The New York herald., 1922-05-21

tration Society of America to substi-
tute arbitration for prolonged litiga
ton are favored by many lawyers.
1t is a popular fallacy that lawyers
make most of their money trying cases
in court. The biggest fees come from
successful negotiations, not from trial
work. Several statutes have been
passed in New York and other States
giving the decisions of arbitrators the
force of DEGREES of the court. But
every few weeks there is a case
where one party having agreed to the
arbitration seeks to avoid the result
of it,
Voluntary arbitration has existed
for centuries. Statutory arbitration is
sanctioned by the courts. Arbitration
is encouraged and provided for by
commercial and mercantile trade or
CARNATIONS. Many contracts now pro-
vide for arbitration in case Of differ
ence.
Notwithstanding this. the volume of
litigation was never greater. There
are at least 100, 900 actions and special
proceedings of various kinds now
pending in the courts of New York
city, including the Federal courts and
not including any Of the criminal
cases In the Supreme Court In New
York county alone there were 2l,3S0
cabes pending in the trial parts on
January /. Brooklyn, The Bronx,
Queens and Richmond counties have
10000 cases pending. This does not
include special terms but only the or
binary contract and tort calendars.
The municipal courts have pending
more than, $4,000 actions and pro-
ceedings. including the landlord and
tenant cases. There are hundreds OF
bankruptcy proceedings in the Fed
eral courts, besides the Admiralty and
patent litigation and the ordinary con-
tract and tort cases brought before
the Federal Judges.
why IL Is Better to Settle
There is nothing In the statute to
prevent these litigants getting to-
gether and settling their differences
now by agreement or compromise.
whether the agreement or compromise
is brought out by concessions or by
arbitration or by tossing coin the
disputed matters could be disposed OF
IL both parties were willing.
There is nothing to compel parties
to go to a civil court except such mat
ters as probating a will and there is
no renuirement that the will should be
litigated.
From every point of view except
that of one of the litigants II is better
to settle. II is more profitable to
the lawyer TO settle nine cases out OF
ten. Every lawyer would rather set
tie a case. get his fees promptly ana
have the matter disposed Of than to
have it drag along in court year sftef
year. ,,.
of course there are instances Ike
the Emo will case. the Stillman divorce
suit and the Gould estate where the
amount OF money involved Is so large
that there Is an ample fund 10 ara"
upon for trials. motions and appeals
such cases from the lawyers point OF
view II may be more profitable 20 con-
tinuo as iOnE ds Aitt h'''fA '"~ E
and the fees arc paid promptly.
But cases OF this size ana proini-
nence are not one i'm a thousand. OF.
binary law suits involve few hundred
or a few thousand dollars. one of the
parties is certain 20 be defeated II the
matter is carried 10 the end. The de-
feated man begrudges every dollar he
paws his lawyer and the lawyer may
have 10 sue for his fee. The success
ful litiRant would be willing 90 pay
about the same amount TO set the
same result and would be a great deal
more pleased ~ Il could be done
promptly than after years Of trials.
motions and appeals.
Lawyers and Piasterers.
Ordinary trials are not profitable
either TO the lawyer or 20 the client.
In the Supreme Court II Is not nn-
usual for a lawyer 10 have 10 attend
ten or ffteentimes with his witnesses
and clients. a case may be on tho day
calendar for weeks. IL may be called
for trial any day The lawyer must
be ready and have his witnesses ready.
He or his clerk must be present al
every calendar call. His client must
be within constant reach. This may
go on every day for weeks.
The fact that case may be tried In