The Twentieth Century American: Being a Comparative Study of the Peoples of the Two Great Anglo-Saxon NationsRobinson, Harry Perry
History
The Twentieth Century American: Being a Comparative Study of the Peoples of the Two Great Anglo-Saxon Nations
Robinson, Harry Perry
Great Britain -- Civilization; United States -- Civilization
It is not merely that there are no solicitors, as such, in the United
States, for it might well be that the general practising lawyers who
fill their places, so far as their places have to be filled, might be
just as serious an incubus on business as solicitordom is on the
business of London to-day. Names are immaterial. The essential fact is
that the spirit and the conditions which make solicitors a necessity in
England do not exist in America. I do not propose to go into any
comparison in the differences in legal procedure in the two countries;
not being a lawyer, I should undoubtedly make blunders if I did. What is
important is that a man who is accustomed to walking alone does not
think of turning to his legal adviser at every step. Great corporations
and large business concerns have of course their counsel, their
attorneys, and even their "general solicitors." But the ordinary
American engaged in trade or business in a small or moderate way gets
along from year's end to year's end, perhaps for his lifetime, without
legal services. I am speaking only on conjecture when I say that, taking
the country as a whole, outside of the large corporations or among rich
men, over ninety per cent. of the legal documents--leases, agreements,
contracts, articles of partnership, articles of incorporation, bills of
sale, and deeds of transfer--are executed by the individuals concerned
without reference to a lawyer. Probably not less than three fourths of
the actual transactions in the purchase of land, houses, businesses, or
other property are similarly concluded without assistance. "What do we
need of a lawyer?" one man will ask the other and the other will
immediately agree that they need one not at all.
Of course troubles often arise which would have been prevented had the
documents been drawn up by a competent hand. The constitutional
reluctance to go to a lawyer is sometimes carried to lengths that are
absurd. But I do not believe that the amount of litigation which arises
from that cause is in any way comparable to that which is avoided by the
mere fact that legal aid is outside the mental horizon. The men who
conduct most of the affairs of life directly without legal help are most
likely to adjust differences when they arise in the same way. That is a
matter of opinion, however, based only on reasonable analogy, which I
can advance no figures to support; but what is not matter of opinion,
but matter of certainty, is, first, that the general gain in the
rapidity of business movement is incalculable, and, second, that
business as a whole is relieved of the vast burden of solicitors'
charges.
Public-domain text, read in full here on John Shaqi.
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