26 Jan 1805

Evidence

Securities

Ch. Procedure Technical

''. Cause Lawyers Interests

It is the evident interest of the suitor, which is as much as to say of the public, that the mass of collateral inconvenience /delay, vexation and expence/, the avoidance of which constitutes the collateral /general/ end of justice and judicial procedure, should in every /be in each/ instance reduced to the minimum. It is the interest of law, that in every instance that disastrous mass, taken in the lump[?], be [...?] and extended /drawn out/ to its maximum. Not that by delay as such - not that by vexation as such - not that even by expence as such, he has any thing to gain: or any motive that should prompt him to [...?] the account of mischief: but between these three branches of the mischief so intimate is the connection, that no one can be extended or contracted, but the two others are more or less extended or contracted along with it: and between the expence of the suitor and the profit of the man of law, in his several branches there is that unfortunate connection that the profit can not be extended, but the expence must be extended more[?] in a less degree, most commonly in a much greater: and between an expence on the one hand, and delay and miscellaneous vexation on the other, this unfortunate connection is still more intimate.

Taking therefore the whole mass of collateral inconvenience together delay, vexation and expence, the relation in /which/ point of interest the man of law bears to /stands in/ the suitor, the man in /of/ power is the man subject to his power, has been pretty[?] much of a piece with that which the architect who is paid by a per centage stands in with reference to his employer: for every shilling of profit which he /a professional may/ puts into his own profit, he saddles his employer with some number of times the expense.