The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-02
LAWYERS SEEK TO
PREVENT LAW SUITS
State Bar Invites Ideas on How
to Stop Unnecessary
Litigation.
COMMITTEE SENDS LETTER

Tho committee NJ the New York state
Bar Association on the prevention OF un
necessary litigation is sending to-day to
Judges lawyers, Interested organizations.
and laymen circular letter replies to
which may aid the committee In a report
to Do presented at the next meeting Of
the association as to what action II any
the association in tho opinion OF the
committee. can properly take to dscour-
age. reduce or prevent unnecessary lti-
CATION.
The committee consists OF Daniel s
Remsen, chairman, 60 Wal street Julien
7. Davies, John Brooks Leavitt, Willis r.
HeatOn and Warwick ]. Herman.
Accompanying the letter OF inquiry is
"A list Of nifty major subjects of litigation.
As suggested by the letter the subject OF
wills seems to be the most fruitful OF
litigation and that OF executors and ad-
mlnis,rators' comes next.
I'm making suggestions" the committee
says. 1T will be well 10 remember that
law, like medicine IN OF two kinds, pro-
only when Il IL constructive and then
only when Il Is so constructive as 10
ohviate all cause for dispute. II becomes
remedial only after a cause for dispute
has actually come into existence.
prevention must be At the source, II
Xed, For example, IL must be- at the
time Of writing a WILL contract or other
instrument or at least before such docu-
ment goes into effect.
Remedy. on the other hand, comes
aftor the fact That IS, after the facts
upon which a dispute can be based have
become fixed For example. II comes
only when u Is too late to make changes
in the will, contract OF other instrument
II is then too late for prevention 1t Ia
the time for cure. Litigation naturally
follows unless tho cause for dispute can
be removed by aome remedial process.
such as an agreement Of settlement be
tween the parties OF some amicable
authoritative decision.
Tn many cases agreement is impossible
after dispute. either on account of the
/ subject matter or because OF conflicting
/ statements Of those having knowledge OF
facts or OF tho unwill!ngness or inca
/ paclty ~ the parties. In such cases
/ however an amlcable authoritative deci-
/ sion is sometimes obtained by means OF
| an arbitration clause In the original con-
/ tract or other document, In the absence
OF such a clause arbitration cannot pro-
coed without "A new agreement.
Tho committee Is DESTROYS NJ makinf
thorough canvass OF tho subject In hand
with a view to obtaining substantial re-
suits II therefore invites the hearty co
operation OF Thoughtful persons and rec
ommends that, as far as practicable. sug
/ gestions for reducing unnecessary Ntiga
, tion 10 minimum be In line with the
/ following questions
"Preventive--IIow cah causes for dis
putes concerning Wills. contracts or othel
subjects Of litigation best he prevented
from coming into existence
"RemediRl--After a dispute concernint
a will contract or other subject Of litiga
., arIs lit
CATION best be obv!ated. reduced or dis
couraged Ca) before, and OBJ, after thu
commencement OF l'igatlon7"
Replies 10 tho letter should be sent q
the chairman Of the committee by De
cembcr l.