494
THE GREEN BAG
marized in the expression, a sound judg lawyer is expected to do the work of both ment. It implies and requires in a lawyer the Roman jurisconsult and the Roman a deep and accurate knowledge of the law advocate. He cannot send questions of and the capacity to see the true proportions fact to Cicero, but must try them himself. and relations of all the facts in a case. A Only after years of experience in contests lawyer with this quality always selects the over facts can be hope to reach the lofty right course of action, and is the safe position of chamber counsel and practice adviser of clients and the trusted counsellor the law by giving advice only. The Romans were doubtless right in of courts. Sound judgment cannot be taught in preferring the jurisconsult before the advo schools. It is the result of natural gifts cate, but the power to deal with facts combined with experience. The whole effectively before court or jury is worthy of subject of the comparative inability of law diligent care. Lord Chief Justice Russell school men to deal effectively with facts said that Daniel Webster was the greatest immediately after graduation would merit forensic figure in the world. Is not Web but slight consideration were it not true ster's argument to the jury upon the facts that facts are of vast importance in the in the trial for the murder of Captain administration of the law. Everything Joseph White worthy to rank among his should be done which law schools can do to highest forensic efforts? A mind which impress this truth upon students. While can see clearly into the relation of facts, and the law schools cannot teach rhetoric or state facts with power, is quite likely to oratory, they should guard the students see clearly and reason powerfully upon ques from acquiring a contempt for questions of tions of law. In support of this statement, fact, or a dislike to engage in the trial of one might cite the names of nearly all the facts in either civil or criminal cases. Such eminent lawyers and judges who have a feeling of contempt and dislike did exist adorned the common law. Papers which have been read before this among Roman lawyers. Cicero records it, although he resents it. In his time the association and discussions which have professional lawyer or jurisconsult did not taken place here prove that the law schools go before the judges in public or private have given attention to this p,art of their causes to engage in the trial of questions work. Club courts, moot courts, trial of fact. That work was left for the advo courts, or practice courts exist in many cate or orator. The jurisconsult merely if not in all of the schools.1 Among the gave advice upon questions of law. Cicero different methods of instruction in use the relates that when a client brought to case system seems to me to be the one Aquilius Gallus, author of the Aquilian adapted to give the students the best train stipulation, a question of fact, he answered ing in dealing with facts. The correct and impatiently, "There's no law in that. Take orderly statement of the facts by the stu that to Cicero." Professor Ihering says dents in the cases discussed in the class it shows the fine discrimination of the room cannot fail to impress upon them the Romans that they gave less respect and importance of facts. If kept up systemati consideration to the calling of the advocate cally and made a part of the work of the than to that of the jurisconsult.1 We must course, any student who gives real attention not forget, however, that the American to it must find that he is a gainer in clearness of thought and skill in the arrangement and 1 Ihering, Geist. des Rom. R. (Leipzig, 1880), presentation of facts. sec. 42, pp. 411, 412, notes 566, 5663. Roby, Introduction to Digest, CIX. Forsyth, Hortensius, 99 el seq.
1 See 28 A. B. A. R. 549 tt seq.; 22 A. B. A. R. 494 et set].
