The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1882-04-15
GOING TO LAW.



From ks Nee rork TriLsHs.
1. Lawyers, doctors and ministers,
like teachers, legislators and soldiers,
are necessary to society. Even courts
are necessary. But as the wholesome
man has small use for the doctor, and
the honest man no need Of a confessor,
so the just man will be a stranger to
courts and juries, and will call lawyer
to prevent trouble rather than to cure it.
,. The wit was not less wise than
bright who asked the plaintiff ending
his grievous tale OF wrong with the dec
laration that he should Immediately de-
mand damages in court-whether he
had not got damages enough already?
For there is just difference enough in
ordinary cases between the damages 4
plaintiff will get in court and the DANA
ges he has already suffered to leave room
for play on the words-and no more.
3. Few litigants ever sit down to- count
the cost IN advance-even the money
cost. Let us be among the few prudent,
and reckon up the costs of an ordinary
case. Suppose Browns cattle have bro
ken into Smiths corn and destroyed
corn valued at, say 500. Smith de-
mands 4 settlement. Brown replies
that the fence was poor, that Jones's
cattle got in afterward and did most of
the damage, and that the real damage
VIZ 7qtssIIf f-;Ss -cSs great As Smith claims.
he,- .sns and y 'or 4 first-class suit. II
Brown and .operly approached he
would ~ y pay sro-possibly sac
but Sm..h is sure he has lost 500,
and that Brown ought to pay it all He
decides to enforce his rights. The law
yer will begin a suit for $40. When it
is ready for trial he wants SIS more
The clerks fee and the jury fees are,
say SO more. The witness fees are 81.
Smith loses in all fourteen days time,
worth ssS. At the close OF the trial the
lawyer wants sss more. Total disburse-
mcnts sSS. The estimated losswa 500.
To this add the costs of the action, and
the total damage is SISS
Now, taking the average OF cases OF
this kind, Smith will be fortunate il he
recovers a verdict Of sss. In such case
his net loss will be SI6s, or s63 more
than il would have been il he had KEEP,
out of court and let his "rights" co.
II he had compromised with Brown and
gotten $40 or $40, that would have been
clear gain his victory in the court has
been 4 clear loss, and more disastrous
one than the original infiction. So
much for the plaintiff side.
Now let US see about the defendant.
He might compromise with his ncighbor
by paying say $50; but he will not
He will fight the suit at whatever cost.
His lawyers fees alone are $50 he loses
time, worth at least s,s, and has s,5 to
pay at the end the total is just twice
the amount that the case might have
been settled for. Tie original damage
was said to be 500. The two men
spend sISS in "lawing" it, and of this
only s,s goes from one to the other -
the other $40, is dead loss, which must
be added to the original 500 to show
the real damage.
4. These figures are furnished US by
authority which cannot be questioned,
as very fair average figures. We are as
sured that the relative actual results Of
ordinary litigation will show a clear loss
quite ss startling as this, and that very
large percentage of cases show 4 much
larger loss, especially when new trials,
appeals and collateral suits are involved.
This column is regularly read in at least
100 families in rural neighborhood in
this State, where a litigation that began
about few sheep has gone on until the
court costs alone, three years ago, had
amounted to over $500, and, so far as
We know, they are still rolling up.
s. But the most important considera-
tions are yet to be mentioned, and these
go to the uncertainty Of the result. II
the man who knew he had 4 right to re-
cover could be even reasonably sure, his
case would be comparatively an easy
one. But nothing in this world Of un-
certainties is more uncertain than the
result Of lawsuit. Nor is this because
judges and juries, and lawyers are worse
than other men. Consider the contin-
gencies necessarily involved.
~ The statement of the case. Not
one man in hundred knows how to
state his case to his own lawyer in its
full strength. Hehasa strong conscious
ness that he ought to win, and he rests
chiefly on that.
(a.) The presentation Of the case by
the lawyer to the court and jury. Not
one lawyer in a hundred can state a case
in its full strength after il has been clear
ly stated to him.
Cd The evidence is always uncertain.
Old lawyers often remark that few things
are so difficult as to extract the simple
truth from witness who knowsit; and