Bart Ridgeley: A Story of Northern Ohio

by A. G. Riddle

ABOUT LAWYERS, AND DULL.

Mr. Giddings was always much interested in all young men, and put himself in their way and society, and while he affected nothing juvenile, no man could make himself more winning and attractive to them. It was said by his enemies, who were of his political household, that in this, as in all else, he was politic; that he sought out and cultivated every young man in the circle of his acquaintance; made himself familiar with his make-up; flattered and encouraged him with little attentions; sent him speeches and books, and occasional letters, and thus attached nearly all the rising young men of Northeastern Ohio to himself personally. This may have been one source of his great and long continued popularity and strength; he thoroughly educated at least one generation of voters.

However that may be, he was much in the old office where he had done so much effective work, and laid the foundations of his position at the bar, which was with those of the first in the State.

He associated on terms of the pleasantest intimacy with the young men, and early evinced a liking for Bart, who, poor fellow, was ready to like anybody who would permit him.

Mr. Giddings was at pains to impress them with the absolute impossibility of even moderate success at the bar, without industry, while with it, mediocrity of talents would insure that. "Of the whole number who were admitted," he said, "about ten or fifteen per cent. succeeded; and one in a hundred became eminent. Undoubtedly the greatest lawyer in the world did not possess the greatest intellect; but he must have been among the most industrious. Brilliant parts may be useful; they are always dangerous. The man who trusts to the inspiration of genius, or his capacity to get advantage by ingenious management in court, will find himself passed by a patient dullard. The admiring world who witness some of the really fine intellectual performances that sometimes occur in court, haven't the faintest conception as to when the real work was done, nor at all what it consisted in; nor when and how the raw material was gathered and worked up. The soldier in war is enlisted to fight, but really a small part of his time is spent in battle; almost the whole of it is in preparation, training, gathering material, manoeuvring, gaining strategic advantages, and once in a while producing a field day, which tests the thoroughness of the preparation. This illustrates the value of absolute thoroughness in the preparation of cases. A good case is often lost, and a bad one gained, wholly by the care or negligence in their preparation. You really try your cases out of court."

Barton asked why it was that, while the world generally admired and respected the bar, there was a distrust of its honesty?—at which there was a general smile.

"Because," said Mr. Giddings, "there really are unworthy members of it; and the bar, like the ministry and the medical faculty, being comparatively a small body, is tried by its failures. The whole is condemned in the person of a few; while a majority—the bulk of men—estimate themselves by their successes. One great man sheds glory on his race, while one villain is condemned alone. The popular judgment, that lawyers are insincere and dishonest, because they appear on both sides of a case, with equal zeal, when there can be but one right side, is not peculiar to the bar. It should be remembered that learned and pious divines take opposite sides of all doctrinal points of Scripture, and yet nobody thinks of questioning their honesty."

"When both are wrong," put in Wade.

"Now there are, nominally at least, two sides in a law suit—certainly two parties. One party goes to Frank, here, and tells his side, most favorably to himself, and gets an opinion in his favor, and a suit is commenced. The other tells his side to me, for instance, and on his statement I think he has a good defence. From that moment each looks for evidence and law to sustain his side, and to meet the case made by the other; and invariably we come to the final trial, each honestly thinking he is right. We try the case zealously and sincerely, and the one who is finally beaten, feels that injustice has been done. It is the first task of an advocate to convince himself, and unless he has already done that, he may not expect to convince court and jury; and a man must be a poor advocate, or have a very bad case, who fails to convince himself, however he may fare with a jury. You need never expect to convince your opponent; he is under a retainer not to agree with you."

"There is another thing about it," said Wade. "The bar and writers talk about the ethics of the bar, and legal morality, and all that nonsense, until there is an impression, both among lawyers and the public, that there is one rule for lawyers and another for the rest of mankind—that we are remitted to a lower standard of honesty. This is all bosh; there can be but one standard of right and wrong; and that which is wrong out of court, cannot be right in it. I'll have but one rule. A man who will lie to a court or a jury, will lie anywhere—he is a liar."