Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
Of course, during this period there were many lawyers who made a
notable success by conducting cases against corporations. These
accident lawyers were, however, no more popular than their opponents,
even with the workingmen whom they represented. The small means of
their clients made any remuneration from them improbable unless damages
were recovered. Consequently, the lawyer agreed to take nothing if
defeated, but to even matters up insisted on a large fraction of the
amount awarded, usually one-third or even more, if he won. Therefore,
he fought not merely for justice and his client, but for his own fee,
and the temptation to win by every possible means was great. Business
men were quick to label him unscrupulous, while workingmen resented it
when a large slice of the money which the jury gave to them as a just
measure for suffering a lifelong disability vanished into some lawyer’s
pockets.
No satisfactory substitute for the contingent fee was suggested, but
the prejudice created by the system and by the dislike of corporation
lawyers was too great to be dispelled by the many members of the bar
whose practice lay in neither of these two fields. And indeed, the
profession as a whole cannot free itself from blame for some very
definite evils, soon to be discussed. Unfortunately, the long-standing
antagonism between lawyers and laymen has distracted the thoughts
of both sides from wrongs which ought to be and can be cured, and
turned them to never-ending disputes on problems of relatively small
importance. For instance, almost any layman will open a discussion of
the function of the lawyer by condemning the profession because it
defends criminals who are known to be guilty. The solution of this
problem is not easy, but it is not worth a hundredth of the attention
it receives, for it hardly ever arises. The criminal law is a small
part of the whole law, and lawyers who have spent their whole lives in
that field have declared that they were not certain of the guilt of a
single client. A far more important problem is whether a lawyer should
advocate the passage of legislation which he personally considers
vicious. Indeed, the underlying question, to which lawyers and laymen
ought to be devoting themselves, is this. How far can the State
ascertain the proper course of action by limiting itself to hearing
paid representatives of the persons directly interested, financially
or otherwise; or should the State also call in and pay trained men to
investigate the question independently? The solution of this question
will affect not only lawyers, but other professions as well. Medical
experts, for instance, might cease to be hired by millionaires to prove
them insane, or by the prosecuting attorney with the opposite purpose,
but might be employed by the court to make an impartial inquiry into
the mental condition of a prisoner. In short, it may be that we have
carried the notion of litigation as a contest of wits between two
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