Year: 1875

WAS sorry fof il. 'e'
DISHONEST LAWYERS.


The Baltimore So. Of tAs issh 1la.,
says:


We have received sever.i co.huni.
anxious to be informed what sten they
should take to obtain redress in cases
where money had been collected or was
retained by trustees or attorneys who
failed or refused to pay it over to the
parties to whom it rightly belonged
From the frequency with which COM
plants are heard of remissness or vio-
lation of duty in this respect by persons
occupying the positions of trust We have
indicated, the subject seems a proper
one for consideration by the press. The
relation Of the legal profession TO the
community at large is a most impor-
tant one. Without dwelling upon the
eminent services rendered in times past
by members of the bar in the cause OF
personal and constitutional liberty, as
we'll as in the vindication of private
rights and interests, it is manifest tha.
the general public have a more direct
and Immediate interest in the preserva-
ton and maintenance of the personal
and private integrity of the legal pro-
fession than perhaps of any other
Legal knowledge, tha. Is; not only a
general understanding of the laws and
of the science of Jurisprudence, but of
the forms and modes of legal proce-
dure, which may be described as the
practical part Of the profession, must
always necessarily be more or less of a
monopoly. There is no way by which
that knowledge can be made universal,
or those who have business in the courts
can be enabled to dispense with the SER
vices Of those whose special business it
is to practice in the courts. The law
itself takes notice of this fact, and the
laws OF every State, therefore, prescribe
who may practice law, and upon what
terms and conditions any one may be
admitted to the privileges of the pro-
fession. The law of Maryland un-
doubtedly authorizes every citizen, if
he so desires, to be "his own lawyer"
but, for the reasons we have suggested,
it is not a privilege that many persons
care to exercise, or having done so once
wish to repeat theexperience. No man
is permitted to act as LAWYER for 9TH
ers unless he has been formally admit
lted to the bar by the courts, as pre-
ecribed by the code. Now, whether it
is that there has been too great laxity
practiced in the admission of persons
to the bar, an evil of very difficult cor
rectionj or too great laxity or leniency
on the part of the courts in dealing with
cases of professional misconduct and
malpractice when brought to their no.
tice we cannot undertake to say; but
certain it is that the profession itself
has greatly lost, and is losing every day
in public estimation, in consequence Of
the unworthy behavior of some of its
unworthy members. But it is not in
behalf of the profession itself or its in
terests that We assume to direct atten-
tion to the subject. 1t is in behalf Of
the unfortunate persons who, compelled
by the very intricacies of the law itself,
which requires for its knowledge a spe-
cial study and training, to place their
affairs in the hand Of counsel, find
themselves too frequently the victims
of those to whom the law and the courts
have given a special license and author
ity, and accredited ito the world as quail
flied to practice the profession It is
true, the same remedy exists as in the
case Of other unfaithfnl agents. But
the agency in the case of the legal pro-
fession is of peculiar character. Not
only is the employment OF counsel in a
sense compulsory upon those who have
business in the courts, but the law gives
to what are called attorneys Of record, ~
and to their acts peculiar power over the
rights and interests of their clients
1t would seem that the law ought also
to give to clients corresponding protec-
tion against any abuse or breach Of trust
on the part of counsel


1t is idle to say that the remedy is to
employ only those members of the pro-
fession whose characters are establish
ed and above reproach, and whose names
and position are guarantee for their
fidelity. Such lawyers usually have as
much TO do as they can attend to, and
to engage their services is seldom with
in the power Of the ignorant and neces-
sitous persons who are most commonly
the victims of an attorneys sharp prac-
tices. Equally idle is it TO tell such
persons to sue the attorney who has de-
frauded them, ani who may be, and Of
ten is, a person Of no pecuniary rcspon-
sibility. The criminal law is only cal
eulated to reach extreme cases, aud un-
less the judges before whom these
"shysters" practice, and who keep the
doors of the profession, can supply a
remedy the evil will GO on. When an
attorney has collected money for q
client, and without just cause fails or
refuses to pay it over he should cease
to be a member of the profession
When trustee appointed BY the court
is guilty of ike violation of duty be
should be made to feel the full power
Of the court to compel obedience to Its
orders BY its own officers and to pun
ish for disobedience. The power to ap.
ply the remedy exists. The people
would hail with pleasure itsapplicAtion.
Sheet nusie-children crying in bed