The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The steadily and rapidly increasing proportion of lawyers to the
population in the United States necessarily tends to a lowering
of their average professional income, and this tendency is not
fully overcome by the increase of the wealth and business of the
country. The principle of the concentration of industry also
works against the great majority of them. Searching titles to
real estate, for instance, was until the last half of the
nineteenth century part of the business of every lawyer. It is
now in the larger cities monopolized by certain firms or
corporations, who own copies or abstracts of the public records,
laboriously prepared, which give them special facilities for
doing the work rapidly and well. So collecting uncontested debts
was formerly the staple of many a lawyer's practice. The general
abolition of imprisonment for debt about the middle of the
nineteenth century rendered the process much more difficult and
the fees less, and of late years great collection agencies,
generally corporations, have sprung up, with an extensive system
of correspondents among members of the bar, by whom most suits of
such a nature are now brought under an agreement to divide their
fees with the central bureau.
Until the last half of the nineteenth century there were probably
no lawyers in this country whose average net income from year to
year was equal to that of the leaders of the English bar. In
1806 there was but one lawyer in New England with an annual
professional income of $10,000: until about 1860 there was none
in Connecticut, and probably not over a hundred in the entire
country.[Footnote: Parton, "Life of Aaron Burr." 153; Great
American Lawyers, III, 55.] In 1827, William Wirt was informed
by Justice Thompson of the Supreme Court of the United States
that "six, eight, and ten thousand dollars is considered great
practice in New York and ten thousand dollars the
_maximum_."[Footnote: Kennedy, "Memoirs of William Wirt,"
II, 209.] Thirty years later the same was true, except that
twenty thousand dollars had then become the highest annual
average, and that but of a very few.[Footnote: Parton, "Life of
Aaron Burr," 153.] Daniel Webster earned from $12,000 to $20,000
when at the height of his career.[Footnote: Harvey,
"Reminiscences of Daniel Webster," 84.]
The Civil War was the occasion of many important business
enterprises, and gave rise to much litigation. It brought also a
great increase of wealth to the North and West, and new and
greater investments of Northern capital in the South. From that
time the business of the leading lawyers in every State became
more remunerative. Incomes of $20,000 and $25,000 were
occasionally earned in the smaller States, and of four or five
times as much in the larger ones.
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