Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
Disrespect for law has been aggravated by the changing function of
the lawyer since the Civil War. In the forties and fifties, he stood
out as a leader in his community, lifted by education above the mass
of citizens, often before the public gaze in the court-room and
chosen because of his forensic eloquence to deliver many of those set
orations which Americans constantly demand, brought forward by the
litigation of those days as the avenger of crime, the defender of
those unjustly imprisoned, the liberator of the escaping slave, or
upholding some great public right on behalf of his city or State--the
construction of a toll-free bridge across the Charles, the maintenance
of the charter of Dartmouth College. After 1870, this pre-eminence was
challenged by the new captains of industry, and their appearance was
accompanied by an alteration in the work of many an able lawyer, which
soon obscured him to the popular imagination. The formation of large
businesses required more and more the skill which he possessed. Rewards
for drafting and consultation became greater than for litigation,
which was growing tedious and costly, so that his clients avoided it
whenever possible. Consequently, he changed from an advocate into a
“client care-taker,” seldom visible to the people and often associated
in their minds with the powerful and detested corporations which he
represented. Much of the prejudice against “corporation lawyers”
was unjust, and the business development of to-day would have been
impossible without the skill in organization and reorganization of
great enterprises which they displayed during the last half century.
However, popular opinion of a class is inevitably based, not on all
its members, but on a conspicuous few, and the kind of legal career
described in Winston Churchill’s “Far Country” was common enough to
furnish data for damaging generalizations. In any case, the decline in
the public influence of the bar was inevitable, especially as certain
businesses retained the exclusive legal services of a staff of men, so
that it could be said: “Lawyers used to have clients; now, clients have
lawyers.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account