change the rules. The only persons who can effect a change are the
lawyers. As members, they are agents for their clients who are the
public at large. Occasionally the public awakes to a realization of
their power over both courts and lawyers, that they are their
creatures; then happens a revolution in procedure and something is
accomplished.

The lawyer waits about the courthouse for his case to be reached. It
may take days or even weeks before it is marked ready. He wastes his
time. The witnesses have been subpoenaed. They have to be told to
come again the next day. There is little money in it for the lawyer.
Office practice pays better than court work and except for the eminent
pleaders there is but small honor.

During the trial the lawyer seems to be sparring. He takes the
attitude of saying: "I want that point of law decided; it is such a
nice point, it ought to be settled." As a matter of fact he only
wants it settled in his own favor. It is not the abstract interest but
the concrete fact in which he is interested.

The lawyer is vigilant from the beginning of the trial to the end.
After the case is marked ready he watches the jury, the other side,
and the judge; any movement may be of importance; if it escapes his
notice he may lose his whole case. It is not safe for him to go on the
assumption that the other side is as honest as he is. If they should
attempt to put in some evidence that is not proper, to offer a paper
that is not duly authenticated, to try by some trick or device to take
an unfair advantage, he must be ready to pounce upon the incident. If
he is quick he may turn it to the advantage of his own side.