MY FIRST BRIEF

“A lawyer,” says an old comedy which I once read at the British Museum,

“is an odd sort of fruit--first rotten--then green--and then ripe.”

There is too much of truth in the homely figure. The first years of a

young barrister are spent, or rather worn out, in anxious leisure. His

talents rust, his temper is injured, his little patrimony wastes away,

and not an attorney shows a sign of remorse. He endures term after term,

and circuit after circuit, that greatest of all evils--a rank above his

means of supporting it. He drives round the country in a post-chaise,

and marvels what Johnson found so exhilarating in its motion--that is,

if he paid for it himself. He eats venison, and drinks claret; but he

loses the flavour of both when he reflects that his wife (for the fool

is married, and married for love too!) has perhaps just dined for the

third time on a cold neck of mutton, and has not tasted wine since their

last party--an occurrence beyond even legal memory. He leaves the

festive board early, and takes a solitary walk--returns to his lodgings

in the twilight, and sees on his table a large white rectangular body,

which for a moment he supposes may be a brief--alas! it is only a

napkin. He is vexed, and rings to have it removed, when up comes his

clerk, who is drunk and insolent: he is about to kick him down stairs,

but stays his foot on recollecting the arrears of the fellow’s wages;

and contents himself with wondering where the fellow finds the means of

such extravagance.--Then in court many are the vexations of the

briefless.--The attorney is a cruel person to them--as cruel as a rich

coxcomb in a ball-room, who delights in exciting hopes only to

disappoint them. Indeed I have often thought the communications between

the solicitors and the bar have no slight resemblance to the flirtation

between the sexes. Barristers, like ladies, must wait to be chosen. The

slightest overture would be equally fatal to one gown as the other. The

gentlemen of the bar sit round the table in dignified composure,

thinking just as little of briefs as a young lady of marriage. An

attorney enters--not an eye moves; but somehow or other, the fact is

known to all. Calmly he draws from his pocket a _brief_: practice

enables us to see at a glance that the tormentor has left a blank for

the name of his counsel. He looks around the circle as if to choose his

man; you cannot doubt but his eye rests on you; he writes a name, but

you are too far off to read it, though you know every name on your

circuit upside down. Now he counts out the fee, and wraps it up with

slow and provoking formality. At length all being prepared, he looks

towards you to catch (as you suppose) your eye. You nod, and the brief

comes flying; you pick it up, and find on it the name of a man three

years your junior, who is sitting next you: you curse the attorney’s

impudence, and ask yourself if he meant to insult you.--“Perhaps not,”

you say, “for the dog squints.”--I received my maiden brief in London.

How well do I recollect the minutest circumstances connected with that

case! The rap at the door! I am a connoisseur in raps--there is not a

dun in London who could deceive me: I know their tricks but too well;

they have no medium between the rap _servile_, and the rap _impudent_.

This was a cheerful touch; you felt that the operator knew he should

meet with a face of welcome. My clerk, who is not much under the

influence of sweet sounds, seemed absolutely inspired, and answered the

knock with astonishing velocity. I could hear from my inner room the

murmur of inquiry and answer; and though I could not distinguish a

word,--the tones confirmed my hopes;--I was not long suffered to

doubt--my client entered, and the roll of pure white paper tied round

with the brilliant red tape, met my eye. He inquired respectfully, and

with an appearance of anxiety, which marked him to my mind for a perfect

Chesterfield, if I was already retained in ---- _v._ ----? The rogue

knew well enough that I had never had a retainer in my life. I took a

moment to consider; after making him repeat the name of his case, I

gravely assured him I was at perfect liberty to receive his brief. He

then laid the papers and my fee upon the table; asked me if the time

appointed for a consultation with the two gentlemen who were “with me”

would be convenient; and finding that the state of my engagements would

allow me to attend, made his bow and departed. That fee was sacred, and

I put it to no vulgar use. Many years have now elapsed since that case

was disposed of, and yet how fresh does it live in my memory! how

perfectly do I recollect every authority to which he referred! how I

read and re-read the leading cases that bore upon the question to be

argued! One case I so _bethumbed_ that the volume has opened at it ever

since, as inevitably as the prayer-book of a lady’s maid proffers the

service of matrimony. My brief related to an argument before the judges

of the King’s Bench, and the place of consultation was Ayles’s

coffee-house, adjoining Westminster-hall. There was I before the clock

had finished striking the hour; my brief I knew by heart. I had raised

an army of objections to the points for which we were to contend, and

had logically slain every one of them. I went prepared to discuss the

question thoroughly; and I generously determined to give my leaders the

benefit of my cogitations--though not without a slight struggle at the

thought of how much reputation I should lose by my magnanimity. I had

plenty of time to think of these things, for my leaders were engaged in

court, and the attorney and I had the room to ourselves. After we had

been waiting about an hour, the door flew open, and in strode one of my

leaders, the second in command, less in haste (as it appeared to me) to

meet his appointment, than to escape from the atmosphere of clients in

which he had been just enveloped, during his passage from the

court.--Having shaken off his tormentors, Mr. ---- walked up to the

fire--said it was cold--nodded kindly to me--and had just asked what had

been the last night’s division in the house--when the powdered head of

an usher was protruded through the half open door to announce that

“Jones and Williams was called on.” Down went the poker, and away flew

---- with streaming robes, leaving me to meditate on the loss which the

case would sustain for want of his assistance at the expected

discussion. Having waited some further space, I heard a rustling of

silks, and the great ----, our commander in chief, sailed into the room.

As he did not run foul of me, I think it possible I may not have been

invisible to him; but he furnished me with no other evidence of the

fact. He simply directed the attorney to provide certain additional

affidavits, tacked about and sailed away. And thus ended the first

consultation. I consoled myself with the thought that I had all my

materials for myself, and that from having had so much more time for

considering the subject than the others, I must infallibly make the best

speech of the three. At length the fatal day came. I never shall forget

the thrill with which I heard ---- open the case, and felt how soon it

would be my turn to speak. O, how I did pray for a long speech! I lost

all feeling of rivalry; and would gladly have given him every thing that

I intended to use myself, only to defer the dreaded moment for one

half-hour. His speech was frightfully short, yet, short as it was, it

made sad havoc with my stock of matter. The next speaker’s was even more

concise, and yet my little stock suffered again severely. I then found

how experience will stand in the place of study. These men could not,

from the multiplicity of their engagements, have spent a tithe of the

time upon the case which I had done: and yet they had seen much which

had escaped my research. At length my turn came. I was sitting among the

back rows in the old court of King’s Bench. It was on the first day of

Michaelmas term, and late in the evening. A sort of “darkness visible”

had been produced by the aid of a few candles dispersed here and there.

I arose, but I was not perceived by the judges, who had turned together

to consult, supposing the argument finished. B---- was the first to see

me, and I received from him a nod of kindness and encouragement which I

hope I shall never forget. The court was crowded, for it was a question

of some interest; it was a dreadful moment--the ushers stilled the

audience into awful silence. I began, and at the sound of an unknown

voice, every wig of the white inclined plane, at the upper end of which

I was standing, turned round; and in an instant I had the eyes of

seventy “learned friends” looking me full in the face! It is hardly to

be conceived by those who have not gone through the ordeal, how terrific

is this mute attention to the object of it. How grateful should I have

been for any thing which would have relieved me from its oppressive

weight--a buzz, a scraping of the shoes, or a fit of coughing, would

have put me under infinite obligations to the kind disturber. What I

said I know not; I knew not then; it is the only part of the transaction

of which I am ignorant; it was “a phantasma, or hideous dream.” They

told me, however, to my great surprise, that I spoke in a loud voice;

used violent gesture, and as I went along seemed to shake off my

trepidation. Whether I made a long speech or a short one I cannot tell;

for I had no power of measuring time. All I know is, that I should have

made a much longer one, had I not felt my ideas, like Bob Acre’s

courage, oozing out of my fingers’ ends. The court decided against us,

erroneously as I of course thought, for the young advocate is always on

the right side. The next morning I got up early to look at the

newspapers, which I expected to see full of our case. In an obscure

corner, and in a small type, I found a few words given as the speeches

of my leaders: and I also read that “Mr. ---- followed on the same

side.”

The Every-day Book and Table Book, v. 1 (of 3) or Everlasting Calendar of Popular Amusements, Sports, Pastimes, Ceremonies, Manners, Customs and Events, Incident to Each of the Three Hundred and Sixty-five Days, in past and Present Times; Forming a Complete History of the Year, Month, and Seasons, and a Perpetual Key to the Almanac · 第 76 / 982 题