Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-11-17

In 1868, ID 1871 was IN
appointed United ~
States district attorney for the southern dis
trict Of New York, and in 1872 resigned that
position on his election as justice of the New
York supreme court. In 1874 he became pre-
siding justice Of that court. The Tweed,
Stokes and other great trials were conducted
before him. In January, 1857, he retired
from the bench, after continuous service of
fifteen years, and resumed his practice.
Ex-Judge Davis said: attribute the over
crowding of the legal profession largely to
the greater facilities that are nowadays at
forded to all who wish to become lawyers,
and to the abolition Of tine distinction thet
formerly existed between counselors aud
attorneys
The old rule required seven years Of study
before the student could be admitted to the
office of attorney. Of this, four years might
be spent in college or III classical studies, and
three in the office of a practacing attorney,
OF the whole seven in lawyers Office. After
admission as an attorney 1t required three
years practice as such before admission as
a counselor OF the court. This rule, when
enforced, secured an equipment in knowl-
edge and experience that brought to the trial
and argument Of cases valuable learning and
practical training; and. at least, showed that
the student who went through the ten years
that brought him as an advocate to the bar
was possessed Of patience and perseverance,
if not the other requisite qualities.
All this is changed, and for it is substituted
system which brings full fedged lawyers,
both as attorneys and advocates ID the bar OF
our highest courts, in three years. with small
guarantees Of learning or experience. This
is one great cause OF the overcrowding.
Another, il my Judgment, in this state, is
the adoption of the code Of civil proceedrue,
by which the practice OF the courts is thought
to be simplied by the substitution of 1856
sections of statutes for the exceedingly sim
pie rules of the old courts This change
has built up a corps Of lawyers whose
business; it is to infest the tribunals with pet
ty motions not affecting the merits of cases,
but made for the small costs allowed on such
motions or as pettnogging hindrances and
delays in 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 an 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 Gtiga-
ton breeders who take suits 'Non shares"
and even at times insurers Of clients
against costs and expenses and thereby be-
come stifrers 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 it.
These, with other causes which have not
time to enumerate, have tended to bring the
profession of the law into disrepute, and have
filed it to some extent with disreputable prac-
titioners.
Tie false idea that a professional life is
superior TO 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
be 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 60 back to the old systems of
practice and of admission to the bar, because
of the strong antagonism OF the masses Of the
profession to such a course; and they largely
control the legislation of the country. Nor can
the courts control the question Their bust
ness is to administer the law as they find it,
and accept as attorneys and counselors all
whom the law clothes with such authority.
Meanwhile the litigation of the country
does not increase with the same Tapidity as
the profession. This fact will, doubtless, in
time starve out many and drive them to
other avocations; but that is a slow remedy
for the evil which is now constantly growing
Legislative changes might and ought to be
made whereby lawyers shall be prevented
from becoming their OWE clients by taking
shares or interests in the subject matter Of
litigation; whereby courts shall have power
to prevent and punish frivolous and merely
technical motions made to impede litigation,
and whereby all costs for motions shall be
wholly abrogatei The admissions TO the
bar should be made less easy, both as to time
and qualifications.
The subject is broad one and requires
something beyond mere interview to de-
velop or consider it.
EDWARD BUNNRLL PHELPS