FREE BOOKS

Author's List




PREV.   NEXT  
|<   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59  
60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   >>   >|  
but the majority have the sentiments and standards of their class. There is a natural class antagonism between the client and the lawyer. The client is afraid and mistrusts the lawyer; and the lawyer feels that he must act for an unintelligent client who is ignorant and inexpert. So long as the courts continue to exist on their present plan the difference between client and lawyer will be marked. 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
PREV.   NEXT  
|<   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59  
60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   >>   >|  



Top keywords:

lawyer

 

client

 

courts

 

simple

 

making

 

procedure

 

dignified

 

Formerly

 
present
 

afraid


obliged

 

arbitrary

 

ability

 

paternal

 

screaming

 

litigant

 

familiarize

 
stated
 

defense

 

litigants


formal
 

Pandemonium

 

abusing

 

disappearing

 

contingent

 

amount

 

recovered

 

unusual

 

living

 

appearing


attorneys

 

charge

 

dignity

 
examples
 

efficiency

 
clients
 

increased

 

technical

 

ceased

 

interrupt


change

 
development
 
return
 
formalism
 

reactionary

 

justice

 
unlearned
 

planned

 

originally

 

antagonism