New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-01-24
Morgan J. O'Brien Tells
Bar Association of Con
stitutional Needs.
FROWNS. TOO, ON
RUSHING TO COURT
Committee Advocates Prevent.
ing Unnecessary Litigation
Convention Ends.

,.,uto7s. and the election Of officers
o,-e the principal features Of the
Easing dav Of the thirty eighth annual
,~se.rc Of the New York State Bar
Association here today.
~ ORrien's proposals included re-
t,--, in me matter Of the laws delay,
-,forr ln the procedure and admins
....,cn o. ne courts, the creation OF
80 criminal court Of appeals, the
;stpre Of ;Fe surrogates' courts and
,te effort 20 unity the judicial system
throughout she state.
O-per suggestions made by civic
Ice which Mr.. O'Brien said should
-,.sive consideration by the Constitu-
.orsl Convention were; The ADOPTION
~ +~e short ballot. which would pro
lido For che election Of only the Gov
,-,or and Lieutenant Governor, lesv-
,-r .te other state officers 20 be sp-
..e-.e5 hv the Governor, with or with
~. .he consent Of the Senate; the
,:,.;.s..o- Of the pardoning power now
.,essed by the Governor and It's
t-,.ss.r,o0, in q board or court OF par
~. The imposition Of further hmi-
..,o-s o. the Legislature on rs
.Sr.rol Of local government, especially
80. and counties. and the provisions
s.vor,rr an annual budget and giving
.-.o.e~ security and durability 20
Vorsmers compensation.
Meet in Albany in March.
A. -le close Of the morning session
.-sso--.9n was adopted providing Tor
g. adjourned meeting 10 he held 81 A
., --r.rc the last week IN Msrcn
=
r-orosar. 10 be laid before the coming
t,-s.,.,.,oral Convention. Edgar VI
Crro- former chief justice OF the
Cor-r o. Appeals. is chairman OF TINS
committee.
-...ee on unnecessary litigation IN
r,r' WIS IS follows:
After careful study Of the sub
;er. and the suggestions received. your
committee reports that n its opinion
,ts association can properly direct IT'S
sro~.s % -he prevention 81 unneces-
s,rt litigation a. The source and %
.Es bcterment Of remedial measures
-Trc key 70 the prevention OF large
r.-- - unnecessary litigation lies IN
tte confidence and cooperation be-
,ueer Tho 'aity and the legal profess
sion Tie uoint az which unnecessary
litigation can he the most easily IN
v.-ed and also the most efectually
prevented e ~ the source. ln3t IS
before Tho facts upon which a dispute
can be based become fixed. A. that
tine The LAWYER can do his best pre-
ve--ir4 work. He has an opportunity
TO go advise as 20 keep his client out
OF difficulty or 20 50 prepare written
instrument as TO obviate cause for d. IS
putc.
How to Write Contracts.
"lr order 10 obtain the best results
e. ,he preparation OF contracts and
other writings between living persons
-FOUR th.rCs are required. viz:
o. That the craftsman shall know
the JAS relating 20 the instrument be
fore 1c attempts 20 draw Il.
That he shall be able 10 foresee
aU possible pertinent contingencies
that nay arise in the future and be
able % devise ways and means OF meet
ING these contingencies 10 the sarlSlac-
ton Of his client and OF the law
.3 That he shall be able 10 write
the English language so as to convey
rs exact meaning beyond the posi-
b1ty Of doubt. whatever combination
O. circumstances may subsequently
arise. 81,
= That before the instrument snail
take effect every word and phrase snail
be subjected 70 the scrutiny and crit
esm OF an equally competent LAWYER
On the other side in behalf OF each ad-
verse interest.
The betterment Of remedial meas
Ures involves tho consideration OF set
dement's. fermentation Of litigation
leystrg the bar. strengthening the
tsnch and simplifying procedure.
The point a. which a lawyer can
serve his client most efectually IN the
prevention o. litigation is usually al
the source The next most enectuai
point is no the early stages Of Gls-
pute When. however. a dispute mas
FULLY developed. there are only three
ways out ID q settlement. - an
arbitration by agreement OF the parties
or 81 litigation.
Settlement of Disputes.
an the opinion Of your committee
"a This association can properly
emphasize the fact that lawyer
duty is quite as much TO settle dis-
putes along the line Of substantial Jus
tee as 70 is 20 try cases and get JUS
tce in the forum.
".bl This association. as furthei
means % encouraging settlements car,
properly cons der the advlsapl'lt! %
extending examinations before 'nai'
unfortunately. some members OF
he legal profession stir up ltiga-
ton. bring unfounded actions ana SCI
up defences where they know the lac!
do no, warrant them in so dong. ms
committee is Of the opinion that thls
association can properly make furthei
efforts 20 prevent such practices anu
where necessary, take suitable actoN
70 discipline attorneys engaged thereih
"Ihe following remedies have peer
suggested and can properly receive ~, Ine
attention Of this association; ny
adjustment OF costs. the imposition OF
punitive costs. the requiring OF th'
plaintiff 20 pay a substanla zee ioi
summons and 20 give security loi
costs; the authorization OF the cou,
70 impose costs against the pla!ntin
attorneys: the Strengthening OF ia"s
against champerty, maintenance am
like practices: the regulation OF con
tngent fees; the disbarment or o'he'
discipline Of attorneys.
"Your committee is OF the o1lhloI
that this association can properly ue
wise ways and means for holding ia Jaw.
ysrs 20 much stricter accouh'HDIl :,
for their shortcomings than mas pee
cone ia the past: that this aSsoCla VI.
either directly or through local pa
associations. can properly lhNe----...