Evening journal., 1897-05-18
TUESDAY. May Is. 1897.
ON A CONTINGENT FEE.

What justification the House can
have for refusing to pass the Senate
bill in relation to pleadings and prac-
tlce Is beyond our comprehension. It
cannot harm any honest litigant and
the only persons who will suffer from
its operations are those litigants who
play into the hands OF damage-suit
lawyers, or, in other words, sell them
selves in many instances for fifty per
cent. Of the amount of the verdict
given. They will suffer, we admit, and
they should suffer, for this sort OF busi-
ness has become regular traffic and
It is time that some steps were taken
TO restore 1t to legitimate lines But
while they are suffering the public is
being blessed, and that should certain
ly outweigh all objections entered by
these lawyers who make 1t a business
to hunt up cases and prosecute them
against individuals, firms and corpora
tions, both private and municipal,
upon the flimsiest pretext.
The bill provides that any person
WhN AANo NhAANiNn HAlnOAdl INJURY Ul
reason Of the negligence Of some other
person or persons, and who contem-
plates entering suit for damages, shall
do so within a certain number OF
months after the injuries are sustained,
and ille statement setting forth the
nature of the injuries, together with
full particulars as to how, when and
where they were received. In addition
to this the injured person shall give
security for the costs in the case,
which shall be forfeited to the state
in event Of verdict for the defend
ant being rendered, or restored to the
plaintiff if damages are awarded him
by the jury trying the case.
These provisions certainly seem rea-
sonable. Under the system now in
vogue a suit for. personal injuries may
be brought years after the injuries
were sustained and long after the
3 party or parties defendant have for
gotten all about the circumstance, and
when they do not know where to go
to find evidence to be brought I'm their
defence. Further than that, the plain
tiff is not required to give bond for
costs as an evidence OF good faith, and
1t is seldom that the costs are ever
paid when the case goes against ono
of these litigants who goes into court
on partnership basis with his lawyer.
Something must be done to protect
the public treasury as well as the pri-
vate pocket. Not half OF the cases are
inspired by the parties who are in
jured. The newspapers are watched
and the accidents noted, together with
the full particulars, and at the first
convenient opportunity some go-be-
tween calls upon the injured person.
tells him that he has a good case and
casually advises him to retain some
certain lawyer on a contingent fee.
Too Cften the bait is taken, and there
is another case docketed for trial at
any time which suits the lawyer and
the nature OF the case. Then follows
an expensive trial. II the plaintiff
wins, all we'll and good, for the verdict
and the costs are paid: but il the plain.
till loses the costs are not paid and
the expense of the trial falls upon the
public. The lawyer curses his luck;
the plaintiff curses his lawyer and the
defendant congratulates himself that
he got off with the expense incurred in
the defense, which is ofttimes consid-
erable. No doubt these lawyers who
do a large contingent business, are
fighting the bill, hut the Legislators
will be foolish indeed if they listen tc
their representations instead of meet
ing The issue and determining it in the
public interest.