
is lying. | know that judge and jury are being de-
ceived, imposed upon, but | merely potters clay
in my clients hands, fashioned by him for the mo-
ment into a vessel of dishonor. The moment the
trial is will refashion myself into vessel of
honor" No such moral transformation is possible.
The whole body has been corrupted by this poison
of the individual.
Na;tI he
hind him when he enters his office. Standing face
to face with his client he is not alone with that client
The whole organism of society is with him, demand
ing that his advice shall be something than
how to succeed and shall include how to do justice
In the present day Of intense commercialism the
lawyer cannot escape its temptations. Indeed, in
some aspects, he is more exposed than Others The
rapid accumulation of money is mania Money
mad was the criticism placed upon a gentleman who
personally socially and in the ordinary affairs of
life kind considerate in his treatment of those
in his employ, generous and, according to purely
legal standards, honest, but who in the domain of
business had acted apparently upon the theory that
whatever not positively prohibited by statute IS
morally right and SO in many ways, some of which
certainly open to criticism, had accumulated
large property Such man will seek the brainlest
counsel, one who can advise correctly as to the
precise limits of the law but his only thought is of
the brains and knowledge and the lawyer who best
answers that thought will get employment and COM
pensation corresponding to the pecuniary returns
which follow the advice. Counsel responding to his
demands, may in of the term be honest,
but it is negative honesty. 1t is honesty which
regards simply the client, the statute and the pay.
It is honesty which ignores the fact that both
,lent and counsel are members of society and as
umes that there is no moral obligation upon either
o respect the general welfare They put themselves
nto antagonism to those obligations which every
over of his country should feel and the multitude
f clients of this character increases, so is there
Increasing reaching out for counsel who will
pond to their demands Pecuniary compensation
blows the success of the advice which is given, of
ne services which rendered
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