The Devils Lake world. (Devils Lake, N.D.) 1911-1911, 1911-05-05

yer is mere craftsman, bungler with
the tools of the law. He may be a
master of the rules of pleading, evil
dence and practice, and yet if he has
forgottne the true purpose of the law,
he has no business to be in the prac-
tice of the law.
There is a natural tendency for the
law to run to procedure. As their lives
go by many lawyers become less famil
lar with substantive law and more aud
more familiar with procedure. As a
consequence procedure keeps looking
larger and larger to them. They come
to think of procedure for its own sake.
They measure lawyers by their know
ledge Of procedure. They laugh at
those who understand the fundamental
principles, theories, and purpose Of the
law, but who are without skill in the
game Of practice. While they mayN
have right to laugh at the man who
does not understand the fine points of
practice, the latter, if the understand
the fundamental principles of the law,
have a right to look upon the former
with scorn. The lawyer who makes the
rules of law an end instead of means,
the lawyer who does not care for the
right more than for winning, the law
yer who does not act as a servant of
the public instead of selishly for him
self,-is preying upon the public, is
leal parasite. Instead of such lawyers
bgein agents to protect the public, the
public needs protection from them
How shall the law be reformed? II
its principal defect is in its procedure.
leave the substantive law, but wipeout
adjective law so far as possible. This
is i'll line with past legal reforms. The
suggestions of such men as Judge vii
lard and Judge Amidon are pertinent.
But the reform will then only have
been begun.
One can only speculate as to what
will have to be done before the reform
is fully accomplished. 1t may nccessi-
tate placing the entire conduct Of liti-
CATION in the hands of judges, increas-
ing the number of judges, and denying
lawyers the right to appear in court
as advocates for clients 1t NAV neces-
state even the abolition of written
pleadings. It may necessitate the assn.
donment of the rules Of evidence, ex-
cept as the judges may find it desirable
to use them. It may necessitatc the
simplifying of the rules of practice.
What may be necessary, cannot be
prophesied in advances. All that can be
said is that the reform must take place
in these branches of the law. A man 8
winning his lawsuit must depend mora
upon his iaving good ease than upon
his having u good lawyer
Who will work out thes. r,forms7
Not the LAWYERS acti"c:s engaged III
practice, however competent. They
would feel that to abolish procedure
would be the next thing to abolishing
all the law they know. They have
more knowledge Of pleading, evidence,
and practice than of any other law, and
the more skilled they are in pleading,
evidence and practice the less reason
! they can see for reform along these
lines. The responsibility for the com
ing law reforms will have to rest large
ly upon others than the active prac-
| ticioners; upon lawyers not interested
so much in the procedural side Of the
law as in its substantive principles, up
on judges, upon law teachers. and upon
men outside of the legal profession But
we need not fear that the reformers
will not be found if the people demand
/ the reform.
/