New Britain herald., 1930-12-03

the case or he might not want tLe case because of economic pressure. None of these is sufficient excuse for accepting an undesirable case.
 Should Survey Cases
 "A careful appraisal of the case is es"antial before any lawyer takes the case. Such d careful appraisal is necessary if the lawyer wants sue cess in the court. Given a good case and reasonable ability. you are sure of success. A poor case is Lot liable to reach the jury.
 "I have spent hours if not days hearing testimony that has not been worth plugged nickel. The lawyer on shoestring is soon discovered by the judge and the jury and then by the people, and he drops from sight, but the lawyer who is capable honest ard direct dealing will be- conc very well known and soon will have very few cases before :he courts. They will be settled out of court.
 "The islander action with adden- Gum of S1U.O00 is without excuse. The abuse CT process. forcing q ma I to buy peace, is another ineXcusabIe @Ction. The decision in negligence actions is the most difficult. This dulged in by some lawyers. some of whom often have ten cases in TOW 10 get one judgment. This is very poor practice. It jams up the courts and IS very bad form.
 The duties of a defense attorney entitled to his day in court. and you rarely have to refuse to accept a defense case.
 Nine of Ten Cases Settled
 ''I WAS in Middletown few weeks ego and had ten jury cases on the calendar for trial. l called the law yers into my room and we talked the cases over. one by one. and nine were settled out of court and one went to trial Time was saved and there was a better feeling between the litigants. Each believed that he had been better treated than had the case gone 10 the jury. The lawyers in Connecticut fall into two classes. Some like jury trials and others will never take d case to a jury. In my opinion, both are wrong.
 There are certain cases that can not be tried by jury. Certain others should not be tried by jury. Trials that are complications of issues and evidence. are long drawn out the witnesses arc numerous, and the jury cannot remember the evidence. No jury and no judge can remem- ber the facts in their proper rela- ton, and arrive at a proper con- clusion. The judge can read the transcript of evidence, but the jury cannot do this.
 Title cases are bad 10 try before iuries also cases involving expert testimony.
 Certain negligence cases should be tried before a jury. The statu'c of limitations places $10,0UO as the most that can be awarded in a negli- genCe case, yet q man of 30. in the prime of life. is often found to be worth but $I000 alive, according to some jury decisions. l would al ways give the plaintiff more than a jury would, if the liability is plain ly shown. The jury decision is often really a compromise.
 "One of my friends who is q reg ular jury man told me that he all ways voted against the others at first so there could be an argument started and the case discussed betors d final vote is taken. He does that regardless Of the evidence an! charge by the judge"
 New Legislators introduced
 Senator elect William E. Hagearty was introduced by Judge Gaffncy, and he promised 10 present any measure before the state senate next year that the lawyers club de- 
 Representative e-elect Samuel Goo gel was introduced. and lie caused mcrrlmcnt when he promised 10 have the old-age pen sion bill passed right away so that Judge Gaffney might come under it's probably embracing folds. Attorney Max Reicher. q new member of the legal fraternity. was introduced, as was Attorney Algert Politis. referred 10 as the giant of the local bar. Judge elect William F. Mangan was introduced and he spoke very brief ly.
 Al the conclusion of Judge Jcn- ungS' speech, several lawyers askei questions, among them Attorney Ar thur W. Upson, who asked if the judge believed that an attorney should make financial sacrifice in case and settle the case out Of court Judge Jennings replied that d settlement is so much more val uable than a lawsuit that lawyer should charge his client four times as much fee.
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