New-York tribune., 1901-09-17
MAGE SUIT TULTURES. ).

II is time that the courts and the reputable
members of the bar set themselves to work de
vsing methods to put down the ambulance
chasers and other shyster lawyers who foment
litigation. In a recent number of The Tribune
Alexander S. Lyman, head of the claim depart
ment Of the Brooklyn Rapid Transit system,
told something about the methods of those vult
ures who scent out an accident almost before
ambulance can get the victim TO the hospital,
and beslege his family in droves, offering TO
press claim for damages on an agreement for
contingent fees. Persons who step off car
carelessly and get a scratch for which they do
not think of blaming the company are frequent
ly visited by these so-caled lawyers, who ask
authority to proceed for the extortion of money
from the company, to be divided between the
alleged sufferer and claims agent A regular
trade is done in these cases. The right to pros
ecutc them is bought and sold. Witnesses
provided to blish any state of facts desired,
until perjury in accident cases has become com
monplace The court calendars choked with
these suits. the majority Of which have no
merit: for I'm general companies responsible for
damages seek a settlement of all reasonable
claims out of court.
In England something has been done to mti-
gate this nuisance. There the judges have dis
missed with sharp reproofs many trumped up
libel suits brought without any real justification
at the instance of damage lawyers who go
through newspapers with fine tooth combs,
picking out trifes which to base claims.
Here, however. the courts seem unable to deal
with the damage suit abuse any more than
with the abuses connected with getting juries
and securing prompt criminal trials. Judges
seem afraid TO deal with palpably unjust case
summarily they do in England. If they were
Na1.l
would find excuse for undoing all the good and
involving the innocent defendant in the
penses of new trial, which would be consid-
erabe even if he won.
This business has grown to be a species of
blackmail. Every transportation company, and
many other large business concerns, keep regu-
lar stafs 70 settle all just, even plausible,
claims Even when there is no merit in claim
II is often cheaper to settle than to fight and
win, and the courts cannot be relied upon TO
make fighting worth while and discourage the
vultures II they could, defendants might be en-
abled to resist them out OF court and make it
improbable for them to pay expenses for eli
ents not justly entitled to damages in the hope
Of contingent fees. AS it is, being sure Of no
adequate protection in court, but rather faced
with long series of expensive appeals de-
PENDANTS often settle for enough to give the
ambulance chaser living, and this, of course,
only tempts him TO push to extremes some other
trumped up claim. There used to be rule which
forbade lawyers to foment litigation or to bring
suits on nm agreement TO share the proceeds. II
ii were now the rule, and was strictly enforced
by judges quick to inquire into the arrange
ments made with clients in suspected cases,
this system OF extortion could be broken up
But at present no attention Is paid to anything
OF this kind The shyster is tolerated as II he
were a reputable lawyer, and allowed to nee his
position Of officer OF the court as an Instrument