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less text-books, parading as the legiti- tage. Instead of being given fragments rate offspring of Langdell of Harvard. of already solved leading cases (if, by One word more, in which we take the

the way, there can be said to exist more liberty of dogmatizing a little. A case than a handful of really leading cases ricans to a practicing lawyer one of two that have not been whittled away to noththings: A case is either the phenomena ing at all) and left to consult them, the presented to him by his client along with

student should be given real or hypohis retainer, in which event it is the case

thetical cases, the more condensed the as it exists in a state of nature, susceptible better, especially at first, and these he of solution by the application of the cor

should learn to solve at first hand under rect principles which underlie rules of

the guidance and direction of the trainconduct formulated by custom or legisla

ed lawyer who is assisting him in or out ture; or, it is the case as it exists in na

of the law school. To change Judge fure disguised, sometimes beyond the

Sharswood's famous statement, it is not possibility of recognition in the synthesis

so hard to find the law; the real difficulof actual practice and more or less per

ty is in applying it. Imagine teaching {cctly embalmed in the transcript of rec

arithmetic by giving the student a large ord. In no event is "the case" the opin

number of solved problems to study and ion of the appellate tribunal, except, per

tell him from these to deduce the prinhaps, in the opinion of the legitimate off

ciples. spring of the casebook system, the case

For the technique, a properly organizlawyer.

ed and conducted moot court is the pracOne further word, added to the above,

tical means of instruction. The absence which is intended nut as an argument to

of adequate moot court and practice exhaust at once the subject and the un

work in many of our law schools is perwary reader, but as a suggestion only. A real case system is possible, and is haps a natural consequence of the tendfollowed very successfully in a few text

ency to divorce legal instructions from book schools. We have seen that to the

any suspicion of fitting the graduate to practitioner a case is either a controver

practice his profession. Of course the sy the solution of which depends upon

intelligent student will survive the case the correct application of legal principles system and in the end acquire a very fair to provable facts, or it is the synthesis of 'foundation, and if the student body is the various activities of the lawyer,

very select the result will be in harmony whether as a pleader, a trial lawyer, and

with that fact; but the results to which it a careful and astute practitioner, as they is usual at college commencements to are found to be grouped and co-ordinat- point with pride are more often creditaed in the transcript of record. The law

ble to the student than to the system of yer's first function is quasi-judicial in ap

instruction provided for him. The great plying principles to facts; his second re

"American Educational Humbug" has gards the technique of the profession. pretty well spared the law schools in the The student should be taught to reason

past. For Heaven's sake let us not tempt for himself, to solve problems or cases his appetite too far by the employment of presented to him by his client; he should such phrases as the “case system which then be trained in the technique of the induces self-activity," or by calling a law law. In both of these respects a real case library a "laboratory for analytical and system may be employed to great advan- synthetical legal chemistry."

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Attorney and Client.

By F. CHARLES HUME, Jr., of the Houston, Texas, Bar.

A

N after-dinner speech delivered at And the fact that you have been willing the banquet of the American Bar

to forget the past and grant me and the Association, at Seattle, Washington, Au- chance to sound "the call of the wild." gust 28, 1908. This is the second time

is a tribute, not only to myself as a pula Mr. Hume has been called upon to re- lic futility, but to your own temerity an! spond to toasts at the banquets of the blind faith in my pretensions--a signal Association. The notable dinner speech, triumph of hope over experience. "The Young Lawyer,” delivered at the My friends, you will never precisely St. Paul meeting two years ago by Mr. ascertain how much, if anything. it Hume, is still fresh in the memory of' means to me, or you, or to posterity, to the legal profession.

address again this ponderous council of

intellectual giants; the greatest lights Mr. Toastmaster, Brethren of the Bar,

that ever shone on land or sea. I say Ladies, and Gentlemen:

this to your faces, here and now, the I place no tariff on good fellowship,

eyes of the world upon us, without the and no espionage over its symptoms. I recognize no necessary incompatibility slightest fear of contradiction; not, for

sooth in idle, maudlin flattery, but be in work and recreation. And if to speak on this occasion without restraint of

cause, loving the truth, you rejoice to

hear it. time or judgment—is to imperil my rightful claim to substantial professional

I glory in the attributes of greatness.

We all do-in our own. On a former consideration and ability, then I now, for the second time, fearlessly assume the

trial before this august tribunal, I estaba risk of being outlawed through being lished, upon my own uncorroborated tesunderestimated and misunderstood.

timony, my pre-eminence as a lawyerI am grateful for this honor. My a personal judgment whose validity none gentle, unsuspecting spirit accepts and of you has ever attacked, or even sc. indorses all compliments without re

riously considered. As for me, it is res course or misgiving. This added laurel adjudicata; for I realize that nothing I to my resplendent brow comes as no

could say to you now, in my own behalf, surprise. It is usually the expected that

would add a single cubit to my profes.

sional stature. happens when one's friends pull the wires of opportunity. For my friends,

You can not misconceive my attitude. like myself, are optimists-always look- For, my brethren, together we compose ing for the best of it. And therefore I a broad-minded, sympathetic profession am here, before this goodly company, always commending ourselves most a lawyer among lawyers—to point a highly to the public respect and conmoral and adorn a feast in fatuous fidence, giving credit wherever due and Alights of windy suspiration.

taking it wherever we can get it, "touchSeldom has this coveted privilege been ing the community for its ennobling," twice accorded an oratorical desperado. and seeking not the bubble reputation

worse.

in the cannon's mouth-because we find And to our profession is entrusted the it in our own. And to-night, well met commission to control, according to law, and fancy free, we feel just a little bit

the tide of human affairs, to preserve the better than anybody else; and to-mor- legal status of men, to hearken to "the row, perchance, we'll feel just a little bit still sad music of humanity," to voice

the spirit of truth, and silence falsehood, Michael Angelo, in sculpture peerless, enforcing right, redressing wrong, fearand Richelieu, in the statecraft of his ing God and no man. day unmatched, both signed in vain for The fault is not in our profession, the muse's elusive wreath wherewith to but in ourselves, if we be underlings. bid for fame and men's remembrance. The attorney is more or vastly less. His All great men have their weaknesses- title imports integrity and conscientious mine is the law! And so, with vanity as fidelity. Within the terms alone of honmy impulse and excuse, I shall attack orable professional engagement he repwith discourse wide of reason, and ex- resents and stands for the client's intertinguish quite, the burning theme of est. But he is not the client, not even "Attorney and Client” to the quenchless his own client-except in cases more to strains of "All Through the Night." be pitied than cited. Nor is he the keep

And now, with platitudinous tread, I er of the client's general conscience, nor start, like a guilty thing upon a fearful his guardian at large, nor his hireling, summons, confident that į shall leave nor the impresario of his social aspiranothing to be desired—from me ever tions. again.

Notwithstanding sinister gibes to the There subsists in the knowledge of contrary—of those that have unwisely men no more delightful relation than and in vain sought the solace of the law that of attorney and client. And there -with the attorney the fee is not the is none, in my experience—save matri- thing. It does not obsess the legal mind. mony-more difficult of establishment. While it is not always incompetent, imAttorney and client

material, and irrelevant, still it is rareBow fat and stridulous doth roll the Jejune ly the gist of the action-as it very raresound;

ly should be. Nothing could be more And yet, perpend, what reach of soul abidetb there!

repugnant to the lawyer than to regard 0! blest relation, concord of sweet bopes! his profession purely as a source of 0! rare conjunction, gladness of the world! Phrenetic bliss of minds completely met

wealth, and nothing could be more dislo contract most devoutly to be wished appointing Almost celestial mutuality! 0! synchronism pulchritudinous!

Yet the principle of compensation, ac0! epithets that passeth understanding! cording to Emerson, pervades the uni0! mystic spirit of my wild apostrophe, Unbosom to our empty supplication,

verse; and we know that ours is a proThe wondrous secret of thy movement and fession of principle. And we are conthy being;

strained to accept the fee as an incident And hover o'er us still, and speed The universal reign of law,

to the practice out of deference to the When all men clients shall bave come to

general welfare clause in our constitube Save only us that need them!

tion, realizing that the professional or

ganism cannot adequately discharge its Throughout the law the one increas- vital functions to society without occaing purpose runs, to lead to justice. sional stimulation of the "pocket nerve.”

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