The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1894-02-21
The Decline OF Litigation.

So forcibly has the american LdaD-
ger referred to the radical changes in
the practice of law, under the above
caption in its November issue, that
we are induced to make the following
extracts, which will be read by oul
patrons with much interest:
The practice Of law has undergone a
radical change within recent years. A
generation ago, and less, a lawyer s
standing at the bar and his ability as
practitioner, were gauged by the
number of litigated cases in which he
was retained as attorney Of record.
The respect in which he was held pro-
fessionally, both by his fellow mem.
bers Of the bar and the general public,
rested almost wholly upon his achieve.
ment in safely conducting his clients
through the courts. Successful litiga.
tion was the only sure road to profes-
sional distinction. Indeed, in those
days, litigation formed the principal
occupation Of the lawyer. 1t was also
the most lucrative. To-day, however.
the reverse Of all this is true. Litiga.
tion has declined, and counsel work
has become the leading feature OF
practice. The chief (. rum Of the law.
yer has been transformed from the
court house to the Office.
The revolution in the.mode of trans
acting business, whereby great eGter'
prises in finance, commerce, transpor,
tation, and manufacturing are con-
Quoted by combinations Of men and
money in what are termed syndicates,
corporations, and trusts, instead Of by
individuals and partnerships as for
merly, has not only changed the char
acter of the occupation Of the lawyer,
but it has enlarged his jurisdiction
and professional usefulness. In for
mer days he permitted himself to
know nothing Of business affairs ex-
sept as he had to deal with them in
the course of litigation. To-day he
must keep abreast Of the business and
inventive world, for the principal de-
mand for his guiding counsel comes
theref-om, and he is called upon daily
for the application thereto OF legal
principles and methods. The orbit Of
the revolution in legal practice is COM
pleted in the fact that now the work Of
the Office and not the labor Of the tri=
bunal furnishes the profession s chief
revenue. Fees of $500, $1,000 and
$4,000, that thirty or forty yedrs ago
we're the prequisites of eminence in
trial practice alone, become almost
triaing when compared with the re-
compense now often given the practi1
toner who achieves results without
court proceedings.
Litigation is a means, not an end.
More than this; it is an agency which,
like the knife Of the surgeon, should
be the practitioners last resort. The
spirit of age which requires statesmen
to avoid war and secure peace with
honor, physicians to foresee the ap-
proach of disease and to ward of its
attacks, requires that our profession
shall devote it's wisdom to the preven-
tion rather than to the carrying on Of
litigation. In this respect the leaders,
and perhaps the great body Of the pro-
fession, are meeting a requirement OF
the times. They will satisfy remain
ing requirements when they SO sim
plify and read just legal procedure
that litigation when resortcd to shall
not mean tedious delay, ruinous ex-
pense, and uncertain results. The
one form is already we'll advanced ;
the other cannot be long delayed.