if he had not admitted the debt: "Well," he said, "I just went around
to see the plaintiff to find out if I could not save a few dollars
instead of hiring a lawyer." It is an open question which brand is
the best for the client, the rough and ready justice or the formal
and orderly kind.
While the jury are being examined and during the opening of the
counsel, the client sits quietly, but a trifle self-consciously, at
the counsels' table. The talk is about him and frequent references are
made to him and what he has been doing. He tries to look as though he
did not care and was accustomed to the surroundings, and when the
taking of testimony and the wrangles over objections and motions
begin, he falls quietly into the background.
If it is a criminal action he is not on the stand during the People's
case. When his side is presented his lawyer does the best he can to
keep him from the stand, whether he be innocent or guilty. The
well-known expression is that the defendant hangs himself by taking
the stand. In civil trials the client may be a corporation or the
owner of the injured automobile or wagon, but not a witness to the
accident. He sits silent by his lawyer if he is wise, realizing that
his lawyer can fight better without being annoyed. If he is nervous,
he keeps plucking at his sleeve and whispering advice. It is difficult
for him to restrain himself. There have been months of preparation.
The drama is being produced; to him it is vital. He knows more about
the case than the lawyer. He wants to advise, suggest, and instruct.
Why doesn't the lawyer ask the witness that question about what he
told Smith or what he told his wife?
The client might be surprised if he knew what the lawyer was thinking
of him. If asked, the lawyer would moisten his lips, draw a long
breath, and then pause, not for lack of thoughts however. The best
client in court for the lawyer is the silent client. One of the
greatest calamities from the lawyer's point of view is when the client
is on the witness stand and begins to get confidential with the judge
and to tell him exactly how he feels about the whole matter.
"Why," said a lawyer, "I had a perfect case and then the judge asked
a question and spoiled the whole thing. I think it was outrageous, the
judge had no right to interfere."
The attorney's feeling toward his client is contained in the wish that
he wasn't there. The legal aspect of the case, the real point at
issue, is proba
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