Publisher's Synopsis
Excerpt from Addresses by Hon. Edward G. Ryan, Late Chief Justice of Wisconsin: Delivered Before the Wisconsin Law School 1873, and Hon. Matt; H. Carpenter, Late United States Senator, Delivered Before the Columbian Law School, 1870
Hardly less grave are the duties of the bar. The courts do not see half the service which a practicing lawyer renders to society. In his office, every lawyer is a judge. In matters not litigated, vastly exceeding litigated matters, he decides all questions; and, failing litigation, his opinions are the actual judgment of the law. He counsels those who resort to him so as to avoid difficulty, solves doubts, removes obstacles, guides affairs accord ing to law, and settles controversies before they grow into lawsuits. It is the office of a lawyer at the bar to discourage, not encourage, litigation.
His calm and skilled judgment soothes, if it cannot convince, contentious selfishness and passion, Every good lawyer's office is a court of concilia tion.
It is the business of a lawyer to consider well the merits of a controversy, before he takes retainer to litigate it. But once he is retained, hesitation should give place to zeal. In forensic controversies, one of the parties is generally wrong; both may be. But that does not imply that the lawyer's retainer does wrong to the administration of justice. In doubtful cases, it is within neither the duty nor the power of a practicing lawyer to decide. That is for the court. It is only judgment, after litigation, which can settle right. In the selfish controversies of life, a practicing lawyer should gene rally accept all knowledge as uncertain, as aspects of truth as hypothetical, all opinion as doubtful, until tested by the ordeal of litigation. Even proxi mate justice is only to be secured, in the forensic contests of interest and feeling, by thorough presentation of both sides; by zealous advocacy of each as if it were the sure right. The counsel on both sides, within due professional limits, alike serve the cause of truth, alike contribute to the justice of the case. To this end, it is the duty.of every retained lawyer to put his faith in his client and his client's cause. The lawyer should believe in his retainer when he takes it once taken, he should never mistrust nor betray it. The fidelity of our profession is a great moral lesson. Kings may envy and prelates imitate it. It is a shining glory of the bar. The world may frown, friends fall off, children rebel, wife desert or betray; but the client has an adherent whose faith never fails; whose loyalty never wavers; true through good report and evil report; true to death and to the memory which survives death. It is the wise policy of the law that the lawyer should be the legal alter ego of his client. And legal annals bear a noble monument of justice well administered, to the controversial fidelity of lawyers to their clients, in proceedings everywhere according to the course of the common law.
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