JB/056/209/001

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1827. Novr. 3
Law Amendment.

Propositions
Ch. Procedure

38
Complainants professional
assistants
interest diametrically
opposite to his duty

Calling on the assistance of a professional In the professional man
the complainant has an assistant whose interest is in a state of diametrical
opposition to his appropriate duty: his doing what is a man whose interest
it is to swell to its maximum the mass of expence for the scale
of such profit as can be made out of it, and of delay, and vexation
for the encrease that may thereby be made given to the expence
to the vexation as being the unavoidable and proportionable proportionate accompaniment
of the delay and the expence. In these respects The
eye of the Judge (it may be said) he will be restrained from pursuing to the prejudice/detriment of his client
may cause this material
by sinister interest.
To a certain degree yes,
to an adequate degree
no. For
to all whatever
passes between his Client
and him passing in secret
without being participated
in by the Judge may
on the occasion in
which evidence/conduct beneficial
to that sinister interest
may be carried on
without either cognizance
or suspicion on
the part of the Judge.
And in the fact of his
giving the in so far
the interest of his client
the preference to his own
depends, his abstaining
from giving to/to an indefinite amount to delay vexation
and expence factitious
encrease. If under the
eye of an intelligent Client
he will impose upon himself
this/such abstinence it
follows not that so he
will under the eye of
an and unintelligent
one

39
The party if incompetent
to carry on the business
himself would by attendance
be a check on professional
assistant

Be the party ever so far from competent to the carrying
to the business of himself with due effect still will his presence
operate as a check upon any such practice. Then in the presence
of his professional adviser stands the party: nothing out of the hearing
of the party can neither be what is said either by the
him by the professional one, or by the professional man to the
Judge. To the party himself for the receipt if for any information wanted or for the
communication of any information needful can the Judge address
himself to the party who then and there alone can possess in certainty
of receiving it.

To the not only admitting but compelling a person to
furnish information on a matter not his own how is any
objection on that score made, with what certainty can any
such objection be made to a person bound to the like alliance
in an interest which is his own for the purpose of his own
business? For such compulsion What reason can give be given in the one case
which does not apply, and operate and with indisputedly greater force in the
other?

Identifier: | JB/056/209/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-11-03	Marginal Summary Numbering	38-39
Box	056	Main Headings	Law Amendment
Folio number	209	Info in main headings field	Law Amendment
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D11 / E11
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18265
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