Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-03-03
THE DAMAGE SUIT INDUSTRY.
Some Thoughtful Remarks on Very
Dangerous Development.
News and Courier

Dangerous Development.
News and Courier:
The North Carolina legislature has
passed an act imposing severe punish
ment upon the lawyers of that state
who are guilty Of the offense Of barra-
try, "the unprofessional instigation Of
litigation and legal controversy by
lawyers" The bill was offered by Mr..
Moore of CASTOR county, who said that
he had been compelled to bow his head
in shame at the practices Of disreput-
able lawyers in his county who we're a
disgrace to the profession. He said fur
ther, that barratry had aroused con-
tempt for the legal profession In the
minds Of the people, and that, strange
to say. the State Bar association bad
not taken any action against this class
Of attorneys. An amendment was made
to the bill making It unlawful for
lawyer to advise or procure the with
drawal Of any action already institut-
ed, SO that we suppose the trial of the
cases which have been begun will go
on. but that, in the future. the busi-
ness of making litigation will be dis
couraged and punished.
The action of the North Carolina
legislature upon this subject must be
regarded as step In the right direc-
ton, and we are sure that 1t will be
followed In time by the legislatures Of
other southern states which have suf-
fered so much from the unprofessional
activity Of the damage suit lawyers.
There Is not term Of court held In
any county in this state which Is not
largely taken up with the trial of
made-up cases, the lawyers engaged
In the damage suit business depending
for success not so much upon the JUS
tice of their claims as upon the pop
ular hostility which has been carefully
cultivated against the corporations.
The sense of popular justice will final
ly prevail, We are sure, against the in
dustry of the lawyers who have en-.
couraged the damage suit business, not
so much for the benefit of their clients
as for the fees that are contingent up
on the verdicts they obtain. We can
not commend too highly, and thought
full men cannot regard with too great
favor, the action Of the North Carolina
legislature In providing for the pun
ishment Of those who encourage litiga-
ton, not In the public interest, bit for
their private benefit.
In line with the act passed upon this
subject by the North Carolina legisla-
ture is the law recently adopted by the
Missouri house of representatives, pro-
viding that "any person who solicits
lawsuit against another shall be deem
ed guilty Of misdemeanor and punish
ed by fine and Imprisonment" Out
west, we are told by the Albany Ar
gus, they do not talk Of ambulance"
lawyers, or "shysters," but Switching
lawyers" or "snitchers." Missouri ls
probably the first state" says the
Philadelphia Public Ledger, which has
attempted to reach huckstering attor-
neys by special penal legislation. The
modest Single beside his Office door
was the only form Of solicitation prac-
ticed by the reputable lawyer OF the
old school of legal ethics. Foraging
for clients either in person or by an
authorized agent, has always been re-
garded as highly unprofessional."
The Kansas City Star says that the
practice Of soliciting business In the
form Of seeking the injured who have
grounds for damage suits and inquir-
ing into the grievances Of men, has
grown amazingly in Kansas City, and
has tainted some Of the most promi-
nent law firms. This indicates a de-
generacy In professional life which
ought to be checked as soon as 1t be-
comes apparent anywhere. "The dis
cipline of the 'shyster' lawyer Is in the
hands of his professi' Nal brethren
says the Argus; land there should be
no hesitation to apply it and no need
for legislative action"
But there is need for legislative ac-
ton. This has been proved In North
Carolina, where the State Bar associa-
ton has failed or refused to take any
action against the members Of the bar
who have pursued unprofessional
methods in their business. Former
Justice D. Cady Herrick Of New York,
made a recent address to the Legal
Aid society in which he protested
against the ambulance" lawyers, on
the ground that their practice Of TAX
ing from forty to seventy-five per cent
of the damages awarded to persons
injured in accidents resulted In rob-
berry and blackmail, and besides being
degrading to the legal profession was
degrading also the cause Of justice.
We do not know what authority the
Judges themselves have, II any, In
such cases, but the abuse has become
so general that 1t would seem that
the bench might in some measure. at
least, cure the excesses Of the bar.