Telegram-herald., 1889-11-16


trist q Nss Yors. and n ls-2 resigned thst
position GA his election a. justice u Tie New
Yark supreme court In 1873 be- hsoaule pre-
siding Justice u 1hSI court. The Ise~i
stokes an other great trials were conducted
before hin Ia JsAuary, 1851, hs retired
fruus the bench after & Continuous service u
fifteen years an1 resumed rs practice.
Ex,Judge Davis sad / attribute the over
erowding Il the lssal profession largely %
TIE greater f4ciAGies thzs are nowadays AZ
forled 70 al who wisA = become lawyers
and u tie abolition ot the distinction that
formerly existed between counselors AID
attorneys
The cid rule required seven years q study
before the stadenJ could be admitted % tie
oface II attorney. % tais. four yesrs might
be spent IN college or ia classical studies, and
three IN tae oEiice u praellciug attorney,
o. the whole seven in a lawyers Office. After
admission Is an attorney u required three
years practice as sGcn before admission as
a counselor u the court. This rule, when
enforced, scared All equipment IN knowl-
edge and experience that brought % tine trial
and argument of csses valuahie learning and
practical training. and, AZ least, showed tlat
tae student who went through tie Ten years
that brought him as an advocate o the bar
was poSseflsd Of patience and perseverance,
If not the other requisite qualities.
All this IS changed. ami Tor ID is substituted
a system which brin 8 fuil fei ged lawyers.
both as attorneys and a0vocafes % the bar of
our highest courts. ia three wears. with small
guarantees Of learning or experience. This
Is one great cause OF the overcrowding
Another, In my judgment, in shis state. is
the adoption OF the code Of civil pr0ee.d~ie.
by which the practice of the courts is Thought
% be simplifed by the substitution of $3.50
sections OK statutes for the exceedingly sim
pie rules Of the old courts. This change
has built up a corps OF lawyers whose
business is Is 10 infest the tribunals with pet
" motions not affecting the merits Of cases,
but made for the small costs allowed on such
motions or as pettifogging hindrances aud
delays IA the progress Of suits. This class of
lawyers did not and could not exist under
our former system Of practice.
Another great evil which has caused the
excess Of lawyers has been the abolition Of
the laws which forbade al attorney or cOun-
selOr from having any personal pecuniary
interest in the subject matter of litigation.
This change has created and let loose upon
the community horde Of professional htiga-
ton breeders who take suits ION shares"
and even at times as insurers of clients
against costs and expenses and thereby be-
come stirrers up Of litigation that would
otherwise never exist. And its success in
vites the rapacity Of persons who seek the
profession for this sort Of corsair practice,
and live and fatten upon 1t.
These, with other causes which have not
time 70 enumerate, have tended to bring the
profession of the Law into disrepute, and have
filed it 70 some extent with dlsreputable prac-
titioners.
The false idea that professional life is
superior 10 other avocations In condition and
standing leads hundreds Of youths TO seek
the professions rather than the avenues of
business life or trade or labor, and this idea
brings many TO the bar who should rightly
DO in the other pursuits Of life
The remedy for the overcrowding Of the
profession Of law is not easy TO define 1t is
difficult TO 90 back to the old systems of
practice and Of admission to the bar, because
of the strong antagoniSrn OF the masses of the
profession 70 such a courss; and they largely
control the legislation OF the country. Nor can
the courts control tho question. Their busi-
ness is 70 administer the law as they find il,
and accept as attorneys and counsslors all
whom the law clothes with such authority.
Meanwhile the litigation of the country
does nos increase with tho same rapidity as
the profession. This fact will, doubtless, in
time staI've out many and drive them to
other avocsTions; but that Is a slow remedy
FOR the evil which Is now constantly growing
Legislative changes might and ought to bs
made whereby lawyers shall be prevented
from becoming their own clients by taking
shares or interests in the subject matter Of
litigation; whereby courts shall have power
70 prevent and punish frivolous and merely
technical motions made 10 impede litigation,
and whereby all costs for motions shall be
wholly abrogated. The admissions to the
har should be made les easy, both rs to time
and qualifications.
The subject Is a broad one and requires
aomething beyond q mere interview TO de-
7slop or consider it.
EDWARD BUNNELL PEELPA