The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-12-06
LAYS BLAME ON
POOR ATTORNEYS
Reason for Many Reversals
in Appellate Court Found
in Low Training.
MUST HAVE L
QUALIFICATIONS
Justice A. A. Bruce Urges
Thorough Preparation
For Practice.

In urging upon law students not
merely the necessity Of ethical ideals
but of thorough preparation. Justice
A. A. Bruce of. the North Dakota SUI
preme court told the University of
North Dakota law students in an ad-
dress this afternoon that the real rea-
son for h large number of reversals
IN the American appellate courts is
not to be found in an over-ref1ned
duty on the part Of our trial judges.
out rather in the incompetency, lack
Of training and too often, basic dis
honesty Of the. members Of the bar
themselves.
In the latter the public and the
clients are too often themselves to
blame. 1t Is seldom, indeed, that u
lawyer "a be found. no matter how
dishonest and corrupt, who has not
been urged to even greater shortcom-
ings by his importunate clients.
Do Not Take Right View.
Prosecuting attorneys, however, too
often seem to think that the province
rather than to do justice. and to pun
ish crime rather than to prevent It's
commission. They too often merely
look upon a criminal prosecution as
an opportunity by which to make a
personal reputation. Once entered
upon the trial of a lawsuit they feel
thta they must win before the jury
at any cost. The popular audience is
In the trial court room and not in the
supreme court. The newspapers give
columns to the occurrences at the
trial before the jury. They give only
lines to the proceedings in the appel
late court.
Use Trickery Before Court.
The consequence is that both in
criminal and civil cases counsel only
too often ask questions which they
know they have no right to ask, argue
propositions OF law which they know
are not we'll founded, and trick, rather
than aid, the presiding Judge. If there
were more knowledge and honesty on
fewer grounds for appeal. There are
fewer reversals in England than there
are In America and fewer appeals.
chiefly because in England. the pro-
fessional standards are higher and less
commercial and the lawyers are bet
ter trained.
This spirit OF fair play. indeed, is
there everywhere present in the adj
mi%nistration of the criminal law and
everywhere results in the savino Of
time and unnecessary delay. There
is, for instance. but little time wasted
! n the English courts. over the ques-
ton OF the admission in evidence Of
deed. instead Of being illegally sweat
ed" the accused. when arrested, is
warned that anything that he may
say will be used against him. Our
American democracy too has, been so
impetuous in its desire. to push for
an opportunity for the making Of
regulations and the earning of 81 live
lihood that il has paid but little con-
stderation to the real interests of the
public. -:
Needs Unusual Talents.
tribunals" says an eminent, i.
writer, criminal prosecutions are
s snrpeae. III ae an hs s'f'G Great chosen pawe ee; the he
can ordinarily prevent the grand Jury
from finding an Indictment: for he IL
their advisor. and he draws It. And
prosecute 1t. He should. therefore.
possess that element of a great law
yer, integrity. in the highest degree.
In mental habit he should be exact.
and his legal learning should be the
amplest. One thus endowed need
never permit an offender to escape
though the judges hold him strictly
to the old rules. And II the people
confer the Office on an aspirant whose
sole qualification Ia that he can bawl
loud n long at the caucus. they
ought not to complain when criminals
escape through his plumbers or sloth-
fulness. There is no Just ground for
removing by statute any bar which
liberty has put up to protect her chill
dren."
1t is often just as unethical the
judge said to be unprcpared or Inn
properly trained as II is to be dishon-
est. Every lawsuit nc said that ia lost
not because Of its dement's hut be-
mause Of the negligence or Ignorance
Of the counsel in the case tends to
make an anarchist.