whilst address is deservedly prized, and merits the highest cultivation, I fully concur in sentiment with a high authority, that we should be 'respectful without meanness, easy without too much familiarity, genteel without affectation, and insinuating without any art or design." 46. Nothing is more unfriendly to the art of pleasing than morbid timidity (bashfulness — mauvaise honte). All life teems with examples of its prejudicial influence, showing that the art of rising in life has no greater enemy than this nervous and senseless defect of education. Self-possession, calmness, steady assurance, intrepidity - are all perfectly consistent with the most amiable modesty, and none but vulgar and illiterate minds are prone to attribute to presumptuous assurance the apparently cool and unconcerned exertions of young men at the bar. A great connoisseur in such matters says that "what is done under concern and embarrassment is sure to be ill done"; and the judge (I have known some) who can scowl on the early endeavors of the youthful advocate who has fortified himself with resolution must be a man poor in the knowledge of human character, and, perhaps, still more so in good feelings. Whilst, therefore, I shall ever cherish these opinions, I hold myself bound to distinguish the arrogant, noisy, shallow, and dictatorial impudence of some, from the gentle, though firm and manly, confidence of others- - they who bear the white banner of modesty fringed with resolution. 47. All reasoning should be regarded as a philosophical process its object being conviction by certain known and legitimate means. No one ought to be expected to be convinced by loud words, dogmatic assertions, assumption of superior knowledge, sarcasm, invective; but by gentleness, sound ideas, cautiously expressed by sincerity, by ardor without extravasation. The minds and hearts of those we address are apt to be closed when the lungs are appealed to, instead of logic; when assertion is relied on more than proof; and when sarcasm and invective supply the place of deliberate reasoning. My resolution, therefore, is to respect courts, juries, and counsel as assailable only through the medium of logical and just reasoning, and by such appeals to the sympathies of our common nature as are worthy, legitimate, well-timed, and in good taste. 48. The ill success of many at the bar is owing to the fact that their business is not their pleasure. Nothing can be more unfortunate than this state of mind. The world is too full of penetration not to perceive it, and much of our discourteous manner to clients, to courts, to juries, and counsel has its source in this defect. I am, therefore, resolved to cultivate a passion for my profession, or, after a reasonable exertion therein, without success, to abandon it. But I will previously bear in mind that he who abandons any profession will scarcely find another to suit him. The defect is in himself. He has not performed his duty, and has failed in resolutions, perhaps often made, to retrieve lost time. The want of firmness can give no promise of success in any vocation. 49. Avarice is one of the most dangerous and disgusting of vices. Fortunately its presence is oftener found in age than in youth; for if it be seen as an early feature in our character, it is sure in the course of a long life to work a great mass of oppression, and to end in both intellectual and moral desolation. Avarice gradually originates every species of indirection. Its offspring is meanness; and it contaminates every pure and honorable principle. It cannot consist with honesty scarce a moment without gaining the victory. Should the young practitioner, therefore, on the receipt of the first fruits of his exertions, perceive the slightest manifestations of this vice, let him view it as his most insidious and deadly enemy. Unless he can then heartily and thoroughly eradicate it, he will find himself, perhaps slowly, but surely, capable of unprofessional, mean, and, finally, dishonest acts which, as they cannot be long concealed, will render him conscious of the loss of character; make him callous to all the nicer feelings; and ultimately so degrade him, that he consents to live upon arts, from which his talents, acquirements, and original integrity would certainly have rescued him, had he, at the very commencement, fortified himself with the resolution to reject all gains save those acquired by the most strictly honorable and professional means. I am, therefore, firmly resolved never to receive from any one a compensation not justly and honorably my due, and, if fairly received, to place on it no undue value, to entertain no affection for money further than as a means of obtaining the goods of life; the art of using money being quite as important for the avoidance of avarice and the preservation of a pure character as that of acquiring it. With the aid of the foregoing resolutions and the faithful adherence to the following and last one I hope to attain eminence in my profession, and to leave this world with the merited reputation of having lived an honest lawyer. 50. Last resolution: I will read the foregoing forty-nine resolutions twice every year during my professional life. A SCHEDULE OF LEGAL FEES The following schedule of fees was adopted in 1906 by a prominent New England Bar Association. The figures given are minimum fees, and all attorneys practicing in the locality were "expected to abide by the same or be deemed guilty of unprofessional conduct." For Superior Court writs where debt is not over three hundred dollars, not less than $5.00 For Superior Court writs where debt is over three hundred dollars, not less than . . 10.00 For drawing bill or answer in equity, not less than 25.00 10.00 For uncontested libel for divorce, including costs, exclusive of witness fees, not less than 50.00 For appearance and answer for libellee in proceedings for divorce, not less than 30.00 For retainer and services for debtor in bankruptcy or . insolvency proceedings, in addition to all expenses, not less than Except when assets are less than five hundred dollars, when in addition to all expenses, not less than For retainer and services in matter of assignment for benefit of creditors where liabilities are less than five hundred dollars, not less than 100.00 75.00 50.00 For retainer and services in matter of assignment for benefit of creditors where liabilities are five hundred dollars or more, not less than 100.00 For taking out letters of administration or proving will, not less than 25.00 |