TABLE OF CONTENTS.

Introduction:-	On Learning the Law:-	On Being An Advocate:-
On Giving Advice:-	On Expression:-	On Respectability:-
On Image:-	On Expression:-	On The Inns of Courts:-
On Availability:-	On Patience:-	On Pleasing Clients:-
On Manners:-	On Evidence:-	On Argument:-
On Ethics:-	On Fees:-	On Laches:-
On Being a Bore:-	On Being Brief:-	On Oaths:-
On Negotiation:-	On Holding One's Tongue:-	On Precedent:-
On Tact:-	Of Goats and Sheep:-

[TOC]

Introduction:

The law is not for everyone. For example, Gibbon, in spite of his mother's urgings, did not want to become a lawyer:

"Mrs. Gibbon, with seeming wisdom, extorted me to take chambers in the Temple, and devote my leisure to the study of the law. I cannot repent of having neglected her advice. Few men, without the spur of necessity, have resolution to force their way through the thorns and thickets of that gloomy labyrinth. Nature had not endowed me with the bold and ready eloquence which makes itself heard amidst the tumult of the bar; and I should probably have been diverted from the labours of literature, without acquiring the fame or fortune of a successful pleader."2

"'I haven't found a guano island,' I said. 'It's my belief you wouldn't know one if you were led right up to it by the hand,' He riposted quickly; and in this world you've got to see a thing first, before you can make use of it. Got to see it through and through at that, neither more or less.' 'And get others to see it, too," I insinuated ..." (Conrad, Lord Jim.)

Augustine Birrell:

"In extending our knowledge we must keep our eye on the models, be they books or pictures, marbles or bricks. We must, as far as possible, widen our horizons, and be always exercising our wits by constant comparisons. Above all must we ever be on our guard against prejudice, nor should we allow paradox to go about unchained.
I go back to Hume. 'Strong sense united to delicate sentiment, improved by practice, perfected by comparison, and cleared of all prejudice, can alone entitle critics to be judges of the fine arts;' and again he says, 'It is rare to meet with a man who has a just taste without a sound understanding.'"4

On Learning the Law:-

"If you become a lawyer, you must remember that the science of law is not fixed like geometry, but is a growth which keeps pace with the progress of society."

On coming out of law school, the graduate knows little or nothing about the practice of law. The typical school does run courses whereby the student might learn something about actual practice; it could be a credit course in "clinical law" or "civil procedure." The law school professors are the first to admit that they are not in any position to go much beyond the theory of the law. The school does bring in "downtown lawyers" to assist in the business of introducing students into practical matters. These courses, supplemented by bar admission courses, are, however, but a start. It would be rare to find a newly graduated lawyer, who, could draft even a simple deed to transfer real property, or, if he did, to feel any confidence in his drafting efforts. The drafting of basic legal documents is something the budding lawyer learns from an experienced legal secretary to whom some wise lawyer at that budding lawyer's first legal firm gave access. One learns to carry out practical legal jobs for which people pay good money -- yes, by going to law school; but, by necessity, of spending many more years practicing law.5

However they may come by it, legal training renders men "acute, inquisitive, dexterous, prompt in attack, ready in defence, full of resources ..."6 and it is for this reason powerful men have always considered lawyers to be dangerous, and, are, as Edmund Burke was to observe, "to be won over to the service of the state with great honors and emoluments."

[TOC]

On Being An Advocate:-

While there are cases which can only be brought to an end after a full blown trial, most cases are sorted out between lawyers before so. Two experienced lawyers rarely come to blows in a court room unless it is over a case where there is a principle at stake, such as in a criminal case or a civil action in defamation. Two lawyers who are experienced in the law and its workings will usually, eventually, come to the business of settling most cases. Too often it happens that cases end up in a court room because of the inexperience of one or both of the lawyers who are working the case.

"Vulgar chess-players have to play their game out; nothing short of the brutality of an actual checkmate satisfies their dull apprehensions. But look two masters of that noble game! White stands well enough, so far as you can see; but Red says, Mate in six moves; - White looks,- nods; - the game in over." (Holmes, Breakfast-Table.)

"Without positively asserting much more than he can prove, he gives prominence to all the circumstances which support his case; he glides lightly over those which are unfavourable to it; his own witnesses are applauded and encouraged; the statements which seem to throw discredit on them are controverted; the contradictions into which they fall are explained away; a clear and connected abstract of their evidence is given. Every thing that is offered on the other side is scrutinized with the utmost severity; every suspicious circumstance is a ground for comment and invective; what cannot be denied is extenuated, or passed by without notice; concessions even are sometimes made; but this insidious candor only increases the effect of the vast mass of sophistry."7

And always, and from the start, the advocate is preparing for his conclusion, or peroration. All along he is writing up and perfecting his summation in a special place found in the back of his trial note book, the parts of which, in those last few weeks before trial, is being written and rewritten as the essential points of the case are polished up. With care, and from the start, the pieces of evidence needed to support the final arguments are gathered and systematically gotten out. The arguments and the evidence must be built together as the case, over time, is prepared for trial.

[TOC]

On Giving Advice:-

"Advice is not disliked because it is advice; but because so few people know how to give it." (Leigh Hunt, "The Indicator," 1821.)

"I should not trust the counsel of a smart debater, any more than that of a good chess-player. Either may of course advise wisely, but not necessarily because he wrangles or plays well. Some of the sharpest men in argument are notoriously unsound in judgment." (Holmes, Breakfast-Table.)

"'You know,' says Mr. Vholes, 'that I never give hopes, sir. I told you from the first, Mr. C., that I never give hopes.'" (Dickens, Bleak House.)

"If I were a medical man I think I should listen attentively to what patients say about themselves. I should do more than this, I should ask them questions about their symptoms. On one occasion after illness I walked over to consult Sir Andrew Clark. He saw, I dare say, that I was extremely nervous, and I knew that he was the busiest of men. He said, "Do not hurry. Tell me everything, I want to hear it, I have plenty of time. I wish to go into your case thoroughly." The reassurance given by these words was indescribable. From that moment I gave my heart to Sir Andrew, and was his scrupulously obedient patient for five years, and found everything he said came true.
I have known doctors who in answer to questions about food would say "Oh, it does not matter, anything you may prefer." If I were a doctor I should not answer in that way. I respectfully assure medical men that there are multitudes whose supreme desire is for a director. If I were a doctor I should adopt a confident manner, a manner as confident as circumstances will permit; the doctor who hesitates is lost.

"We ask advice, but we mean approbation." (Charles Caleb, c.1780-1832, Lacon, 1820-2.)

"Never give advice in a crowd." (Arabian Proverb.)

"Bought advice is worth twice that of free advice." (Irish Proverb.)

"Give neither counsel nor salt till you are asked for it." (Italian Proverb.)

"Advice on the event, after the event, is needless." (Danish Proverb.)

On Expression:-

"I, sirs, for my sins have studied canon law at Salamanca, and I rather pique myself on expressing my meaning in clear, plain, and intelligible language." (Cervantes, Don Quixote.)

"I know you lawyers can, with ease,
Twist words and meanings as you please:
That language, by your skill made pliant,
Will bend to favor every client:
That 'tis the fee directs the sense,
To make out either side's pretence."
Gay: Fables.

[TOC]

On Respectability:-

And to Dickens we go again:

"Mr. Vholes is a very respectable man. He has not a large business, but he is a very respectable man. He is allowed by the greater attorneys who have made good fortunes, to be a most respectable man. He never misses a chance in his practice; which is a mark of respectability. He never takes any pleasure; which is another mark of respectability. He is reserved and serious; which is another mark of respectability. His digestion is impaired, which is highly respectable." (Bleak House.)

"The counsellor-at-law who, perhaps, at near forty years of age, begins to make something by his profession, ought to receive the retribution, not only of his own so tedious and expensive education, but that of more than twenty others who are never likely to make anything by it."

"The lottery of the law, therefore, is very far from being a perfectly fair lottery; and that, as well as many other liberal and honourable professions, are, in point of pecuniary gain, evidently under-recompensed. Those professions keep their level, however, with other occupations, and, notwithstanding these discouragements, all the most generous and liberal spirits are eager to crowd into them. Two different causes contribute to recommend them. First, the desire of the reputation which attends upon superior excellence in any of them; and, secondly, the natural confidence which every man has more or less, not only in his own abilities, but in his own good fortune. To excel in any profession, in which but few arrive at mediocrity, is the most decisive mark of what is called genius or superior talents. The public admiration which attends upon such distinguished abilities makes always a part of their reward; a greater or smaller in proportion as it is higher or lower in degree. It makes a considerable part of that reward in the profession of physic; a still greater perhaps in that of law; in poetry and philosophy it makes almost the whole."10

On Image:-

Let us consider the offices of Dodgson & Fogg, the description of which is set out in The Pickwick Papers (1837):

".. a dark, mouldy, earthy-smelling room with a couple of old wooden chairs, a very loud ticking clock, an almanack, an umbrella stand, a row of hat pegs, bundles of dirty papers, some old boxes and decayed ink bottles of various shapes and sizes."

"Mr Serjeant Snubbin was a lantern-faced, shallow-complexioned man about forty-five or fifty years of age. He had a dull looking boiled eye, his hair was thin and weak, he wore an ill washed and worse tied white neckerchief, and the slovenly style of his dress and his dirty office showed that he was far too much occupied to take any heed of his personal comforts." (Dickens, Pickwick Papers.)

"The room was a complete picture of a third-rate solicitor's office, with the stained wooden cases, the letter files so old that they had grown beards, the red tape dangling limp and dejected, the pasteboard boxes covered with gambols of mice, the dirty floor, the ceiling yellow with smoke." (Cousin Pons.)

"Frasier was small, thin and unwholesome looking; his red face, covered with an eruption, told of tainted blood. A wig pushed back on his head displayed a brick-colored of ominous conformation. One might have thought there was pestilence in the air." (César Birotteau.)

Two short snappers, in respect to the all important image:

"Nature has written a letter of credit upon some men's faces, which is honoured almost wherever presented." (1859, Thackeray, Virgin. xxi.)

Abeunt studia in mores - One's usual pursuits pass over into character. (Ovid, 43BC-17AD, Latin lawyer turned poet.)

_______________________________

_______________________________

On The Inns of Courts:-

Did you know in earlier days that respectable lawyers in England were called serjeants! Today, it pretty well has only a military meaning. Its roots, however, go to feudal times, "an armed officer in the service of a lord, ... [one of a] body of men of knightly rank, originally 24 in number, who were required to be in immediate attendance on the king's person, to arrest traitors and other offenders." Courts in the earlier days were regal matters, and with this historical context, it should be easier to see how high ranking lawyers in the earlier days were designated as serjeants, members of a "superior order of barristers (abolished in 1880), from which, until 1873, the Common Law judges were always chosen (hence a serjeant was always called by a judge my brother So-and-so')."

The establishment and the ranking of barrister in England goes back a long way, in fact, the system, known as the Inns of Court, is rooted in the days of the crusades, and, the Knights Templars.11 In any event, the concept of the Inns of Court was fully established by the 15th century.

The Inns of Court are institutions of legal learning located in London. There are four of them: the Inner Temple, the Middle Temple, Lincoln's Inn, and Gray's Inn.12 These four legal societies have the exclusive right of admitting persons to the practice at the bar; they hold a courses of instruction and conduct examinations to determine those who are to be admitted. As long as one is a barrister his professional life is guided by the inn to which he continues to belong. He involves himself in the operation and advances the purposes of his inn of court: to educate and to keep their brethren together through socialization.13 The four inns are each governed by a committee or board, called the benchers. Each inn is in effect a neighborhood located fairly close to one another at the core of the City of London. In each will be found many old and beautiful buildings where people, mostly connected with the law, live and work. Also will be found the chambers [offices] of the barristers.

[TOC]

On Availability:-

"I am to be found here, day by day, attending to your interests. That is my duty, Mr. C.; and term-time or vacation makes no difference to me. If you wish to consult me as to your interests, you will find me here at all times alike. Other professional men go out of town. I don't. Not that I blame them for going; I merely say, I don't go. This desk is your rock, sir!
...
My digestive functions, as you may have heard me mention, are not in a good state, and rest might improve them; but I shall not rest, sir, while I am your representative. Whenever you want me, you will find me here. Summon me anywhere, and I will come."
...
Always here, sir. Personally, or by letter, you will always find me here, sir, with my shoulder to the wheel." (Dickens, Bleak House.)

On Patience:-

Patience, have lots of patience; and never allow anger to disturb courtesy or calculation.

[TOC]

On Pleasing Clients:-

"You are separately represented, and no longer hidden and lost in the interests of others. That's something. The suit does not sleep; we wake it up, we air it, we walk it about. That's something." (Dickens, Bleak House.)

"'There never was a pestering bankrupt as that, since the world began, I do believe!' said Lowten, with the air of an injured man. "His affairs haven't been in Chancery quite four years yet, and I'm damned if he don't come worrying here twice a week.'" (Dickens, Pickwick Papers.)

On Negotiation:-

When a person faces a choice he must not only consider the net gain to be gotten from taking the choice before him; net in that one must consider what loss from his current position might occur by reaching out for the new choice: we must always consider what we are to lose as well as what we are to gain.

[TOC]

On Manners:-

Suaviter in modo, fortiter in re -- mild in manner, strong in argument.

And do as adversaries do in law, --
Strive mightily, but eat and drink as friends.
Shaks.: The Taming of the Shrew.

How sweet and gracious, even in common speech,
Is that fine sense which men call courtesy!
Wholesome as air and genial as the light,
Welcome in every clime as breath of flowers, --
It transmits aliens into trusting friends,
And gives its owners passport round the globe.
James T. Fields: Courtesy.

Law's the wisdom of all ages,
And manag'd by the ablest sages,
Who, tho' their business at the bar
Be but a kind of civil war,
In which th' engage with fiercer dudgeons
Than e'er the Grecians did, and Trojans;
They never manage the contest
T' impair their public interest,
Or by their controversies lessen
The dignity of their profession.
Butler: Hudibras.

"... As the Frenchman said, 'Il y a toujours le manière.' Very true. Yes. There is the manner. The manner in laughter, in tears, in irony, in indications and enthusiasms, in judgements - and even in love. Manner in which, as in the features and character of a human face, the inner truth is foreshadowed for those who know how to look at their kind." (Joseph Conrad.)14

Nothing so vulgar as to be in a hurry. -- ... Stillness of person and steadiness of features are signal marks of good-breeding. Vulgar persons can't sit still, or at least, they must work their limbs or features.

Talking of one's own ails and grievances. -- Bad enough, but not so bad as insulting the person you talk with by remarking on his ill-looks, or appearing to notice any of his personal peculiarities.

Apologizing. -- A very desperate habit, - one that is rarely cured. Apology is only egotism wrong side out. Nine times out of ten, the first thing a man's companion knows of his shortcoming is from his apology. It is mighty presumptuous on your part to suppose your small failures of so much consequence that you must make a talk about it.

Good dressing, quiet ways, low tones of voice, lips that can wait, and eyes that do not wander, - shyness of personalities, except in certain intimate communions, - to be light in hand in conversation, to have ideas, but to be able to make talk, if necessary, without them, - to belong to the company you are in, and not to yourself, - to have nothing in your dress or furniture so fine that you cannot afford to spoil it and get another like it, yet preserve the harmonies throughout your person and dwelling: I should say that this was a fair capital of manners to begin with.15

"... he is one who never inflicts pain... The true gentleman... carefully avoids whatever may cause a jar or a jolt in the minds of those with whom he is cast - all clashing of opinion, or collision of feeling, all restraint, or suspicion, or gloom, or resentment; his great concern being to make every one at their ease and at home... He can recollect to whom he is speaking; he guards against unseasonable allusions, or topics which may irritate; he is seldom prominent in conversation, and never wearisome. He makes light of favours when he does them, and seems to be receiving when he is conferring. He never speaks of himself except when compelled, never defends himself by a mere retort; he has no ears for slander or gossip, is scrupulous in imputing motives to those who interfere with him, and interprets everything for the best... He has too much good sense to be affronted at insults; he is too well employed to remember injuries, and too indolent to bear malice. He is patient, forbearing, and resigned on philosophical principles; he submits to pain because it is inevitable; to bereavement because it is irreparable, and to death because it is his destiny."16

[TOC]

On Evidence:-

It is always best to have a lurking suspicion of all statements made by a person who has a contrary interest. While one must be ready to admit the obvious, one has to be careful not to give away points too early in the game; and, at any rate, some things, on a second look, are not so obvious.

"So in offering a definition of any subject, if we feel a misgiving that there is any fact or circumstance emitted, but which we have only a vague apprehension, like a name we cannot recollect, we ask for more time, and not cut the matter short by an arrogant assumption of the point in dispute." (William Hazlitt "On Genius and Common Sense," Table Talk, [1822].)

_______________________________

_______________________________

On Argument:-

"He does not seem to know what an argument is. He never uses arguments himself. He never troubles himself to answer the arguments of his opponents. It has never occurred to him, that a man ought to be able to give some better account of the way in which he has arrived at his opinions than merely that it is his will and pleasure to hold them. It has never occurred to him that there is a difference between assertion and demonstration, that a rumour does not always prove a fact, that a single fact, when proved, is hardly foundation enough for a theory, that two contradictory propositions cannot be undeniable truths, that to beg the question is not the way to settle it, or that when an objection is raised, it ought to be met with something more convincing than 'scoundrel' and 'blockhead'." (Macaulay.)

"[The greatest orator always studies] his adversary's case with as great, if not still greater, intensity than even his own. ... He who knows only his own side of the case, knows little of that. His reasons may be good, and no one may have been able to refute them. But if he is equally unable to refute the reasons on the opposite side [then he may not be able to convince himself or another of the truth of the matter.] ... Nor is it enough that he should hear the arguments of adversaries from his own teachers, presented as they state them, and accompanied by what they offer as refutations. That is not the way to do justice to the arguments, or bring them into real contact with his own mind. He must be able to hear them from persons who actually believe them; who defend them in earnest, and do their very utmost for them. He must know them in their most plausible and persuasive form; he must feel the whole force of the difficulty which the true view of the subject has to encounter and dispose of; else he will never really possess himself of the portion of truth which meets and removes that difficulty. Ninety-nine in a hundred of what are called educated men are in this condition; even of those who can argue fluently for their opinions. Their conclusion may be true, but it might be false for anything they know: they have never thrown themselves into the mental position of those who think differently from them, and considered what such persons may have to say; and consequently they do not, in any proper sense of the word, know the doctrine which they themselves profess. They do not know those parts of it which explain and justify the remainder; the considerations which show that a fact which seemingly conflicts with another is reconcilable with it, or that, of two apparently strong reasons, one and not the other ought to be preferred. All that part of the truth which turns the scale, and decides the judgment of a completely informed mind, they are strangers to; nor is it ever really known, but to those who have attended equally and impartially to both sides, and endeavoured to see the reasons of both in the strongest light." (Mill, On Liberty.)

On Ethics:-

"I would offer no opinion or advice as to your interests, while those interests were intrusted to another member of the profession." (Dickens, Bleak House.)

Nemo tenetur armare adversarium contra se - No one is bound to arm his adversary against himself.

On Fees:-

"Your lawyer in practice spends a considerable part of his life in doing distasteful things for disagreeable people who must be satisfied, against an impossible time limit and with hourly interruptions, from other disagreeable people who want to derail the train; and for his blood, sweat and tears he receives in the end a few unkind words to the effect that it might have been done better, and a protest at the size of the fee."17

"... you will owe me nothing, beyond whatever little balance may be then outstanding of the costs as between solicitor and client, not included in the taxed costs allowed out of the estate.
... perhaps Mr. C. will favour him with an order on his agent for twenty pounds on account. For there have been many little consultations and attendances of late, sir," observes Vholes, turning over the leaves of his Diary, "and these things mount up, and I don't profess to be a man of capital." (Dickens, Bleak House.)

While lawyers have more sober sense,
Than t'argue at their expense,
But make their best advantages
Of other quarrels, like the Swiss,
And out of foreign controversies,
By adding both sides, fill their purses:
But have no interest in the cause
For which they engage and wage the laws,
Nor further prospect than their pay,
Whether they lose or win the day.
Butler: Hudibras.

"... the practice corrupts and degrades the profession, transforms the sworn officer of the Court into a party litigating his own claim, destroys the dignified relation of attorney and client by making them mere business partners in a commercial venture, unduly encourages litigation, ..."18

On Laches:-

It is a legal maxim,

Vigilantibus, et non dormientibus, jura subveniunt - The vigilant, and not the sleepy, are assisted by the law.

"Lawyers ... sleep between term and term, and then they perceive not how Time moves." (Shakespeare, As You Like It, Act 3, Scene 2.)

On Being a Bore:-

"Who, too deep for his hearers, still went on refining, And thought of convincing while they thought of dining." (Oliver Goldsmith, 1731-1774.)

_______________________________

_______________________________

On Being Brief:-

"Therefore, since brevity is the soul of wit, ... I will be brief." (Shakespeare's Hamlet, Act 2, Scene 2, line 110.)

On Oaths:-

Sanctified by religious antiquity, the oath "is apt to introduce into the laxer sort of minds the notion of truth" (Lamb) applicable to the solemn affairs of justice.

[TOC]

On Holding One's Tongue:-

"Underlings incontinent of tongue often reveal the policy of their masters." (1865 Sat. Rev. 5 Aug. 167/1.)

On Precedent:-

It is a legal maxim,

Via trita via tuta - The trodden road is the safe road.

[TOC]

On Tact:-

"For success in life tact is more important than talent, but it is not easily acquired by those to whom it does not come naturally. ... Try to win, and still more to deserve, the confidence of those with whom you are brought in contact. ... Business is a matter of sentiment and feeling far more than many suppose; every one likes being treated with kindness and courtesy, and a frank pleasant manner will often clench a bargain ... Be wary and keep cool. ... In any negotiations, steadiness and coolness are invaluable. ... Argument is always a little dangerous. If often leads to coolness and misunderstandings. ... If you must argue, admit all you can, but try and show that some point has been overlooked. Very few people know when they have had the worst of an argument, and if they do, they do not like it. Moreover, if they know they are beaten, it does not follow that they are convinced. ... State your case as clearly and concisely as possible, and if you shake his confidence in his own opinion it is as much as you can expect. ... Remember that "a soft answer turneth away wrath;" but even an angry answer is less foolish than a sneer: nine men out of ten would rather be abused, or even injured, than laughed at. They will forget almost anything sooner than be made ridiculous. ... In any business or negotiations, be patient. Many a man would rather you heard his story than granted his request: many an opponent has been tired out. ... Do not be too positive in your statements. You may be wrong, however sure you feel. Memory plays us curious tricks, and both ears and eyes are sometimes deceived. Our prejudices, even the most cherished, may have no secure foundation. Moreover, even if you are right, you will lose nothing by disclaiming too great certainty." (Sir John Lubbock's, "Tact.")

[TOC]

Of Goats and Sheep:-

Like in any group, no matter how honored or disliked, one will always find both goats and sheep. Certainly there are both among lawyers. As John Marshall Gest, in his address on Balzac19, has said, in breaking down Parisian attorneys into classes: "There is the honest attorney: he abides within the law, pushes on his cases, neglects no one, never runs after business, gives his clients his honest opinion, and makes compromises in doubtful cases; ... Then there is the starveling attorney, to whom anything seems good, provided he is sure of his expenses; he will work to make the worse appear the better cause, and take advantage of a technical error to win the day for the rogue."

[TOC]
NOTES:

¹ "...allured to the trade of law, grounding their principles not on the prudent and heavenly contemplation of justice and equity, which was never taught them, but on the promising and pleasing thoughts of litigious terms, fat contentions, and flowing fees." (Milton.)

² Autobiography of Edward Gibbon (Oxford University Press, nd), pp. 88-9.

³ The process, a life process which most people follow unknowingly, is essentially one of learning and growing, of submitting our expectations to the test of experience. Our necessary speculations are based on our experiences and our work is to control and correct these speculations. (For further discussion see my page on Sir Karl Popper.)

⁴ From Birrell's essay, "A Good Book and a Bad One," as found in Selected Essays (London: Nelson, 1908) at p. 301.

⁵ Law was, and I believe still is, a profession which is learned by rubbing up against those who are in the profession. Articles of Clerkship were required to be completed over the course, in times past, of years. The aspiring lawyer, like any apprentice, learned from his master. It was a way for an older lawyer to get some inexpensive help (not much at first) and for the student to get the necessary real exposure to the practice of law. When it was felt the student was ready, he would go and write his bar admission exams. These bar admission exams really don't make much sense, in that the student presumably had gone through all of that at the law school; but they are still written. Indeed, now we have bar admission school which takes the clerk away from his firm for a period of weeks, maybe months. The time, in my view, would be better spent hauling his principal's court bags around. Some of these young lawyers are let loose to cut their teeth on the poor unsuspecting public with but the barest of experience. Oh! They are all smart; and, they learn. But their first hundred clients, or so, simply get short changed unless they are working in strict conjunction with an experienced lawyer.

⁶ Jeffrey Hart's introduction to Burke's "On Conciliation with the American Colonies" (Chicago: Gateway, 1964) pp. 24-5.

⁷ Macaulay, "The Task of the Modern Historian."

⁸ Ibid.

⁹ People and Books; (London: Hodder & Stoughton, nd) p. 136.

¹⁰ The Wealth of Nations (1776), Bk. 1, Ch. 10.

¹¹ Knights Templars, or Knights or Poor Soldiers of the Temple, were members of a military and religious order, consisting of knights. This royal order was founded c.1118, "chiefly for the protection of the Holy Sepulchre and of Christian pilgrims visiting the Holy Land: so called from their occupation of a building on or contiguous to the site of the Temple of Solomon at Jerusalem. They were suppressed in 1312." (OED.)

¹² These are physical places, the Inns of Court; and, a delightful day or two can be had just roaming around the "campuses" of these inns. It is, in my view, one of the top things to do when in London.

¹³ "The Inns of Court in the reigns of Elizabeth I and James I filled the Christmas vacations with feasting and revelry, sometimes beginning as early as All Hallowe'en and continuing as late as Shrovetide. Masques and revels were devised and acted by young barristers and law students, and plays were performed in Hall by professional actors." [O. Hood Phillips, Shakespeare and the Lawyers, (London: Methuen & CO., 1972) at p. 23.] It is at the Inns of court that Shakespeare got his start: not as lawyer, though it is speculated that he did receive legal training, but as a playwright.

¹⁴ From Conrad's, "A Personal Record," as quoted by Cecil.

¹⁵ Oliver Wendell Holms, The Professor at the Breakfast Table.

¹⁶ Dobson, A Bookman's Budget (Oxford University Press, 1917) pp. 47-8.

¹⁷ William L. Prosser, 1 Jl. Leg. Educ. 260.

¹⁸ John Marshall Gest, The Lawyers in Literature (Boston: The Boston Book Co., 1913) at p. 62.

¹⁹ Gest, The Lawyers in Literature, op. cit., at p. 135.