date

29 April 1807 4 Lawyers judged
29 April 1807

4

Lawyers judged

Letter 1[?]

A remarkable fact, the cause of which I have endeavoured to develop [...?] /already had free occasion to unfold to a considerable extent/, is - that to the opposition between of the interest of the lawyers and their own interest, the eyes of the people /public/ governing classes included seem in general to be but half open /open to no more than a part/. So far as concerns the professional class of lawyers, yes: so far as regards the official class and in particular the ruling /governing/ ranks, no though[?] the same persons who fill these official statiosn are the same who for a great part of their lives occupied the /the[?] of/ professional stations, no. The reason is that the sinister interest to the action of which the numbers of the official class stand constantly exposed, has never yet been sufficiently developed /placed in its [...?]/, and placed in that clear and strong light of which it is susceptible. Reference to J.B.'s letters to L d G.

Even in the case of the professional lawyers, in whose instance their[?] expresses to the action of the interest /a sinister interest as above/ opposite to that described of the people in ther character of suitors is too obvious to be overlooked, even in this case how clearly soever the speculative truth may be perceived, yet /+so far as concerns the state of the law, and the measures to be resorted to for the rendering it better or keeping it from growing worse, it seems in general to have had little or no influence on practice. So far as depends upon the state of the law /law/ it is their interests that the condition of the people shall be as miserable as possible: and yet it is to them that the public are in the habit of looking for measures having for their objects /object/ the improvement of it: it is their interest that the law should be as uncertain and unknowable as possible, and the administration of justice or of what is called justice, under it, as delatory, tedious and expensive as possible: and yet it is to them that the public look for measures having for their object, the rendering it certain and wellknown, and for taking away what is superfluous and unnecessary in the burthen of delay vexation and expence pressing /that presses/ upon the administration of justice.
Similar Items
  • Title: [29 April 1807 2 Lawyers judged]
    Description: 29 April 1807

    2

    Lawyers judged

    Letter 1[?]

    In Scotland, as elsewhere, lawyers are distinguishable into two classes: 1. the official including Judges, and the other ministers of justice /functionaries nominated in general by government/ their subordinates; and the professional Advocates, [...?] to the [...?], and so forth tending their assistance to the parties, remunerated of course as well as nominated by there respective clients.

    To the interests of both those classes, the measures which I found myself under the necessity of insisting upon /advocating/ are decidedly adverse.

    One goes to the taking away the uncertainty of the law: and it is in the interest of all lawyers - of the professional class in every posible state of thing - of the official class in the actual state of things, that the law shall be /continue/ and for ever remain in the state of the highest uncertainty possible.

    The other goes to the reducing to its lowest limits the delay, vexation, and expence of litigation: those evils more or less distinct in idea, but in fact /practice/ inseparably connected, rising and falling together: and it is the interest of lawyers of all descriptions that these evils should all of them rise to and continue at the highest pitch possible, for the sake of the profit extracted or extractable out of the expence.

    Upon the bare mention of it /statement of the case/, the existence of this sinister interest will surely appear probable enough: and in the course of this address, as well as in the papers /observations/ I have already made public, particulars tending to place it in a stronger and strongerb light, will present themselves in abundance.
  • Title: [15 August 1804 Procedure Evils]
    Description: 15 August 1804

    Procedure

    Evils Cause

    Lawyers' interest

    '2 points common

    3. Adjudication etc.

    The interest of the professional lawyer /lawyers/, and in particular of the Advocate is affected in again a different way by justice and injustice. With the abstract /by the real and/ justice or injustice of the decisions /proceedings/ his personal interest has no connection whatsoever. By the degree of reputation for justice possessed by the court in which he practices /in respect of the aggregate of his decisions/ his interest is served in the case in the interest of the judge in respect of personal reputation is served by it, as above. Whatever serves to increase the business of the court in which the advocate practices, gives /produces/ thereby an additional source for encrease of business to the Advocate.

    But as far as [concerns] reputation is concerned /at stake/ - in such particular cause in which he is actually concerned /engaged/, so that the decision pronounced be given in his favour, his interest is still better served by the reputation of its injustice than by the reputation of its justice. In medicine the more desperate the case the greater the glory to the physician who effects /-----/ a cure /treats it with success and triumphs over the disease/. In the practice of the law, the more desperate the case, the greater the glory of the lawyer who treats it with success and triumphs over justice.

    In p-----ty in some future age /time/ it will be matter of surprize to observe /observed not without surprize/, that in an age ---------- adorned in civilisation, and in a country claiming the ----- of her ----- above all other nations, a class of men should be found so far destitute it will be said of all regard for morality - of all sense of shame, as to find a source of undissembled self-complacency and exultation, to have rendered ------ ------ contributory to the production of injustice. Their surprize will be wrought to a ----- higher pitch, when they come to observe, in that very class the governing class, when further it was ------ to ----- /execute/ the law, but to ---- law for all the rest.
  • Title: [15 August 1804 Procedure Evils]
    Description: 15 August 1804

    Procedure

    Evils Cause

    ch. Lawyers' interest

    '4 Different ranks

    '4 Differences in the interests of the different classes of men of law.

    For shortness, the man of law has hitherto been mostly considered as one person: but for clearness, and conciseness /accuracy/, it will be necessary to decompose him before we ---- ---- /we can dismiss him altogether/.

    Division of lawyers into official and professional: division of official into governing to wit judges and subordinate: division of subordinate ministers of justice into executive and recordative. Division of professional into silent(?) agents - Attornies under their normal denomination - and speaking or advisory agents, Advocates and counsellors: the latter two functions in themselves distinct enough but in general invested in one person; and in particular in English law.

    The office /authority/ of judge -- may in each court be either filled by a single person, or divided /shared/ amongst several: but still for shortness, unless where any thing turns upon division, the singular number must be alone employed: in the judge, and not judges or the judges must be the phrase.

    In the judge and him alone we see the person by whom whatsoever decision comes to be given, is pronounced - by whom in consequence whatsoever ---- /portion of the body of the -----/ is made in the form of jurisprudential law is made. By the /From the sinister/ interest of no other class /species/ of lawyers can the body of the law receive /undergo/ any /--/ modification any other case /in any ---/ than as their interests are adopted by him, and made to become his.