from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
COUNSELLOR AT LAW, offices. An officer in the supreme court of the United
States, and in some other courts, who is employed by a party in a cause, to
conduct the same on its trial on his behalf. He differs from an attorney at
law. (q.v.)
2. In the supreme court of the United States, the two degrees of
attorney and counsel are kept separate, and no person is permitted to
practise both. It is the duty of the counsel to draft or review and correct
the special pleadings, to manage the cause on trial, and, during the whole
course of the suit, to apply established principles of law to the exigencies
of the case. 1 Kent, Com. 307.
3. Generally in the other courts of the United States, as well as in
the courts of Pennsylvania, the same person perform's the duty of counsellor
and attorney at law.
4. In giving their advice to their clients, counsel and others,
professional men have duties to perform to their clients, to the public, and
to themselves. In such cases they have thrown upon them something which they
owe to the fair administration of justice, as well as to the private
interests of their employers. The interests propounded for them ought, in
their own apprehension, to be just, or at least fairly disputable; and when
such interests are propounded, they ought not to be pursued per fas et
nefas. Hag. R. 22.
5. A counsellor is not a hired person, but a mandatory; he does not
render his services for a price, but an honorarium, which may in some degree
recompense his care, is his reward. Doubtless, he is not indifferent to this
remuneration, but nobler motives influence his conduct. Follow him in his
study when he examines his cause, and in court on the trial; see him
identify himself with the idea of his client, and observe the excitement he
feels on his account; proud when he is, conqueror, discouraged, sorrowful,
if vanquished; see his whole soul devoted to the cause he has undertaken,
and which he believes to be just, then you perceive the elevated man,
ennobled by the spirit of his profession, full of sympathy for his cause and
his client. He may receive a reward for his services, but such things cannot
be paid for with money. No treasures can purchase the sympathy and
devotedness of a noble mind to benefit humanity; these things are given, not
sold. See Honorarium. 6. Ridley says, that the law has appointed no stipend
to philosophers and lawyers not because they are not reverend services and
worthy of reward or stipend, but because either of them are most honorable
professions, whose worthiness is not to be valued or dishonored by money.
Yet, in these cases many things are honestly taken, which are not honestly
asked, and the judge may, according to the quality of the cause, and the
still of the advocate, and the custom of the court, and, the worth of the
matter that is in hand, appoint them a fee answerable to their place. View
of the Civil and Eccles. Law, 38, 39.