are by no means fuch as to preclude him from flinging it up, if at any time previous to its coming to a hearing, or while it is upon trial in open court, he should discover it to be of that defcription which it would be improper for him to defend. Though no reservation of this kind may have been expreffed in his converfations with his Client; it is fo plainly enjoined by the common principles of rectitude, and fo conformable to the fettled practice of the Bar, that it muft ever be prefumed to have been mutually understood. It is not always that a cause bears its true character ftamped upon its forehead. Long and intimate acquaintance may be requifite to the discovery of the inherent ftain. But whenever it is dif covered, let not the Advocate be feduced by erroneous ideas of confiftency, by false fhame, by avarice, by ambition, by a fpirit of rivalthip, or by a fondness for difplaying his talents, to persist in the attempt, and thus tranffer a part of the difgrace, and of the guilt, from the cause to himself.

If the Barrifter thinks it right, after examining into the nature of a fuit at the request

of

of one of the parties, to decline being his Advocate; it can scarcely ever be fitting in the common courfe of things for him to engage in it on the other fide. He would be in perpetual danger of inadvertently making use of knowledge confidentially communicated to him by the first applicant. And even if he should be able to guard against it by rigid circumfpection, he would ftill have to contend with the charge of perfidy, which would almoft infallibly be circulated by his opponents; and might readily gain credit with the public, prone to lend a willing ear to rumours difadvantageous toeminent characters.

The Barrister cannot be ignorant that, by undertaking a caufe, he impliedly promifes to give that degree of attention to it in every ftage of its progrefs, which in his confcience he deems fufficient, and which the client may reasonably demand. If therefore he undertakes it at a time when he knows that the preffure of prior claims, or a multiplicity of other inevitable avocations, makes it probable that he shall not have the requifite leifure, and does not previoufly explain his fituation to

his employer, he is guilty of deliberate falfehood.

When once he has confented to accept the charge, an upright Advocate will exert himfelf with diligence to become thoroughly mafter of every important circumftance of the cafe. Unwilling to be inftrumental in leading his Client to perfift, by holding out to him rafh hopes of fuccefs, or to recommend on a hafty and fuperficial view any particular mode of conducting the fuit; he will explore every branch of the bufinefs with accuracy, caution, and impartiality. He will carefully weigh the contents of the papers and inftruments delivered to him. By repeatedly questioning and fifting his Client, he will at length draw forth that full and complete account which, though generally to be obtained from him by perfevering interrogations, yet, from the natural unwillingness of men to difcover the weak points of their own caufe, is scarcely ever voluntarily offered. He will enquire and revolve what is to be urged in oppofition to the claims of his employer. He will fet on foot, as far as circumftances admit, by means

of

of fubordinate agents, a vigilant search after collateral proofs and auxiliary documents, capable of throwing light on either fide of the queftion. He will not omit the investigation of parallel or analogous cafes which have already been decided in courts of justice; nor hefitate to apply for advice to other Counsel, if, through the perplexing circumstances of the cafe before him, he should find himself unable to form a decided judgement, or should be confiderably distrustful of his own opinion.

If after full deliberation the profecution of the fuit to trial be finally determined, he will not prefer a particular method of proceeding, from views of perfonal emolument, to another more eligible for his employer; and if two methods appear equally conducive to ultimate fuccefs, he will advise that which promises to be the least irritating, dilatory, and expensive both to his Client and to the opposite party. When confulted' respecting the evidences (ƒ)

to

(f) The Counsel frequently leaves his purveyor the Attorney to collect as many witneffes as poffible, that he may be able to call a greater or a lefs number as he shall

VOL. I.

Bb

find

to be brought forward, he will not burthen his own fide with an unneceffary number; nor purpofely take meafures, otherwife needlefs, with a view to lead the other party to impofe a fimilar burthen on themselves. He will not countenance an extravagant expenditure of parchments, writs, and other implements of legal artillery; although by connivance he might conciliate the favour and future recommendations of a rapacious Attorney.

Such are the duties (g) of a Barrifter while the cause is on its way to the proper tribunal.

find it expedient. Cafes however may occur, in which, at the fame time that he takes all reasonable precautions to enfure fuccefs to his Client, he may be able greatly to leffen his expences by pointing out evidences whofe attendance is not requifite. Such opportunities a confcientious Advocate will never disregard.

(g) The duty of giving honeft advice, and of taking pains by fufficient reflection, by reading, and, if difficulties occur, by confulting other profeffional men, to render that advice found and correct, attaches no lefs on the Barrister when the matter in queftion is of a private nature, than when it is to be brought by him before a Court of Juftice. And the injury arifing to those who apply to him, from his want of integrity or of attention, may prove as great in the former cafe as in the latter.

Let