Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-03-20
LAWYERS AND THEIR CLIENTS.
Troublesome Litigation Caused by TAX.
Ing Cases on Contingent Fees.

From the st. Louis Giobe-Democrat.
A New York court has lately decided that II
Is perfectly Legitimate for q LAWYER TO make his
fee dependent upon the outcome of his case;
or. IN other words, to prosecute q claim for
stipulated share of such sum as NAV be re-
covered There was q time when this method
OF maintaining lawsuits was accounted grave
improperly; but the progress of civilization
appears to have made it respectable. 1t is not
TO be doubted that o great deal Of unneces-
sary and troublesome litigation is thus brought
about, for the benefit, chiefly, of the attorneys
VINO do that sort Of business. In fact, it is very
well known that in most Of the cases involving
claims for damages, particularly against corpor-
atoms, the lawyer rather than his client is the
real party in interest. That is to say, there are
lawyers who invest their professional services
In such suits as Q speculation. II they win,
they appropriate the lions share Of the profit;
and II they lose, their clients are usually re-
CURED to pay the costs. A man having any
kind of a cause of action can always find law
yer who will agree to manage the matter for a
certain portion of the proceeds. II il not in
sisted that the claim shall be manifestly valid
and proper one, but only that it shall have
some degree of technical plausibility, and
furnish a chance for argument before the aver
age Jury.
There are some instances, perhaps, where
this practice is an advantage to the poor and
defenseless; but it is very much oftener a source
of mischief. Thousands of cases which now
occupy the time of the courts could be ami
cably and honestly adjusted without recourse to
legal proceedings if the lawyers would consent
to methods of reasonable concession and COM
promise. The simple truth is that the LAWYERS
lind 1t more remunerative to encourage and
prolong litigation than to act the part of peace
makers; and the result is that the business of
the courts is made definitely larger than 1t
should be or need be, solely for the benefit of
the legal fraternity. In theory the lawyer is
supposed to dissuade his client from going to
law when the case is of a doubtful nature, but
IN fact he rarely gives such advice under any
circumstances. He thinks it his professional
privilege to swell the docket as much as he can
in his own interest, and to incite contention
wherever an opportunity is presented to do so,
instead OF using his influence to prevent it,
Nine times out Of ten, it is safe to say, the dis
putes and MISUNDERSTANDING which lead to law
suits might be peaceable and inexpensively ar
ranged If the lawyers who are consulted with
regard to them would recommend their right
course. Litigation is improbable at best; but
the lawyer does not consider it his duty to i'm
press this fact upon his client, even in cases
where he knows that defeat must ensue.
This does not imply that the lawyers are all
leagued together i'll systematic effort to in
crease litigation for their own profit, regardless
of the obligations Of honor justice and fair
ness; but il does signify that a class they
90 great utdl IDeN 90 10
promote the peace and welfare of society. The
majority of them are honorable men and good
citizens; but at the same time they accept and
practice certain views OF professional liberty
which are not consistent with the true philos-
ophy of duty. They do not stop to think that
1t Is in their power to bring about compromises
and 70 lessen the burden of trouble and expense
which is represented in the records of the vari-
Gus courts. They may answer that they are
not bound to injure their own business in that
way; but such plea il superficial and petit
Jogging. If they can serve their clients better
by keeping them out of court than by causing
them to go there. then they are bound to adopt
the former course. There are some lawyers
who take this exalted view of their relations to
those who seek their services, but they are not
nearly as numerous they should be. The
pressure of competition has had deterio-
rating effect upon the general morality of the
profession There has been a decided depart
ure from those high standards which once pre-
vailed; and the situation in that respect viii be
improved only when the present methods of
securing business shall be superseded by others
Of a more dignifed and creditable character