Page:The Green Bag (1889–1914), Volume 15.pdf/570

 Paradox.

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A PARADOX. BY L. G. SMITH. VERILY this is a wonderful age, and in no way are its marvels of achievement more vividly illustrated than iu the lessnessness of our inventions. We have wire-less telegraphy, the horse-less carriage, smoke less powder, etc., but in one thing the lessness of the ancient Romans distanced us, and that was in their fee-less lawyers. A feeless lawyer, paradox of paradoxes; but such there were, and to be feed in those early days meant a forfeiture of four times the sum of the fee received. It seems the ancient Romans held the posi tion of advocate, or pleader, in especial esteem. Senators and consuls deemed it an honor to lend their voice to redress the wrongs of the people, but woe to that grasp ing- wight who loaned his vocal powers for hire. Such a thing was not thought of in the days of simple living, but as luxury and corruption crept in, eloquence was at times for sale to the highest bidder. To put a stop to this, then called, disgraceful practice, the tribune Cincius procured the passage of a law. called from him Lex Cincia, whereby advocates were forbidden to take any money or presents from their clients. On the discovery that one senator. Sullius, had accepted fifteen thousand dollars, or its Roman equivalent, for his services toan illuStrious knight and had afterward betrayed his client, the Emperor Augustus caused a severe revival of the law, and added the fine

mentioned above of four times the amount of the fee. The illustrious Thrasae taught that advo cates should undertake only those cases of friends, or for people in dire distress, and then only such cases as might tend to set a good example, and purify morals. Later this same senator, Thrasae, was ordered to his death by Nero because he would not acknowledge the sweetness of the annual holiday which N'ero desired the senate to decree to celebrate the graceful act of mur dering his mother, which had been one of Nero's little pieces of by-play. Atrocious as the Fiddling Emperor was and as audaciously as he suborned the senate to suit his own evil ends, yet even he, in his first speech to that august body, declared his intention of enforcing the ancient laws whereby advocates were forbidden to receive fees. Later Emperor Alexander Severus gave stipends to advocates in the Roman prov inces provided he was assured they pleaded without fees from their clients. Still later it was found that the restriction against fees was impracticable, but Constantine pro nounced "those advocates who obliged their client to make over to them by deeds the best part of their property in land, cattle and slaves, or who prostituted their talents in this odious traffic, unworthy to be admitted into the company of honest men." and all such he promptly excluded from the bar.