Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-01-23
HOW THE LAWYERS MIGHT
REDUCE OR PREVENT MUCH Of
the UNNECESSARY LEGISLATION

Buffalo. n. Y, Jan. 23.-What the law
yers might do to discourage, reduce or
prevent unnecessary litigation" was a
subject into which a committee of the
Now York Bar Association was assigned
to look year ago, and upon which it re-
turned an Interesting preliminary re-
port at tonight's session of the Bar
association meetings here. Thechair
man 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 tonight.
The committee, after considering these
suggestions and the views of other per-
sons interested, reported first on the pre-
vention 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 a 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 the Importance of clients consulting
their counsel freely before the facts upon
which a dispute could arise became
public to appreciate the Importance and
m md he of
fully prepared wills, contracts and other
writings; and encourage lawyers and
laymen 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
unnecessary litigation. In the matter
of settlements, the committee reported:
This association can properly en-
phasiZe the fact that a lawyers duty is
quite as much to sotle disputes along
the lines of substantial justice as it is to
try cases and get justice in the forum
AS to the fermentation of litigation, the
committee reported that unfortunately
some members of the legal profession
stir up litigation, bring unfounded az
tons and set up defenses where they
know the facts do not warrant them in
so doing" The committee believed the
association could properly make further
efforts to discipline attorneys engaged in
such practices. Suggestions included the
adjustment Of costs. the imposition of
punitiver costs. the regulation of contin-
gent fees, disbarment, or other disci-
pline.
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
shortcomings. There were those who
were concentrating the profession and
bringing it into disrepute through criti-
cism that it's members were "conspira-
tors with clients in plot to defeat JUS
tice." 1t was believed the association
could properly pass upon the moral
standard of applicants for admission to
the bar. possibly before they enter the
study Of law, and report to the proper
authorities"
1t was added, This association can
properly emphasize the vital importance
on the part of lawyers to write plain,
lucid English and higher standards
should be required in this respect
AS to strengthening the bench, the
committee reported that the judiciary
in New York state was a much over
worked body Of men-"so driven with the
multiplicity Of questions raised that the
trial judges are unable to give each par
ticular case the time, skill and atten-
ton 1t deserves" The result was dis
satisfaction which led to appeals. While
the bar took its share Of blame for
framing loose, uncertain and unneces-
sary issues, and clogging the court with
useless evidence and procedure, 1T is
true that If the bench can be strength
ened." said the committee. much OF
the present litigation at the trial and on
appeal will disappear"