On your first appearance before the Court, do not waste your time and ours telling us so. We are likely to discover for ourselves that you are a novice but will think none the less of you for it. Every famous lawyer had his first day at our bar, and perhaps a sad one…. Be respectful, of course, but also be self-respectful, and neither disparage yourself nor flatter the Justices. We think well enough of ourselves already.
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The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for to-morrow which can be done to-day. Never let your correspondence fall behind. Whatever piece of business you have in hand, before stopping, do all the labor pertaining to it which can then be done.
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Whether you serve ultimately as a lawyer or judge, I hope as an officer of the court all the same you will help explain these virtues to your clients, your family, and your friends. In popular culture, we often see people deriding judges who issue unpopular rulings or lawyers who represent unpopular clients. We see those who confuse a judge's ruling or a lawyer's representation with support for the person's cause or personal favoritism or bias. They suggest that when a judge rules for a corporation, he loves corporations. Or that when a lawyer represents a criminal defendant, he loves criminals.
Attacks like these miss the mark. They misunderstand completely the role of judge and lawyer. I hope you will help remind those you encounter that if they want to secure their own liberty from oppression, they should want lawyers and judges who are unafraid to follow the law where it leads and enforce the law fearlessly, without bending to the passing whims and wishes of public opinion. For one day, too, you might remind your friends, they could find themselves braced against the prevailing winds of the day, in need of a lawyer and facing a judge. And when that day comes, I hope you will ask them, would they rather stand before a court of public opinion or a court of law?
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One very important thing that young lawyers must know is that when one argues a case and later in the evening you ponder over it and say, that’s what I should have said (but you never said it), that’s the only regret. It could have been the winning point or something you wish you had not said, which is even worse. If you get angry at that point in the courtroom, losing your temper can be a disaster. You can’t afford it because your client suffers and nobody likes you for it. It all comes with age and practice.
I am a lawyer. I think that one of the most fundamental responsibilities, not only of every citizen, but particularly of lawyers, is to give testimony in a court of law, to give it honestly and willingly, and it will be a very unhappy day for Anglo-Saxon justice when a man, even a man in public life, is too timid to state what he knows and what he has heard about a defendant in a criminal trial for fear that defendant might be convicted. That would to me be the ultimate timidity.
It has helped me keep in mind all times that not all lawyers always work in the best interests of their clients. It is a very delicate situation. If a lawyer does not appear to the judge to be working in the best interest of the clients, I think the way to deal with that is to have hearings on the record and hope that the parties might appear.Sometimes from the bench, or sometimes in a conference on the record, the court is in a position to give guidance that not only is for the ears of the attorney, but may also be for the ears of the litigant, him or herself.
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The best advice possible on any legal matter is (1) maintain your cool and temper, (2) keep your mouth shut, (3) get a good lawyer and call your family, and (4) never forget what you have been through. Allow the fear and loneliness, and hatred to build inside you, rather than diminish with time. Allow your passions to fertilize the seeds of constructive revolution. Allow your love of freedom to overcome the false values placed on human life. For the only method to communicate with the enemy is to speak on his own level, using his own terms. Freedom is based on respect, and respect is earned by the spilling of blood.
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