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18 Vt. B.J. & L. Dig. 1 (1992)

handle is hein.barjournals/vermntbj0018 and id is 1 raw text is: 00                  -n
SJournal & Law Digest 99
Volume 18, No. 1                                                        February/1992
Potes on the c~jvactice o  ,Za
G_ am not an accomplished lawy~er. P) 6in9 quite as much material 6or a lecture, in those points wherein o) have
6aile9, as in those wherein (2) have been motderately succesul.
7he lead~ing rule 6cr the lawyer, as got the man, 06 every calling, is d~iligence. ,Leave nothing 6or to-morrow,
which can be 9one to-day. L'a ever let your correspondence gall behin9. QWhatever piece 06 business you have in hand9,
begore stopping, 9o all the labor pertaininy to it which can then be done. 9)ken you bring a common-law suit, i you
have the 6acts tot doing so, write the declaration at once. (2)6 a law point be involved, examine the books, and note the
authority you rely on, upon the declaration itselt, where you are sure to gin it when wanted. he same ot degences
an- pleas. GfSn business not likely to be litigated -ordinary collection cases, toreclosures, partitions, and the like,
-make all examinations 06 titles, and note them, and even 9raet orders an9 decrees in advance. 7his course has a
tripple advantage; it avoids omissions and neglect, saves your labor, when once done; pergorms the labor out o6 court
when you have leisure, rather than in court, when you have not. 6xtempovaneous speakiny should be practieed and
cultivated. L is the lawyer's avenue to the public. 6peowever able and taith ul he may be in other respects, people
are slow to bring him business, it he cannot make a speech. 'n9 yet there is not a more 6atal error to young lawyers,
than relying too much on speech-making. czG' any one, upon his rare powers o speaking, shall claim exemption
6rom the d~rudgyery 06 the law, his case is a 6ailure in ad~vance.
-9iscourage litiyation. O7.ersuade your neighbors to compromise whenever you can. cgoint out to them how the
nominal winner is oten a real loser - in eees, an expenses, and waste 06 time. &94s a peace-maker the lawyer has a
superior opertunity 06 beiny a good man. 7here will still be business enough.
e3ever stir up litiyation. (o  worse man can scarcely be 6oun9 than one who 9oes this. QMho can be more nearly a
6iend than he who habitually overhauls the e yegister 06 deeds, in search 06 detects in titles, whereon to stir up 8trige,
an put money in his pocket? &f moral tone ought to be ineuse9 into the proession, which shoul trive such men out
0oit.
7 he matter 06 tees is important gar beyon9 the mere question 06 brea an butter involved.  Properly attende9 to
guller justice is done to both lawyer an client. (On exorbitant 6ee shoulS never be claimed. &4s a yeneral rule, never
take your whole tee in advance, nor any move titan a small retainer. 9Ohen eully pai be6ore hand, you are more
than a common mortal 4 you can 6eel the same interest in the case, a' i  somethiny was still in prospect 6or you, as
well as 6or your client. on when you lack interest in the case, the job will very likely lack skill an 9iliyence in the
pergormance. cYettle the amount o6 6ee, an9 take a note in advance. 7;hen you will eeel that you are working tot
somethiny, an9 you are sure to 9o your work eaith ully an well.  lever sell a 6ee-note - at least, not begore the
consi9eration service is perjorme9. LA leads to negligence an dishonesty - negligence, by losing interest in the case,
and dishonesty in regusing to reeun, when you have allowe9 the consideration to 6ail.
7here is a Lague popular beliee that lawyers are necessarily 9ishonest. Q_ -say vayue, because when we considger to
what extent congidence, an honors are reposed in, and coneerre upon lawyers by the people, it appears improbable
that their impression 06 dishonesty is very distinct and vivid. clet the impression, is common - almost universal. ,,Let
no young man, choosing the law 6or a calling, 6o a moment yield to this popular belie6. dqesolve to be honest at all
events; and i6, in your own judyment, you can not be an honest lawyer, resolve to be honest without being a lawyer.
'Ohoose some other occupation, rather than one in the choosing o6 which you do, in advance, consent to be knave.
& .  incoln
circa 1850
Helmets, Pyrrhus, MBTI, Durable Powers, Woodstock...

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