The Barre daily times. (Barre, Vt.) 1897-1959, 1915-01-23
1T is LAWYERS DUTY
TO ADJUST CASE
Before Resort to the Courts Is Made
Investigators Admit Some Lawyers
Stir Up Litigation Deliberate
ly and Should Be Held
TO Account for II

Buffalo, N. ", Jan. 23.--What the law
yers might do to discourage, reduce or
prevent unnecessary litigation" was a
subject into which committee Of the
New York Bar association was assigned
TO look year ago, and upon which II
returned an interesting preliminary re-
port at to-day's session Of the bar as
sociation meetings here. The chairman
of the committee, Daniel S. Remsen of
New York, believed that this was the
first. time any bar association had con
sidered the prevention of unnecessary
litigation.
Every member OF the New York State
Bar association was invited TO submit
suggestions, a digest of which was at
tached to the report presented to-day.
The committee, after considering these
suggestions and the views OF other per-
sons interested, reported first on the pre-
vcntion of unnecessary litigation at its
source. The key to this, the committee
said, was confidence and cooperation be-
tween the laity and the legal profession.
The lawyer should be better understood
as constructive force; then "his true
character as an aid TO prosperity will be
appreciated quite as much as are his
remedial powers in case OF adversely"
The committee recommended that the
bar association might properly empha
size thef Importance of clients consult
ing their counsel freely before the facts
upon which dispute could arise became
fixed; encourage the education of the
public to appreciate the Importance and
to demand the preparation of more care
fully prepared wills, contracts and other
writings and encourage lawyers and lay
men to cooperate in the preparation of
the best possible legal documents.
The second part of the report dealt
with a number of interesting phases of
litigation. In the matter of
settlements, the committee reported;
"This association can properly empha-
size the fact that lawyers duty IS
quite as much to settle disputes along
the lines of substantial justices as it is
to try cases and get justice in the for
um."
As to the fermentation of litigation,
the committee reported that "unfortu-
nately some members of the legal pro-
fession stir up litigation bring unfound-
tu atliOHH anu set up ueIeHses WneIe
they know the facts do not warrant them
in so doing" The committee believed
the association could properly make fur
ther efforts to discipline attorneys en-
gagged in such practices. Suggestions in
,luded the adjustment OF costs, the inn |
position of punitive costs, the regula-
tion Of contingent fees, disbarment, or
other discipline.
As TO elevating the bar, the committee
believed the bar association could devise |
ways and means for holding lawyers to /
much stricter accountability for their /
There were those who
we're eommercializing the profession and I
bringing il into disrepute through crit
cism that its members were "conspira-
ors with clients in plot to defeat jus
Ice" 1t was believed the association /
ould properly pass upon the moral 1
tandard OF applicants for admission to
he bar, possibly before they enter the
tudy Of law, and report TO the proper