New-York tribune., 1907-08-28
THE LAWYERS.
nOrnic systel

The lawyer holds an odd and contradictory
place in the public esteem Though there are IL
hundred sayings that indicate a certain popular
estimate Of the profession; though, for instance
when rich estate gets into the courts every
body says "the lawyers will eat it up" though
men warn each other 10 settle their troubles pri-
yatelv and not get into the hands of the law
yers'' vet when we want TO I'LL public ONCE
there is no one TO whom we turn WITH greater
confidence than to a lawyer. large propor-
tion of our legislators. state and national are
lawyers. We might say that this Is due 10 u
recognition OF the peculiar illness OF lawyers
for lawmaking but il may be observed that Il
similar proportion of governors and presidents
are chosen from the same profession. Evidently
we either do not put much faith in our proverbs
or else we think that lawyers are only danger
Gus as lawyers. being excellent and serv1ceaDle
as men and citizens. At any rate. no class exer-
cises a stronger and more Immediate influence
OH public life than the lawyer. 1t Is interesting,
then to see how the profession addresses itseit
TO the larger public problems that directly al
feet it.
The annual meetings Of the national ana state
bar associations are occasions when the prob
lens OF the bar get airing. The lawyers
discuss the failings OF their profession the
weakness of the legal system, the laws delays
the failures of justice through the red tape OF
trial systems, the eXcesses of Legislation ahu'
while there TO be substantial agreement
among them upon the things that tend to bring
the law into disrespect, somehow each conVen-
ton listens 10 the same old problems and the
world does not get much further.
Judge Parker. the president of the National
Bar Association for instance, tells the as
sociatfon of the evils of excessive lawmakng.
His auditors could hardly have lived in the
United States and failed to hear the idea ex-
pressed thousand times before. Ii Is one OF
the commonplaces Of comment about our ma
I!onaI Ills Has the discussion of ii ever checked
the passage Of statute? DO not our leSislat-
ors many of them lawyers, pride themselves
before their constituents the number of laws
they make? We doubt If the commonplace
about excessive lawmaking has any more de-
terrent effect than the commonplace about ex-
cessive eating. No lawyer when lawmhking is
ever restrained by his professional knowledge
that we suffer from too much and too crude leg
islation Another evil recognized by lawyers. in
this state at least. is the delay OF justice and
the ciogging of the courts through excessive
technical appeals. Mr.. Choate made an admir-
able address before his professional brethren
a few years ago on this subject-pcrhaps the
best OF the many which they have listened to
and discussed Mt such gatherings We do not
know Of any result in the lessening OF red tape
and technicalties in appeals. Probably they
have since grown and multiplied. The lnwyer
is rare who, because he recognizes that they
wrong and foment public discomfort with the
| law. refrains from avaIing himself Of their pos
sibiiities aud there is no strong movement
toward curing the evil.
Then there is the subject of professional eth
les, which this present convention has before it
and Is handing over TO the next convention.
Cannot the bar agree upon code OF ethics
which will professionally ostracize the men who
bringing public discredt upon the profes
sion? The corporation that wanted to violate
the law created a demand for the lawyer who
As public opinion is frowning upon corpora
lawyers of this kind. The problem is bic
one and il is difficult one. and il is nor for Us
to suggest way Of solving it. but the associa-
ton which il jealous OF the high public regard
for the profession must create an esprit de
corps in the profession that will protect il from
discredit. The profession needs to carry little
of i.s reforInutory zeal home with it from its
conventions 1t is not enough To discuss the
evils Of the day and stop there. II a really
strong professional opinion existed against
the excessively technical appeal that practice
could be reformed. Excessive lawinaking is
perhaps beyond the power of lawyers 10 check
The habit may be too deeply ingrainci in the
| American democracy. But the lawyers through
their very prominence III public life. could. as
Judge Parker says, probably help to restrain IT,
And the evils within the profession itself that
call for code of ethics would be repressed by
wholesome professional opinion operating all
the year around und not merely in convention