The Birmingham age-herald., 1912-07-14

stand bar examination. but it was post poned indefinitely. Several argued that holders of certificates from larger univer- sites should be permitted to practice without being forced to stand an examina- ton.
 The report Of the committee upon eer- tain unethical and Improper practices in Jefferson county is as follows:
 Your committee begs leave to submit the following as the result of diligent in- quiry on it's part into conditions existing. or said to exist. in Jefferson county, and believes same to be a faithful and in- partial report of the evidence or state ments adduced from the examination of many practicing attorneys at the Bar of Jefferson county during the several sittings of the committee:
 Bankruptcy Cases
 "The soliciting of mercantile claims and the allied practice in the court of bankruptcy have proven demoralizing. Usually the attorneys fees for represent ing the trustee is the greatest profession- al charge imposed upon the estate and serves as prize for controlling the cleo ton, by the creditors, of the trustee. This has led, in at least the majority of cases, to sharp competition among at torneys for the control of the appoint ment of the trustee and to a solicitation, directly or indirectly, of representation of the claims of unsecured creditors. While this practice Is undoubtedly ob- jectionable, the worst feature of it lies in the fact which often arises that the attorney representing the trustee while he represents the creditors also, occupies antasonistic and hostile positions
 The opportunity for vicious practice. however, in bankruptcy cases appears limited and is against a class best able to protect themselves-the creditors.
 Criminal Cases
 Improper practices in criminal cases are largely confined to lawyers who represent defendants in misdemeanors or in minor causes. It has been stated before us that some lawyers in this branch of the practice utilize certain deputy sheriffs and wardens to obtain employment.
 Briefly stated, 1t appears to the commit tee that there is much to be done to i'm prove and purify the practice in the crim- ina courts
 Personal Injury Cases
 It was understood that the chief scope of our investigation is to cover the dam age suit practice. Indeed. there is no question, in the Judgment of the commit tee. but that personal injury cases con- stitute by far the most important and prolific source of improper professional conduct in Jefferson county.
 Tn Investigating this subject we in vited full information from leading prac- titioners, both for and against corpora tions operating in this territory. The antl- corporation lawyer readily responded with out hesitation and gave us much inform ation. answering all questions fully and frankly. We regret that we were given neither information nor assistance by those representing the largest corpora tions in the Birmingham district Sev- eral stated in response to our request either that whatever information they possessed on the subject was heresay. or that appearance before the committee might be msconstrued. The committee does not affirm, but, under these cir cumstances it would at least appear that the existing conditions are not altogether unsatisfactory to the larger corporations Nevertheless, the committee thinks that 1t is fully apprised of the conditions as they exist from the data and evidence submitted to it.
 The result of the investigations of the committee clearly demonstrates the in- tolerable and demoralizing conditions which exist on both sides of this practice and which. if permitted to continue un- checked. will crush out all ideals of the profession.
 The following are some of the surpris- ing and altogether unwholesome state ments brought out during this investiga- tion by the committees
 '"rhat everything in Birmingham is done on trade. Everybody wants a 'rake-off. The legal business is like all the others and is not an exception to the general rule Even an elevator boy who brought case to young lawyer, who had moi yet sacrificed his ideals to the commer- cialism of the day, called soon after and asked for pay-his 'rake-off such as he had received under similar circumstances from some other lawyers.
 That it is utterly impossible for 2 young man to get damage suits with. out soliciting them or paying a runner to turn them over to him on some brok. craze percentage. That both runner and claim agents use the negro preacher the one to obtain the client and the other for the purpose of settling the case
 That many of the best damage suit cases are obtained through agencies maintained in Birmingham and are sen; to prominent damage suit firms In Geor- gia in those instances where the corpor- alton can be sued in Georgia: that the reason for this Is that in Georgia the juries return larger verdcts and the judgments of the trial courts are general ly affirmed by the Geoteia supreme court which, it is claimed, is less technical than the Alabama supreme court. It is also stated that Georgia lawyers at one