Benjamnin F. Butler, Butler's Book: Autobiography and Personal Reminiscences of Major-General Benjamin Butler

[991] in the younger years of my profession than I win now of the same class in proportion to the number tried after fifty years of professional labor. This would seem to be almost a paradox but an easily explained one. As a young man I took my cases as they came to me, and prepared them for trial substantially before I brought them. Thus, unless I met with some surprise in the state of facts upon which I proceeded,--and I generally took care to know the facts in my cases on both sides before I began, which was the best time to find them out,--it was my fault if I did not sufficiently prepare myself to learn the law in my case. But in later years it is supposed the client does not as a rule apply to the lawyers of years' standing in the profession to have his case begun. This, I take it, is through fear of being put to the expense of large fees. In later years I have been applied to most frequently to take charge of cases that have been substantially lost by proceedings had in them before they came to me, cases that in many instances could have been won if they had been properly taken in hand earlier. In other words I am called in largely in desperate cases. But I have made it the rule of my life never to refuse to assist in trying cases, however desperate, if I believe there is any chance to win. That there should be no mistake of my mention upon this topic I think I may state a case, in a narrative form, so as not to be too tedious:--

Some years ago I was sitting in my office in Washington when a gentleman came in, having under his arm a thick pamphlet with that dirty red paper cover which designated the record of the Supreme Court of the United States. Producing a letter of introduction from a valued friend, giving him a very high character for probity and standing, he said to me:--

“We have a case in the Supreme Court of which this is the record. It has been decided against us. I want you to examine the record carefully and see if there is any way we can save ourselves. What will you charge to do that thoroughly and give us a written opinion?”

Looking ruefully at that thick record I said: “I should not like to state a price without knowing something about the case. Perhaps I shall not choose to give an opinion at all. You appear to be a gentleman of intelligence; please state your case so that I may see what it is.”