Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-06-06
SNARE AND DELUS|0N
Justice and Not Success Should 30
Ideal Of Lawyer.
BY Geo.-W. Armstrong.

The Administration Of Justice" is
/ misnomer. There is no such thing.
L is snare and q delusion. We
AVE an administration OF the forms
Ind methods Of procedure, OF the
ules Of evidence and Of the techni-
,aflties of the law, an administration
II the law. 1t is more important un-
Ter this system that the rules and
'orms Of procedure be observed than
Justice be attained.
In practically one-half Of the cases
me side or the other does o want
Justice. Their effort Is to obstruct.
ielay or defeat justice. This is leg,t-
mate practice and the rules OF pro
,edure are admirably adapted to that
End.
II 10 the duty Of the lawyer to
serve his client. He Is hired by his
silent to win. and It Is up to him 70
10 It. whether right or wrong. The
lawyer strives for success and not
Justice. Success obtained through
his superior knowledge Of law and
practice. or tact Of management 10
legal justice. When success culmin.
ltes In a judgment Of the court Of
anal resort, 1t Is then sanctiied jus.
tice that must not be questioned. and
\ precedent that must be afterwards
followed.
The lawyer does not want the
truth unless 1t favors 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.
1t is ethical for the lawyer to take
any sort OF case, provided the fee
Is satisfactory. The harder the case.
|. 9, the less justice there is to 1t.
the more fee he charges and the
more service Is expected Of him. The
fault 10 not In the individual lawyer;
1t Is In the nature OF his employment
and the ethics and rules OF practice
Of his profession. ! am not attack
Ing the lawyer as a man. He will
average up In character with other
men, and In intelligence above them.
But l am assailing q lawyer system
and a 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. am
trying to call attention to the funda.
mental cause that have brought the
administration Of justice into dis.
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 to
promote his selfish ends and Is re.
sponsibe to him alone: and so long
as the courts give more attention
TO the t~echnicalities OF practice and
procedure than the Justice OF the
case. II the lawyer Is employed by
tho County or State 10 serve all men
alike and to promote justice among
them, most OF the abuses OF our pres.
ent system. including Its technical
practice. will be corrected.
I suggest that the various coun.
ties. through their commissioner
court. or some other tribunal. license
and employ at the county's expense
ail lawyers Of the county whose duty
II will be to serve every one alike
without compensation; that the
courts be empowered on application
TO appoint lawyers to bring and de-
fond suits and defend criminals, aad
to AZ and tax rs costs an attor ,ey's
fee to be collected by tho county for
the payment OF lawyers salaries:
that lawyers be prohibited undor So
we're penalties from accepting any
sort Of compensation from clients;
and that candidacy for Office shall
ipso facto and forever forfeit the
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 as technical
lawyers and as advocates. but that
IL OF no consequence to justice AMI
10 the public. It 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 the contingent fee; the
railroad lawyer and the delay In the
settlement Of just claims by the rail.
roads. aud the trust adviser seeking
to circumvent the law. There will
bc moro speedy and certain punish.
ment for crime and consequently less
crime and less mob law. There will
be no occasion for Jury arers and
Infinitely less perjury In the trial OF
cases.
This Ia the reign Of the lawyer.