30 April 1805

Evidence

Introd. Ends

Ch.5 Collateral Incidental

'.4. Vexation - Profess[?]

Lawyers

'.4[?]. Vexation - its effects, when impinging in the first instance on Men of law.

5 Men of law of all classes Official and Professional: Judges, Subordinate Officers of Justice judicial and ministerial /executive/; Agents of parties, such as Attorneys, and Advocates.

According to circumstances, juridical vexation, falling in the first instance upon men /a man/ belonging to any of these classes, takes a different shape, and rests ultimately upon different sorts of persons, according to circumstances. On each /any given/ individual occasion, if the lot of vexation falling on that occasion upon the species[?] of man of law in question has no remuneration attached to it, [...?] [...?] but what is inadequate, it then rests in the shape more of vexation, mere and unprolific /pure and simple/ vexation, and the interest which calls for the avoidance of it, is that of the man of law himself. If on the other hand, the lot of vexation so impinging in the first instance, has a lot of remuneration attached to it, and that an adequate one, in this case, whether it be at the expence of the public that the remuneration is afforded, or at the expence of an individual, for instance /such as/ the suitor, the burthen being thus taken off /removed/ from the shoulders of the man of law, the interest which calls for the avoidance /subtraction[?]/ /removal/ of it, is not that of the man of law but some other interest: if at the expence of the public, the interest of the public /public interest/; if at the expence of the individual, the interest of the individual /that private interest/.

But this remuneration, if it be so much as adequate, can scarce ever be so exactly adequate, as not to be more than adequate: and more than adequate it will be sure to be, if the appreciation and fixation of it be left to to depend upon him to whom it is to be paid. On these terms he will be not only content but eager to load himself with it, and without stint: pile[?] Pelion[?] upon Ossa[?] upon Pelion[?]: and as whatever vexation thus falls upon the shoulders of the man of law is sure to be transported upon /transferred to/ /handed over/ those of the suitor, in the shape of expence with augmented force, a given lot of vexation thus falling in appearance upon the man of law, falls in effect not in any proportion upon him, but in the whole upon the suitor, and that with much greater weight than if it had fallen directly upon himself.