DUTIES AND NEEDS OF AN ADVOCATE.

There is undoubtedly a limit to the exertions of an advocate for his

client. He has a right, it is his bounden duty, to do every thing which his

client might honestly do, and to do it with all the effect which any

exercise of skill, talent, or knowledge of his own may be able to produce.

But the advocate has no right, nor is it his duty, to do that for his

client which his client _in foro conscientiae_ has no right to do for

himself; as, for a gross example, to put in evidence a forged deed or will,

knowing it to be so forged. As to mere confounding of witnesses by skilful

cross-examination, I own I am not disposed to be very strict. The whole

thing is perfectly well understood on all hands, and it is little more in

general than a sort of cudgel-playing between the counsel and the witness,

in which, I speak with submission to you, I think I have seen the witness

have the best of it as often as his assailant. It is of the utmost

importance in the administration of justice that knowledge and intellectual

power should be as far as possible equalized between the crown and the

prisoner, or plaintiff and defendant. Hence especially arises the necessity

for an order of advocates,--men whose duty it ought to be to know what the

law allows and disallows; but whose interests should be wholly indifferent

as to the persons or characters of their clients. If a certain latitude in

examining witnesses is, as experience seems to have shown, a necessary mean

towards the evisceration of the truth of matters of fact, I have no doubt,

as a moralist, in saying, that such latitude within the bounds, now

existing is justifiable. We must be content with a certain quantum in this

life, especially in matters of public cognizance; the necessities of

society demand it; we must not be righteous overmuch, or wise overmuch;

and, as an old father says, in what vein may there not be a plethora, when

the Scripture tells us that there may under circumstances be too much of

virtue and of wisdom?

Still I think that, upon the whole, the advocate is placed in a position

unfavourable to his moral being, and, indeed, to his intellect also, in its

higher powers. Therefore I would recommend an advocate to devote a part of

his leisure time to some study of the metaphysics of the mind, or

metaphysics of theology; something, I mean, which shall call forth all his

powers, and centre his wishes in the investigation of truth alone, without

reference to a side to be supported. No studies give such a power of

distinguishing as metaphysical, and in their natural and unperverted

tendency they are ennobling and exalting. Some such studies are wanted to

counteract the operation of legal studies and practice, which sharpen,

indeed, but, like a grinding-stone, narrow whilst they sharpen.

_November_ 19. 1831.

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