Page:Convocation Addresses of the Universities of Bombay and Madras.djvu/319

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
26
University of Madras.

of these crimes: but in the meanwhile much may be done by strengthening the Judicial Bench; by insisting on its occupants being qualified by previous methodical legal training, to grapple with the enormous difficulties which systematic perjury undoubtedly throws in their path; by taking care that the detection of the crime shall be invariably and rapidly followed by adequate punishment; and last not least, by the resolution of the Provincial Bar, never to tolerate in their clients any recourse to such vile acts as forgery, perjury, subornation of perjury, for. obtaining a favourable decree.

Most earnestly we invite and call upon all Bachelors of Law to ponder well upon the duties of an Advocate. Entitled as the Advocate is to a fair remuneration for Duties of an Advocate.his services, he should never let the acquisition of wealth be the main end or object of his actions. He should seek to compose and to restrain, not to foment and foster, the evil passions of those who consult him. His first duty to his client is, if possible, to save him from litigation. If that be impossible, then to stand fearlessly and faithfully by him from first to last. In order that he may conscientiously discharge his duty, the Advocate must know what the substantive law is, and what its shifting forms require; and hence he can never safely relax his course of legal studies. His eagerness for his client's cause must never lead him into any measure that is dishonest or dishonorable: should a client venture to suggest such measures, the Advocate may justly spurn him from his door. He is never to seek to mislead or to puzzle the Court. He is there to aid, not to embarrass the Judge; he must never mis-state a fact; and always base his arguments upon and confine them to the facts as they stand proved by the evidence. The relations between Judge and Counsel in a properly constituted Court, should be those of mutual reliance and esteem. There should neither be arrogance on the one hand, nor subservience on the other. The observation of a due deference to the Bench is perfectly compatible with the vindication of entire freedom of speech by the Bar; and while the Advocate pays all proper respect to the Bench, he should never forget, nor suffer to be forgotten, the respect that is due to himself. He is the champion of political liberty; he may be the martyr of political power; let him take heed that he never degenerates into the demagogue leader of democratic licence. Remember that he who aspires to the honors of the profession, and advancement by the State, must rest his claims at least as much on the worth of his moral character, as on the brilliancy of his reputation for intellectual achievements.