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action advantage advocate American American bar American lawyer applied argument authority barrister become better Boston bring cause character Chief Justice civil claims client comes common conduct counsel course court defend determine duty effect England English enter exist facts favor fees follow force give given hand human ideal important influence institutions interest judge judgment judicial jury justice knowledge lawyer leading learning legal profession less Lord means mind moral nature necessary never once opinion opportunity particular parties position practice present principles probably procedure profession professional proper questions reason relations Reports rules seldom social society speak student success suit things thought tion trial true truth United wrong York
Page 57 - Commentaries in America as in England. General Gage marks out this disposition very particularly in a letter on your table. He states that all the people in his government are lawyers or smatterers in law ; and that in Boston they have been enabled by successful chicane wholly to evade many parts of one of your capital penal constitutions.
Page 84 - Sir. you do not know it to be good or bad till the judge determines it. I have said that you are to state facts fairly; so that your thinking. or what you call knowing a cause to be bad. must be from reasoning. must be from your supposing your arguments to be weak and inconclusive.
Page 56 - But all who read, and most do read, endeavour to obtain some smattering in that science. I have been told by an eminent bookseller, that in no branch of his business, after tracts of popular devotion, were so many books as those on the law exported to the plantations.
Page 84 - Johnson,) a lawyer has no business with the justice or injustice of the cause which he undertakes, unless his client asks his opinion, and then he is bound to give it honestly. The justice or injustice of the cause is to be decided by the judge.
Page 38 - Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time.
Page 85 - A lawyer is not to tell what he knows to be a lie; he is not to produce what he knows to be a false deed; but he is not to usurp the province of the jury and of the judge, and determine what shall be the effect of evidence, what shall be the result of legal argument.
Page 21 - For who knows not that Truth is strong, next to the Almighty ; she needs no policies, nor stratagems, nor licensings to make her victorious, those are the shifts and the defences that Error uses against her power.
Page 83 - ... regard the alarm, the suffering, the torment, the destruction which he may bring upon any other. Nay, separating even the duties of a patriot from those of an advocate, and casting them, if need be, to the wind, he must go on reckless of the consequences, if his fate it should unhappily be to involve his country in confusion...
Page 78 - We will not at present inquire whether the doctrine which is held on this subject by English lawyers be or be not agreeable to reason and morality ; whether it be right that a man should, with a wig on his head, and a band round his neck, do for a guinea what, without those appendages, he would think it wicked and infamous to do for an empire...
Page 138 - The first thing for a business-like understanding of the matter is to understand its limits, and therefore I think it desirable at once to point out and dispel a confusion between morality and law, which sometimes rises to the height of conscious theory, and more often and indeed constantly is making trouble in detail without reaching the point of consciousness. You can see very plainly that a bad man has as much reason as a good one for wishing to avoid an encounter with the public force, and therefore...