Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-06-17
/ SNARE AND DELUS|0N
Justice and Not Success Should De
Ideal Of Lawyer.


- y bubIo buQ uoiupiOus W.
ave an administration Of the forms
ind methods Of procedure, Of the
Jules Of evidence and Of the techni.
'aflties Of the law. an administration
u the law. II is more important un.
Ter this system that the rules and
orms Of procedure bs observed than
Justice be attained.
In practically one-half OF the cases
me side or the other does not want
Justice. Their effort 10 to obstruct,
ielay or defeat justice. This is leglt.
mate practice and the rules Of pro
,edure are admirably adapted to that
md.
1t II the duty OF the lawyer to
serve his client. He Is hired by his
client to win, and II is up to him 10
10 1t, whether right or wrong. The
lawyer strives for success and not
Justice. Success obtained through
us superior knowledge Of law and
practice, or TACT Of management Il
legal justice. When success culmin.
ltes In judgment Of the court Of
nnal resort, It is then sanctifed jus.
lice that must not be questioned. and
precedent that must DO afterwards
followed.
The lawyer does not want the
truth unless It favofs his side Of the
case. He seeks to suppress or dis.
tort all truth unfavorable to his client
By invoking the rules Of evidence. by
brow.beating witnesses, by playing
on the prejudices and emotions Of
the jurors.
II Is ethical for the lawyer to take
any sort Of case. provided the fee
Is satisfactory. The harder the case.
|. o., the less justice there is to II.
the more fec he charges and the
more service is expected Of him. The
fault Is not in the individual lawyer;
It 10 In the nature Of his employment
and the ethics and rules OF practice
Of his profession. I am not attack
suB thu ioWyci 40 man. IIo villa
average up in character with other
men. and in intelligence above them.
But am assailing q lawyer system
end judicial system that has proven
Itself inadequate to meet modern con.
ditions, that contains by reason Of
Its reverence for precedent much
ancient and precivilization law, and
that has grown so cumbersome. ex.
pensive and technical as to defeat
The very end for which II was organ.
lied and Is being maintained. I am
trying to call attention to the funda.
mental causes that have brought the
administration Of justice into die.
repute; that cause men to suffer in.
justice. rather than submit to the
arbitrament Of the courts and that
provoke mob law. in order that the
remedy may be more clearly seen.
Nothing short OF the removal Of
the causes will effect q reform OF
any value. There will be no ma.
terial Improvement so long as the
lawyer is employed by the client 10
promote his selfish ends and 10 re-
sponsibe to him alone: and so long
as the courts give more attention
to the technicalities OF practice and
procedure than the justice Of the
case. II the lawyer 10 employed BY
the County or State TO serve all men
alike and to promote justice among
them. most OF the abuses OF our Pros.
'nt system. including It's technical
practice. will be corrected.
I suggest that the various coun.
ties. through their commissioners
court. or some other tribunal. license
and employ at the countys expense
all lawyers Of the county whose duty
Il will be to serve every one alike
without compensation: that tho
courts be empowered on application
TO appoint lawyers to bring and de.
fend suits and defend criminals. aad
TO hx and tax as costs an attor ,ey's
fee to be collected by The count, for
the payment OF lawyers salaries:
that lawyers be prohibited undcr so.
we're penalties from accepting any
sort OF compensation from clients:
and that candidacy for Office shall
ipso facto and forever forfeit tho
license TO practice. Make the oath
OF Office and the professional ideal OF
the lawyer. justice for his client and
not success.
Perhaps this remedy may lower
the standard OF lawyers rs technical
lawyers and rs advocates. but that
Ia Of no consequence to justice .anj
70 the public. I, will improve tho
ethics OF bis profession. for he will
then be a public Official. charged
with the duty OF promoting justice.
Il will eliminate the ambulance
chaser and tho contingent foe: tho
railroad lawyer and the delay In tho
settlement Of just claims by the rail.
roads, aud the trust adviser seeking
TO circumvcnt the law. There will
be more speedy and certain punish.
ment for crime and consequently less
crime and less mob law. There will
be no occasion for jury hxers and
Infinitely less perjury In the trial OF
cases.
This Is the reisn Of the lawyer
We are lawyer.rIdden people. AZ
legisla,or. he makes the laws: as