Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1906-08-03
Not Law, But Methods, to Blame.

generally concerning the laws delay,
asserting that frequently justice dc.
layed l. equivalent to justice denied,
which causes people to lose confidence
in courts and respect for the judiciary.
Mr.. Browncll claimed that litigat-
ins parties should not be allowed to
resort to dilatory tactics, interpose
motions and demurrers to annoy or
harrass parties seeking To recover or
defend their rights in good faith;
that controversies should be disposed
OF speedily. and not permitted to re-
main open 10 develop into putrid
ulcers, which are in many instances
calculated to leave behind ugly scare.
The gentleman admitted that the
cour.., advised hy him might interfere
very materially with lawyers prac-
tice. though occasionally a client may
tie found who has sufficient honesty
and intelligence to refrain from prais.
ing an attorney for trick. and chican-
cry he has practiced, though it be in
his own behalf.
Ordinarily in the trial OF . cause, a
person OF common intelligence does
not have to watch the proceedings
very long, especially the actions of the
lawyers on either side, before he will
be able to discover which party has
the right side OF the case. The law
yer who is conscious OF the weakness
of his clients pretensions, is usually
very prolific in objections and in
raising technical points which have
no bearing on the merits. Now if the
right of the case is so apparent to the
disinterestcd observer, it ought to be
much more so to the trial court, who
should forbid such practices, hasten
the disputations to conclusion, and
if necessary, reprimand the obstreper-
GUS lawyer. Unfortunately it is too
often the case that these lawyers seem
to be in favor with the presiding judge,
who allows such tactics to discredit
his court without hindrance. If this
practice becomes too frequent, need
we wonder that we have anarchists in
the community? At the bottom OF
every social wrong there is cause.
Instances are not wanting, wherein
men have had plain cases, against
which there was no apparent defense,
but q lawyer more abundant in tricks
than in honesty, begins to operate for
delay, interposes one silly motion after
another, induces his client to make
false sffidavits in order to get an ad-
journment, then the lawyer will sup.
plement his clients false swearing by
asserting falsehoods to the Judge in
order that a further postponement
may be had. In this manner causes
which should have been tried within
three months after commencement, at
farthest, remain on the docket for
several years undecided. Sometimes
the other party throws up his claim
in disgust, or if lie has courage to
fight it to the end, he is apt TO con.
clude law is trickery, and lawyers are
only tricksters, and that the court is
the arena in which the profession
exploits its chicane.
President Brownell had known of
lawyers who never brought case to
trial if they could avoid il, who kept
the controversy going in order to work
fees out of their clients pockets.
Once in while the client wakes up
and realizes how his lawyer has besn
working him. !
A periodical Of considerable promi.
nence in a recent number takes the
position that the legal profession is
surely aud visibly in the decline, and
claims that if it we're not for the SET
Element of estates Of deceased parties,
many Of the lawyers throughout the
country would have to 60 out of bust.
ness; that even in tho West, where
business 10 this line is somewhat
better than in the East and Middle
West, some find in order to make ends
meet, they must 60 into politics.
Thus the old saying his familiar to
many, "a lawyer takes to politics
like duck to water" If he does not
he is considered lame duck" We
are we'll aware how the profession
crowd into the political conventions,
and in the legislative halls. We also
hear of the ambulance.chaser, the
lawyer who persistently grasps after
accident cases. Corporation agents
are decrying this class of attorneys,
but their own skirts are not clean by
any means, when We learn of such
agents following unfortunate victims
into the hospitals, and even into their
own homes, to procure releases for
nominal sums.
It behooves the profession, if its
members wish it to continue and
maintain its prestige, to simplify the
methods regarding court procedure,
especially in the direction OF obviating
delays.
In the year 1900 it was estimated
that there was in this country one
lawyer to every 10000, and in 1900
the average was one attorney to each
500 of population.
Last year new labor organization
was formed in Chicago and called it..
self the Industrial Workers of the
World. This organization refused to
admit to membership a New York