The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-12-24
Closing In on the LAWYER

The future looks dark for the budding lawyer
Crimnologists predict the ultimate disappearance OIL
criminal practice They tell us that experts will take
the arrested man the police and have full charge
of him until he is treated reformed, and released.
The lawyer will have more part in this process
than he has today in handling Of insanity cases
where the question of crimnality is not involved.
From the other side, lay corporations, especially
trust companies are steadily cutting in the practice
of civil law This is particularly true with regard to
wills YET an greater army OF noVltates is pelng
ground out of law schools.
The growing conflict between the lawyer and the
trust companies over wills and estates is discussed
fairly by a professor of law, Henry A. Shinn, in an
article on 1.-THE Bar and the Bank" in the North
American Review
The road is not wholly clear for the intrusion of
the lay corporation into the law practice. An Idaho
court 1880 held that the drafting of wills and trust
agreements constitute the practice Of law. If done
by lay corporation, such action constitutes con-
tempt of court.
The courts in few other states have held similar
w. But there is far more support for the Georgia
decision Of this year 10 the effect that corporation
"may prepare any and all papers in connection with
conveyances of real personal property that it may
be requested to prepare by customer.
Though himself lawyer, Professor Shinn frankly
comedies the advantages possessed by a trust COM
pany in administration Of an estate:
"A trust company occupies q unique position. In
its close association with the commercial department
of the bank, it stands at the gate where the COM
merce of the world must pass ready to give aid to
those who need services.
There are no barriers before its doors, such as
the austerty of lawyers Office the fear that each
word of advice may be accompanied by fee.
1T never dies, goes abroad, retires. or becomes in
capacitated, but ever is ready at any moment to
assume the duties Of the executor or trustee.
Its investments are guarded by state laws,
scrutinized by state examiners, and protected by
bonds held by the state Men who have seen the
savings of others lost through the bad faith poor
management of relatives friends, devisees hail the
trust company a guardian angel to protect their
families from similar fate"
1t is not astonishing that the number of persons
who have designated bank and trust companies to
act executors trustees of their estates increased
from $4,000 in 1927 to more than $4,000 in 1929
Further this practice is becoming increasingly popular
with of very large estates. In 1929 banks
trust companies were appointed to administer
than thousand estates valued at than million
dollars each.
Professor Shnn is not hoored by this development
He argues that this increase of the business of trust
companies will not be total loss to the bar 1t
encourages the making of wills. If the trust company
acts as executor it should not act as attorney as well
This would be as bad as the present practice where
a lawyer often acts as both attorney and executor
Neither the trust company nor the lawyer can be
wholly impartial when acting as both attorney and
executor.
BY encouraging the making Of wills, the trust
company gets business for itself in administering
estates and for lawyers who act attorneys to draw
and probate Wills Efficiency and honesty, then, will
result in advantages to both.
Professor Shinn concludes on a sensible note. The
bar will benefit by undermining itself than by
protesting against the inevitable course of business
progress
IF any great barrister OF two centuries ago were
to awaken in a modern courtroom, he could address
the judge and proceed with the trial Could Rip
Van Wrinkle in any other profession business do as
wel2 Lethargy, not encroachment is the bars prob
lem; reform, not opposition its solution"