Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strife, and put money in his pocket? A moral tone ought to be infused into the profession which should drive such men out of it.
The matter of fees is important, far beyond the mere question of bread and butter involved. Properly attended to, fuller justice is done to both lawyer and client. An exorbitant fee should never be claimed. As a general rule, never take your whole fee in advance, nor any more than a small retainer. When fully paid beforehand, you are more than a common mortal if you can feel the same interest in the case as if something was still in prospect for you, as well as for your client. And when you lack interest in the case the job will very likely lack skill and diligence in the performance. Settle the amount of fee and take a note in advance. Then you will feel that you are working for something, and you are sure to do your work faithfully and well. Never sell a fee-note—at least not before the consideration service is performed. It leads to negligence and dishonesty—negligence by losing interest in the case, and dishonesty in refusing to refund when you have allowed the consideration to fail.
There is a vague popular belief that lawyers are necessarily dishonest. I say vague, because when we consider to what extent confidence and honours are reposed in and conferred upon lawyers by the people, it appears improbable that their impression of dishonesty is very distinct and vivid. Yet the impression is common, almost universal. Let no young man choosing the law for a calling for a moment yield to the popular belief. Resolve to be honest at all events; and if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer. Choose some other occupation, rather than one in the choosing of which you do, in advance, consent to be a knave.
A Fragment. Written about July 1, 1854
Equality in society alike beats inequality, whether
the latter be of the
British aristocratic sort or of the domestic slavery
sort.
We know Southern men declare that their slaves are better off than hired labourers amongst us. How little they know whereof they speak! There is no permanent class of hired labourers amongst us. Twenty-five years ago I was a hired labourer. The hired labourer of yesterday labours on his own account to-day, and will hire others to labour for him to-morrow.
Advancement—improvement in condition—is the order of things in a society of equals. As labour is the common burden of our race, so the effort of some to shift their share of the burden on to the shoulders of others is the great durable curse of the race. Originally a curse for transgression upon the whole race, when, as by slavery, it is concentrated on a part only, it becomes the double-refined curse of God upon his creatures.