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.
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