Lawyers' bar

“ Many times I have seen the eager spectator in a court-room, looking vainly among the group of lawyers before the bar, for the monster they have conjured up in their imaginations, and finally settling upon some sharp-featured, but unimpeachable attorney as the malefactor, indulge in wise reflections as to the impossibility of mistaking a rogue from his appearance. ”

“ The multitude of prisoners who are unable to employ counsel have created a bevy of lawyers, abundantly able to look out for the interests of petty offenders, who stand or sit near the bar and are assigned by the court to the various defendants. A whispered fifteen seconds' conversation with their unfortunate client and they are enabled to take charge of the case. Long experience has made them almost as expert in estimating human nature as the judges themselves, and they are familiar with every trick of the trade which may raise a "reasonable doubt." ”

“ They entered with an assertive air that marked them indubitably as young lawyers still conscious of the privileges so lately conferred. Then some of the loafers came in from the corridor and sidled into the benches behind the bar. Their conversation in low tones, and that of the young lawyers in the higher tones their official quality permitted them, filled the room with a busy interest. From time to time the loafers were joined by other loafers, and they all patiently waited for the sensation the criminal court could dependably provide. ”

“ Before rendering a verdict the members of almost every jury take the opportunity in the jury-room to stretch their legs and satisfy their craving to smoke. Juries rarely return in less time than it takes to burn a cigar. While this may torture the prisoner it would seem a fairly earned perquisite on the part of his judges. Some jurors are instinctively, and a few are actually lawyers. These rarely add much to the general usefulness of the panel. ”

“ The present century has produced an even greater number of barristers who have achieved eminence, and are able to say with honest pride that they are the first gentlemen mentioned in their pedigrees; and so thoroughly has the bar become an open profession, accessible to all persons [26] who have the means of gentlemen, that no barrister at the present time would have the bad taste or foolish hardihood to express openly his regret that the members of a liberal profession should no longer pay a hurtful attention to illiberal distinctions. ”

“ The advantages, however, of the separation of the functions of the solicitor from those of the barrister are distinctly felt in the superior skill, as trial lawyers, developed by the restriction of court practice to the limited membership of the Bar, which would hardly exist if the practice were distributed over the whole field of both branches of the profession. ”

“ I took my seat among the lawyers, but felt as a mere spectator, not having a suit in progress or prospect, nor having any idea where business was to come from. In the course of the morning a man was put at the bar, charged with passing counterfeit money, and was asked if he was ready for trial. ”

“ How many lawyers were members of the bar does not appear, but, in the very nature of things, whether many or few, they would not, thus collectively named, have been given that clear appreciation of responsibility or impressed with that individual sense of duty which should and naturally would accompany the appointment of a selected member of the bar, specifically named and assigned. ”

“ Many persons, eminent at the bar, have been chargeable with moral delinquencies which were justly a cause of reproach to them; some have been frequenters of the gaming table; some have been dissolute in their habits; some have been indifferent to their pecuniary obligations; some have wasted estates in riotous living; some have been engaged in broils and quarrels disturbing the public peace; but for none of these things could the court interfere and summon the attorney to answer, and, if his conduct should not be satisfactorily explained, proceed to disbar him. ”

“ There is not a single name of distinction now associated with the historic Court that has in the past resounded to the eloquence of so many splendid advocates. Nowadays the mention of the Criminal Bar only brings to mind such men as the Government prosecutor (official in all but name) , Mr. Poland, and a crowd of lesser lights, among whom Mr. Forest Fulton, M.P., and Mr. Gill stand forth as the most talented. There are at the Criminal Bar a number of newly-fledged barristers, and several indigent and disappointed men who are content to gain a small and precarious livelihood. ”

“ The first thing the ordinary woman hastens to do if she be summoned to appear in a court of justice is not, as might be expected, to think over her testimony or try to recall facts obliterated or confused by time, but to buy a new hat; and precisely the same thing is true of the female defendant called to the bar of justice, whether it be for stealing a pair of gloves or poisoning her lover. ”

“ They can afford to pay for the services of counsel, and their conviction is of vastly more importance to the community than that of their hirelings who actually sell the liquor over the bar. The barkeeper who violates the law and is caught, comes to trial in the Special Sessions, either pleads guilty or is convicted, and receives a fine which his employer promptly pays. The owner of the saloon thereupon discharges the defendant from his service and secures another barkeeper. ”

“ Its maintenance would tend to repress all independence on the part of the bar. Men of high honor would hesitate to join a profession in which their conduct might be subjected to investigation, censure, and punishment from imputations and charges thus secretly made.
Seeing that this must be the inevitable result of such an unlimited power of the court over its attorneys, my brethren are careful to express the opinion that it should seldom be exercised, when the offence charged against the attorney is indictable, until after trial and conviction, unless its commission is admitted. ”

“ I think it'll be no end of fun," was the merry reply. "One of us could be the prisoner, and the other the barrister who defends him. I'd better be the barrister, because I know more about English law than Selwyn does. And the furniture'll have to be the other counsel and the gentlemen of the jury. Sit over there, Charlie, near that railing, and we'll make believe it's the bar. The only trouble is the barrister will have no gown and wig. ”

“ I here protest against it. My lords and gentlemen of the jury, before I offer any reply to the charges in this indictment, and the further development of those charges made yesterday by the learned gentleman whose official duty it was to argue the government's case against me, I wish to apologise to the court for declining to avail myself of the professional assistance of the bar upon this occasion. It is not through any want of respect for the noble profession of the bar that I decline that assistance. I regard the duties of a lawyer as among the most respectable that a citizen can undertake. ”

“ It is not unheard of to see a prisoner actually at the bar awaiting sentence while the judge [Pg 191] upon the bench holds a sort of open levee, free to all comers, in which the prisoner's lawyer, his wife, the officer who made the arrest, the complainant, and the district attorney (and sometimes others who have far less claim to be heard) endeavor to bring the judge to their own particular way of thinking, and harangue him and each other in tones by no means always either deferential or amicable. ”

“ Crewe. A lawyer will prove that black is white if he is paid for it. In fact, I understand that, according to the etiquette of the bar, they have got to do it. A barrister has to abide by his brief and leave his personal feelings out of account."
"That's so. Theoretically he is an officer of the Court, and his services are supposed to be at the call of any man who is in want of him and can afford to pay for them. ”

“ The struggles, in the history of the world, to have, in criminal trials, an honest judiciary, a fearless jury, and a faithful advocate, disclose a great deal of wrong and suffering inflicted on advocates silenced by force, trembling at the bar where they ought to be utterly immovable in the discharge of their duty—on juries fined, and imprisoned, and kept lying in dungeons for years, because they dared, in State prosecutions, to find verdicts against the direction of the Court. ”

“ Often enough he is a model husband and father. So, too, may be your forger, gambler, swindler, burglar, highwayman, or thief,—any in fact except the real moral pervert; and of course murder is entirely compatible on occasion with a noble, dignified and generous character. "There is nothing essentially incongruous between crime and culture." The prosecutor who begins by loathing and despising the man sitting at the bar may end by having a sincere admiration for his intellect, character or capabilities. This by way of defence to crime in general. ”

“ Barristers, like ladies, must wait to be chosen. The slightest overture would be equally fatal to one gown as the other. The gentlemen of the bar sit round the table in dignified composure, thinking just as little of briefs as a young lady of marriage. An attorney enters—not an eye moves; but somehow or other, the fact is known to all. Calmly he draws from his pocket a brief: practice enables us to see at a glance that the tormentor has left a blank for the name of his counsel. He looks around the circle as if to choose his man; you cannot doubt but his eye rests on you ”

“ The rules of the bar forbid its members to do any act belonging to the guild of attorneys. It is very rare that a barrister puts his foot in an attorney's office; the two classes meet in the law-courts. In society, there is no barrier between them, and some barristers, those in la Peyrade's situation particularly, demean themselves by calling occasionally on attorneys, though even these cases are rare, and are usually excused by some special urgency. ”

“ When the court was opened that morning, at the usual hour, and the expectant multitude rushed, scrambled, and tumbled in, to fight first for front places and then for any place at all; the lawyers—who had entered by the judge's private stairway—were already seated inside the railing, chatting and laughing with cheerful indifference; the prisoner, looking worn and haggard, was seated in his place, and the two drowsy jurymen were already commencing to yawn. ”

“ What is done today will be disheartening and frustrating to courts and bar associations throughout the country in their efforts to maintain high standards at the bar.
It exposes this Court itself to the possible indignity that it may one day have to admit to its own bar such a lawyer unless it can somehow get at the truth of suspicions, the investigation of which the applicant has previously succeeded in blocking. For I can perceive no distinction between 'admission' and 'disbarment' in the rationale of what is now held. ”

“ This congestion is not wholly due to lack of judges, or that they are not capable and industrious men; but is largely, it seems to me, the fault of the system in vogue in all our American courts of allowing any lawyer, duty enrolled as a member of the Bar, to practise in the highest courts. In the United States we recognize no distinction between barrister and solicitor ”

“ The district attorney may shout himself hoarse, the judge may pound his gavel in righteous indignation, the lawyer may apologize because in the zeal with which he feels inspired for his client's cause he perhaps (which only makes matters worse) has overstepped the mark—but some juryman may suppose that, after all, the prisoner is a hero or nine times a father.
There is one notorious attorney who poses as a philanthropist and who invariably promises the jury that if they acquit his client he will personally give him employment. ”

“ The jury do not know what a slap in the face they give to popular authority, to administrative and judicial functionaries, when they acquit a prisoner. And so, in my opinion, it is hardly possible that an innocent man should ever find himself at the bar of an Assize Court in Paris—I say nothing of other seats of justice. ”

“ But the lawyer met the stare of these four eyes with a quiet chuckle, which found its echo in the ill-advised mirth of those about him; and moving over to the window where they still peered in, he drew together the two heavy shutters which hitherto had stood back against the wall, and, fastening them with a bar, shut out the sight of this despair, if he could not shut out the protests which ever and anon were shouted through the keyhole. ”

“ No one could fail to profit by a day spent upon the police-court bench watching the judge exercise his many diverse yet not inconsistent duties, which variously include those of magistrate, lawyer, clergyman, almoner, arbitrator of domestic difficulties, and general adviser. He will begin his day's work, which, before it be concluded, will have required him to pass upon anywhere from fifty to eighty cases, by disposing of a long line of drunks and disorderlies of both sexes. Justice is plentifully tempered with mercy, however, and the unpleasant business is soon over. ”

“ Chief Justice SHARSWOOD, in delivering the opinion of the court, said:
'No question can be made of the power of a court to strike a member of the bar from the roll for official misconduct. * * * We do not mean to say that there may not be cases of misconduct not strictly professional, which would clearly show a person not to be fit to be an attorney, nor fit to associate with honest men. ”