Graduation Address

"'Honesty and Sobriety'" Impressed Upon U.N.B. Graduates at Law." The Daily Gleaner (1 November 1946): 5.

Your Honor, Mr. President, Members of the Senate and Faculty, and Graduates of Law:

Thanks of Law Faculty for assembling this special convocation and for the kindly entertainment.

So as to relieve the minds of those whom I address first, I have no intention of imitating the small boy in a recent issue of a popular periodical, who announced: "The subject of my oration will be how to do away with the waste and incompetence of the administration of the 'Hobson School:': so as to relive the minds of all of you, and more especially this evenings graduates in Law, who have already suffered me overmuch, may I assure you that I shall not attempt an oration of any sort, but content myself with brief observations on one or two aspects of the task ahead of you.

You had scarcely passed through one titanic struggle, than you are cast into another struggle. This time on of the mind alone, though the almost continuous period of study since you entered as students at Law must have taxed your physical endurance as well. Let me add, that you all exhibited aptitude and attention to study, rare even among students in professional courses. It is always a delight to those who guide the studies of others to finds that they seriously follow that guidance. I know that I speak for the Faculty of the university of New Brunswick Law School, when I say to you , that we were all well pleased with the work you did, and with the fine results shown by your examinations.

Only the Entrance

We are satisfied then that you are well prepared to enter upon the practice of law, but only to enter upon it. The work which you have done is little, when on contemplates the work ahead of you, if you are to become successful practitioners.

Honest and Sobriety

I wish that I could speak to you of success in life, as the newly selected Chancellor of this University could do, were he here. I am not going to attempt it. I am, however, going to say a few plain words on two virtues that make for real success--honesty and sobriety. No, don't worry, it is not to be a temperance lecture, either.

Lawyers are not the crooked lot that some wold have the world believe, notwithstanding what was long ago said of St. Ivo, the patron saint of lawyers,--yes, there was once a lawyer who was a saint:--"O admirabile qui adovcatus est et non latro." From long personal observation, I confidently say that there have been far fewer instances of dishonesty among lawyers than among the members of any other calling. But when they do occur, they are blazoned forth, as they should be. If, in other avocations, there were not so much "hush, hush," when defalcations occur, perhaps there would be less need of it. There is nothing favorable that can be said of the policy of some business establishments to dismiss the defaulter, and say nothing about it.

Higher Standard

There is, however, a higher standard required of lawyers than of those engaged in most other callings; at any rate, in matters involving security of property and of reputation. Some one said of the Duke of Marlborough that he could be bought, but that he was worth buying. What a travesty for the sake of a smart saying! Another saying is much more meritorious,--a much older saying, true as ever, "Noblesse oblige."

What was said of Marlborough could not be truthfully said of his kinsman, who in his "Life of Marlborough" denies the imputation of dishonesty laid to his renowned ancestor. No person is worth buying. No end, however desirable, warrants the purchase of any man. The lawyer can never forget the ringing words of seven hundred and thirty-one years ago: "To none will we sell right and justice."

Secrecy Imposed

the secrecy surrounding confidences, reposed in a solicitor, as you know, exemplified in the prohibition imposed by courts on the disclosure in evidence by a solicitor of communications, by a client, to a solicitor, in any matter, where a client has consulted a solicitor professionally. This is so, even though no fee has been paid the solicitor; in other words,--even though he be not retained, unless the client permits closure, the solicitor may not make it. The client alone can permit it. Unless he does, no court will hear it. Thus do our courts protect the client; and thus so they emphasize the almost sacred trust reposed in the solicitor. This trust so treated by the courts, must then, in all circumstances, be similarly regarded by the solicitor.

Just Honesty

You who have seen at first hand the espirt de corps requisite for efficiency in the fighting forces, realize fully the desirability of it in the law. It is just honesty--one with another. As you will shortly be officers of the court, you will know that the same is true in your relationship with the courts. The utmost honesty, utter absence of trickery, just mark your conduct towards the court, if justice is to be properly dispensed. This does not mean that, within correct limits, strategy and tactics are not properly employable. With those terms you are thoroughly familiar. They are, of course, permissible and proper, so long as they do not transgress the limit of honesty. Transgressions of this kind do not easily reach the public. When they do, they may be applauded by the few. They deserve the disapproval of right thinking members of society, and they earn the censure of the courts.

Doctor Johnson

When Boswell asked Doctor Johnson whether he did not think "that the practice of the law in some degree hurt the nice feeling of honesty," the doctor replied: "Why no Sir, if you act properly. You are not to deceive your clients with false representations of your opinion; you are not to tell lies to the judge." Boswell: "But what do you think of supporting a cause which you know to be bad?" Johnson: "Sir, you do not know it to be good or bad till the judge determines it. I have said that you are to state facts fairly; so that your thinking, or what you call knowing, a cause to be bad must be from reasoning, must be from your supposing your arguments to be weak and inconclusive. But, Sir, that is not enough. An argument which does not convince yourself, may convince the judge to whom you urge it; and if it does convince him, why, then, Sir, you are wrong, and he is right. It is his business to judge; and you are not to be confident in your own opinion tgat a cause is bad, but to say all you can for your client, and then hear the judge's opinion." Boswell: "But, Sir, does not affecting a warmth when you have no warmth, and appearing to be clearly of one opinion when you are in reality of another opinion, does not such dissimulation impair one's honesty? Is there not some danger that a lawyer may put on the same mask in common life, in the intercourse with his friends?" Johnson: "Why no, Sir, everybody know your are paid for affecting warmth for your client; and it is, therefore, properly no dissimulation: the moment you come from the bar you resume your usual behaviour. Sir, a man will no more carry the artifice of the bar into the common intercourse of society, than a man who is paid for tumbling upon his hands will continue to tumble upon his hands when he should walk on his feet."

Property

Honesty, as generally understood, has to do with  matters of property. Here the public are most ready to approve or condemn. Her the lawyer can earn an enviable reputation, or he can prepare for himself a dishonourable name, loss of clients, and most likely, appropriate punishment. There is, positively, no excuse for, there is a canon against, the mingling of the lawyer's personal and trust funds. It must not be done. The lawyer may not have any intention of wrong doing--and yet many find himself suspended, perhaps disbarred, as a result of just that. He is culpable. Report is made to the Barristers' Society. The lawyer is disciplined. He should be the last to plead: "I had no guilty intention." He realized the significance of the expression "Known, or ought to have known."

 Only those who have had to do with the training of lawyers, know what a heart break it is to learn of a former student who perhaps, gave considerable promise, having been disciplined by the Barristers' Society, disbarred by the court. We search our conduct towards the students, and ask: "Have we been at fault?" But this is as nothing to the humiliation and suffering of the lawyer's family, not to speak of the loss to the clients. Only the sadist rejoices in another's suffering. There are few in the ranks of our profession.

Sobriety

At the outset, I mentioned Sobriety. I mean just that. As a total abstainer from liquor, I might be expected to call upon you to be likewise. I do not ask that, though it is surely the safest way of sobriety. I do, however, urge this: more failures are due to overindulgence in liquor, than to total abstinence. There can be no doubt that another Father Matthew, or another Wilberforce or Lincoln, to free the slaves of liquor, is needed now.

We do not need to become slaves to the habit of drinking liquor. In the days of my boyhood, many lawyers were notorious for hard drinking; then for some years, it was rare to find a lawyer who habitually became intoxicated, but the habit seems to be growing again. Most defalcations are directly traceable to it. In any case, make it a rule not to drink during business hours.

I recently heard the farewell of his tutor, to Lord Chief Justice Godard, who visited here recently.--"Godard, you make a living, but you'll never make a lawyer." Well--he did make both. We expect you all to make good, if not great lawyers. That will suffice. We hope you will all make an excellent living--you cannot expect any more. We want you to read some law every day, and when called upon, to make fair application of the law as you see it. But above and beyond all, we trust that you will establish and leave an honourable name.