Page:The Green Bag (1889–1914), Volume 04.pdf/72

 The Accused.

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THE ACCUSED. By George F. Tucker. I. PROFESSIONAL men are always ex posed to witticism and gibe. It is common to question the professions of the clergyman, and to stigmatize acts which are improper, though innocent, as evidence that the obligations of his office rest lightly upon him; to denounce the physician for the im posture of pretending to treat exceptional cases requiring skill which he does not pos sess, and for his reticence when questioned as to the condition and prospects of his patient; and, finally, to hold up the lawyer as one who thrives upon the misfortunes of others, and accomplishes his ends by artifice and falsehood rather than by fairness and truth. These accusations are the thought less declarations of the disappointed and un fortunate, or of those whose opinions are formed upon the judgments of others or upon mere report. A reference to literature proves that the charges are peculiar to no age or locality. To place the professional man in ridiculous situations and to represent him as destitute of sincerity and honor, seems to have been and to be one of the prerogatives of the stage. The members of the other professions must take up the cudgel for themselves; we propose to vindicate the lawyer from at least the charges of the day. The act which misrepresentation declares to be the offspring of cunning and design, truth often extols as the child of pure purpose and lofty incitement. Clients sometimes fail in eliciting the in formation from their counsel which they think should be communicated without re serve. They arraign the attorney for cold ness and inattention; and if their tongues are busy (as they frequently are), the legal gentleman is made to suffer in the judgment of the community. Soon rumor does its part, and mysterious charges of equivocation

and duplicity are heard and credited. Clients who thus injure the reputation of a lawyer are generally men and women who live on the accumulations of successful ancestors, or those whose tastes and pursuits only oc casionally bring them into contact with prac tical men. Their dissatisfaction is without justification, and their injuries are more fancied than real. The truth is, they are generally the authors of their own misfor tunes. They approach a lawyer as if they were about to submit to an inquisitorial pro ceeding. They first state their claim in a hypothetical way; and when enjoined to be frank and explicit, present the favorable fea tures of the case, and only admit, after a rigid cross-examination, that they are aware of any facts or possible developments which may injure their prospects or prevent a re covery. People of this kind know so little of men and affairs that they cannot make allowance for possibilities; and so they mis interpret the real purpose of their adviser. Every interview with him is undertaken as a task. In suspecting his sincerity they recall popular stories of the fraternal relations of opposing counsel. They entertain the no tion that he must be hostile to their interests because he does not frankly hold out assur ances of success. Unfortunately the other "adviser" — the third party, who is always ready with foolish suggestions — whispers his or her suspicions, and thus augments the mischief. The subject, however, is not with out amusing features. While all professional men, as already observed, are severely criti cised in general terms, yet in particular cases the relations between spiritual adviser and those who solicit his counsel, or be tween physician and patient, are of a cordial and affectionate nature. There is something ludicrous in the difference of feeling mani