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Дата написания1970-01-01
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THE 'ADVOCATE' AND ITS AUTHOR

Literary talents and habits are fortunately not always dissociated from world-like conduct and skill in affairs. We have now become familiar with a class of men who, while cultivating even the more flowery fields of the Muses, are not on that account the less distinguished in their professional walks, or by the active part they take in the great practical movements of the age. The public, which does not readily admit of two ideas respecting any one man, is apt to lose sight of the literary in the worldly merit; but the former does not the less exist, and perhaps in time it will be equally acknowledged. We regard Mr Cox, author of the book under notice, as a remarkable example of the union of the man of affairs with the author. We learn, from a local record,1 that he rose, about twenty years ago as an attorney in a western town, and took an active part in the fervid political doings of 1830-31. Ambitious of higher professional honours, he removed to London, and entered at the bar. In the course of eight or nine years, he has proceeded from one adventure to another, till he is now one of the most multiform of men. Not merely does he follow a strictly professional course as a barrister, but he conducts several periodical works of a laborious nature—the Law Times (newspaper), the Magistrate, the County Courts' Chronicle, and a series of Criminal Law Cases. For the preparation of these works, he has a printing establishment, the management of which would be a sufficient occupation for most men. It gives work to 250 persons, and 10,000 business accounts are kept in it. As if all these engagements were not enough, Mr Cox has established the well-known literary periodical work (fortnightly) the Critic. The conducting of a work designed to report upon the current literature of the day is perhaps one of the most delicate of tasks, for the critics necessarily are themselves authors, are the friends and enemies of authors, and are of course liable to all the usual fallacies which beset human judgment. Hence it is that we see one such work lose credit through its universal benevolence, and another rush to the opposite extreme, of asserting independence by an unvarying tone of rancour and dissatisfaction—obviously a not less unjust course both to literary men and the public, and in the long-run, equally sure to destroy the credit of the men who adopt it. Amidst the difficulties proper to such a task, we believe the Critic has hitherto steered a comparatively irreproachable course, keeping mainly in view a faithful and painstaking account of every book submitted to its notice, and neither trading upon the smiles nor the groans of authors. Of a warm and cordial nature, and with an intense love of literature, he seems to have known how to encourage genius, even while pointing to its errors; and, if we may judge by the internal evidence of the work itself, he has succeeded in rallying round him many of the high and generous spirits of the time. The Critic is distinguished by a more than usual proportion of thought, and by very little of the small superficial cant of criticism.

It will excite some surprise that Mr Cox has found time, amidst his numberless duties, to prepare a professional work of considerable magnitude, and of solid merit and utility. Such, we take leave to say, is the Advocate, of which the first volume is now before us.2 It is a book which, though intended primarily for young legal aspirants, will also instruct, and indeed entertain the public. It is more than this for those who can pursue the spirit of a work through its details, and see the character of an individual or a class rising palpably out of reasonings, maxims, and material circumstances. Such readers will give a hero to the pages before us, and follow him in his career with more than the interest that waits upon romance. They will observe, in the first place, his natural advantages: 'Has he a healthy frame, capable of enduring long-continued exertion of mind and body, the confinement of the study, the excitement of practice, the crowded court by day, the vigil of thought by night? Can he subsist with a sleep of five hours? Can he, without dyspepsy, endure irregular meals—hasty eatings and long fastings? If he be not blessed by nature with the vigorous constitution that will bear all this, and more, let him not dream of adventuring into the arena of advocacy.' Good lungs and a strong voice are indispensable: strong rather than agreeable—let him even scream or squeak, as some of his brethren do, but scream or squeak with power. His mental qualifications are—keen and rapid perception, sound judgment, power of concentration, and that imagination which paints in words. Of these, the first is the cornerstone of the mental character of the advocate. Of the moral qualities, courage and self-confidence must be combined with caution, and the whole elevated by honesty and truthfulness of nature. At this point the philosophical reader will perhaps demur, and inquire whether those clients who are in the wrong find any difficulty in obtaining the most talented defenders—for a con-si-der-ation. But we will postpone that issue.

In addition to his natural qualifications, the advocate must possess what is called a small pecuniary independence: 'The practical conclusion we would deduce from the review we have taken of the expenses unavoidably attendant upon the profession of advocate, and which amount at the least to L.650 previous to his call, and to L.250 per annum afterwards, is this:—Let no man who values his happiness, or his ultimate success in life, make the bar his profession, unless he has resources, other than his profession, upon which he can rely for a clear income of L.150 per annum at the least. This will still leave L.100 to be provided for by that profession; but that is a risk he may not unreasonably run, if conscious that, in all other respects, he is qualified for ultimate success. With less than that, it would be unwise to incur the hazard. With no resources, as is sometimes seen, it is madness.'

The aspirant to the bar must methodise his time. 'In mapping out the day, make ample allowance for rest and for refreshment. Nothing is gained in the end by unduly abbreviating these. Provided you work without wasting a moment in your working-hours, you can afford to be liberal in your apportionment of time to exercises of the body and relaxations of the mind. Above all, and at whatever sacrifice, begin your allotment by devoting two hours at the least in each day to active bodily exercise, and give one of these to the early morning, and the other to the evening. So with your meals. First consult health, without which your studies will be unproductive, and your hopes of future success blighted. Thus, then, would stand the account for the day:—Exercise, two hours; meals and rest, three; sleep, seven; for study, twelve.' Twelve hours for study would be too long, if he did not make study itself a recreation by means of variety. 'The profound should be exchanged for the more superficial; the grave for the gay; such as engage the reasoning powers for those which appeal rather to the perception or the memory. Natural science should take its turn with law; languages with logic; rhetoric with mathematics, and such like—an entire change in the faculties employed being in fact a more perfect relief than entire rest.' An hour to the more difficult law-books is enough at a time, but that hour should alternate frequently with lighter studies. Educational and professional studies—physical training—and exercise in the art of speaking, are all of high importance; and it will be found that our author's advice on the subject is worth attending to. The education of the aspirant must be completed in the chambers—first, of a conveyancer; second, of a special pleader (or, if aiming at the equity bar, of an equity draughtsman); and third, of a general practitioner. As for his formal and nominal studentship in the Inns of Court, that merely serves prescriptively to qualify him for his call to the bar. 'If he purposes to practise as a conveyancer, or at the equity bar, he should enter himself at Lincoln's Inn; but if he designs to practise the common law, either as a special pleader, or immediately as an advocate, his choice lies between the Inner and Middle Temple and Gray's Inn,' The Inner Temple is the most select; the Middle Temple the most varied in its society; and Gray's Inn the most liberal in its table. Having chosen his Inn, 'he must obtain the certificate of two barristers, members of the society, together with that of a bencher, that he is a fit person to be received into it;' and he is admitted, as a matter of course.

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