Los Angeles herald., 1907-08-21
Lists Qualifications Of Ideal Lawyer
Chief Justice Brewer in Atlantic Monthly.


TTVHE ideal lawyer Is such a thing
possible? To many the adjective and
Il the noun stand in contradiction. AS
well speak of the ideal thief. "Ideal' In
| the best sense of the word implies su-
preme excellence. 1t suggests as to per-
sons that moral superiority which at
tracts and compels admiration. But such
a character is to'many incompatible with
the life and work of the lawyer. In the
declaration of the Master Woe unto you
lawyers" they see the deserved con-
demnation of the entire profession In
their judgment one may properly speak
OF the best, the most successful, the most
active lawyer. Indeed, any superlative is
accepted as appropriate which does not
suggest morality.
If the ideal lawyer Is the one who
stands at the head of his profession and
Is regarded as the ablest lawyer, the
question arises: What gives him his posi-
ton? What is the general understanding
of his characteristics and qualificationsY
Many would say that he is one who has
the greatest knowledge of the law and is
the most successful in keeping his clients
safe from the consequences of their own
wrongful conduct The idea that he car
ries conscience into his own life, or into
the advice that he gives his client, is re-
pudiated
Conspicuous In Pubic Life
But a curious contradiction to this de-
nunciation of the lawyer is his prominence
in official life. Without stopping for sta
tistics which have been so often collated.
it is enough to say that in the public
life of this country the lawyer has been
the conspicuous factor. The judiciary, of
course, is altogether composed of members
of the profession. In executive offices and
tive halls fbe "a W has prpdOmiuateQ
and still predominates over every business
and all other professions. Yet the public
life of this country has been of the highest
character. Acting for the public as the
lawyers have done in these various fields
of official labor, they have proved true to
their employment, and it may safely be
said that the scandals which have some
times been found in official life have sell
dom attached to them. How can this be
accounted for except upon the theory of
general personal integrity?
The truth is, their very prominence III
public life, their fidelity to the trusts
therein imposed, is evidence which can
not be ignored that the profession has and
maintains a character for honesty and
which attracts general con-
hdence.
Obligations of Lawyer and Client
Every lawyer aims to be honest with
his clients, and with the court and jury.
compels this. He knows that
fidelity is essential to success. The most
dissolute and depraved man, in the hour
of sickness, seeks a doctor on whose adj
vice he can rely and who will be faithful
to his patient. Never does he call in one
whom he cannot trust. So the worst of
men, needing legal advice, go to a law
yer who will not betray them. And this
is the general rule of all employment. l
care not how corrupt community may
be, let 1t be understood that lawyer is
and he is Stunned by ALL He
loses not only caste, but business. Sell
dom do we hear of a lawyer who proves
false to his client. Indeed, the complaint
is that he is too loyal, and that in order
to serve his client he acts dishonesty to
others and wrongs the public.
In like manner self-interest compels him
to be honest with the court and jury. He
knows that success depends largely on
the confidence which they have in his
1 have been on the bench,
trial and appellate, for forty-one and
half years, have held court in a. dozen
states have had before me thousands of
lawyers, and only in single instance did
1 ever detect one in a deliberate, inten
tional lie, and 1 soon made his practice
in my court so inconvenient that he left
the state.
Exaggerations and Omissions
1 do not mean that have not often
found lawyers exaggerating or emitting
facts. Generally these exaggerations and
omissions were thoughtlessly made, and
were due to the eagerness of counsel to
impress the court with the merits of his |