Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1907-01-18
CHOATE ADDRESSES LAWYERS.
EX-EMBASsADoR SPEAKS SEVER
ELY OF ATTORNEYS WHO
PAY ALL EXPENSES
AND TAKE HALF
THE RESULT.


York state bar association began in
the Albany city hall yesterday. JOS
eph II. Choate. former ambassador OF
the United States to Great Britain,
In delivering the annual address OF
the president of the state bar as
sociation, drew interesting parallels
and contrasts between English and
American legal practice. Among 9TH
er things he denounced contingent
fees, of which he said in part:
The chief cause OF detraction OF our
absolute independence and dIsinter-
estedness as advocates is that fatal
and pernicious change made several
generations age by statute by which
lawyers and client are permitted to
make any agreements they please as
to compensation-so that contingent
fees, contracts for shares and even
contracts to pay all the expenses and
take half the result are permissible
and fear not uncommon. How car
we wonder then If the community
implicate the lawyer who conducts a
cause with the morale OF the cause
and Of the client? If he has bargain
ed for share of the result what
answer can we make. to such criti-
cism? And how can we blame the
community when 1t suspects that
such practices are frequent or com
mon. and even sanctioned by eminent
members of the profession, IL they
confound us all in one indlstinguish-
able, and refuse to accord to any of
us that strictly professional rela-
tion to the cause which the English
barrister enjoys? The individual ad-
vocate can persistently refuse to fol-
low such practices, or to take a con-
tingent fee or a share in the con-
troversy, and am .old-fashioned
enough to wish that every member OF
TIE profession who aspires to leader
ship would take such. a -staRd, and
to believe that IL he did so it would
promote his reputation and success
in true professional distinction.
Mr.. Choate declared that the
amount Of litigation must be less in
England than in New Work, in pro-
portion to its population. otherwise
it would be quite impossible for the
35 judges of the high court and the
lords justices OF the appeal, and the
judicial committee OF the HOUSE of
Lords to dispose of the whole of the
principal business of England with
out any serious accumulation of ar
rears, while In the state of New
York with its 100000 Of people,
we have 81 justices OF the supreme
court, 10 judges of the court OF ap-
peals as at present constituted, and
10 federal judges" In England, Mr..
Choate said, Mitigation for the party,
who unsuccessfully and without mer-
its prosecutes or defends a lawsuit is
a seriously expensive business, for I'm
the exercise of the discretion vested
in them, the judges in the adjust
ment Of costs are inclined to charge
the beaten party with the whole ex-
pense Of the litigation, including the
counsel fees paid by the other side"
Comparing the financial rewards
of the profession in England, and I'm
this country. Mr.. Choate said that
other thigs being equal, they seem
ed about the same. "Since my re-
turn from England" said he, 'T have
heard of fabulous sums received by
lawyers, either as shares agreed up
on, or from great corporations or es-
tates, as rewards for very moderate
services. For the credit of the pro
fession / decline TO believe such
stories, for I'm the long run nothing
Is so damaging to us as a profession
as the spirit OF commercialism-th
Wall-street notion that money IS the
only thing worth striving for, an idea
which when It once gets hold OF a
man units him for true leadership.
. and when II once gets hold OF the
profession is sure TO demorallze IT.