Courts -- United States; Trial practice -- United States
An example of a return to formalism and a reactionary development has
been the change in what is known as the Poor Man's Court of New York
City. It was originally planned as a court where the client or man
unlearned in the law could come in to sue in a simple way. They were
simple justice courts. The limit for which he could sue was $100, then
$250, then $500, now $1000. Formerly the judges need not be lawyers. A
trial was an informal affair. The judge would line up both the parties
at the rail. One side would tell their story, the other side would
interrupt and finally get a chance to tell theirs. The judge would
figuratively pat them on the head, decide the case, and tell them to
go home and be good.
The New York Legislature recently passed a law making the court a
court of record, and making all the provisions of the Code of Civil
Procedure applicable. The code with its half million words is
therefore a part of the procedure. So that the client now before he
goes into court without a lawyer ought to familiarize himself with the
code. Formerly these courts may not have been dignified. Pandemonium
would break loose and the litigants begin screaming at and abusing
each other. Often the judge was obliged to apply a somewhat arbitrary
and paternal rule. Now the courts are more dignified and formal, but
the clients are disappearing from view. They are in fact afraid to
come into court without a lawyer.
While the dignity and efficiency of the court have been increased, it
has almost ceased to be a court for the poor man; indeed the procedure
is so technical that, although possible, it is rather unusual for a
man to come without a lawyer. Of course, the attorneys who make their
living by appearing in small suits where the fee is often a contingent
part of the small amount recovered, or a fixed charge of $5 or less
for trying a case, do not present examples of the best legal ability.
The point of view of the client is that he is loath to spend the money
to hire a lawyer for defense. One litigant stated in court, when asked
if he had not admitted the debt: "Well," he said, "I just went around
to see the plaintiff to find out if I could not save a few dollars
instead of hiring a lawyer." It is an open question which brand is
the best for the client, the rough and ready justice or the formal
and orderly kind.
While the jury are being examined and during the opening of the
counsel, the client sits quietly, but a trifle self-consciously, at
the counsels' table. The talk is about him and frequent references are
made to him and what he has been doing. He tries to look as though he
did not care and was accustomed to the surroundings, and when the
taking of testimony and the wrangles over objections and motions
begin, he falls quietly into the background.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account