Institutio Oratoria
Quintilian
Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.
For just as doctors have to do more than treat the ailments which meet the eye, and need also to discover those which he hid, since their patients often conceal the truth, so the advocate must look out for more points than his client discloses to him. After he considers that he has given a sufficiently patient hearing to the latter's statements, he must assume another character and adopt the rôle of his opponent, urging every conceivable objection that a discussion of the kind which we are considering may permit.
The client must be subjected to a hosthe cross-examination and given no peace: for by enquiring into everything, we shall sometimes come upon the truth where we least expect it. In fact, the advocate who is most successful in getting up his case is he who is incredulous. For the client promises everything: the people, he says, will bear witness to the truth of what he says, he can produce documentary evidence at a moment's notice and there are some points which he says his opponent
will not deny. It is therefore necessary to look into every document connected with the case, and where the mere sight of them is not sufficient, they must be read through. For very frequently they are either not at all what the client alleged them to be, or contain less, or are mixed up with elements that may damage our case, or prove more than is required and are likely to detract from their credibility just
Further, it will often be found that the thread is broken or the seal tampered with or the signatures unsupported by witnesses. And unless you discover such facts at home, they will take you by surprise in court and trip you up, doing you more harm by forcing you to abandon them than they would have done had they never been promised you. There are also a number of points which the client regards as irrelevant to his case, which the advocate will be able to elicit, provided he go carefully through all the
dwelling placesof argument which I have already described. [*]( V. x. 20 sqq. i. e. sources from which arguments may be drawn. )