Page:The Green Bag (1889–1914), Volume 07.pdf/469

Committee will compile papers. These papers, an unsuccessful appeal to the courts without con after being submitted to the General Committee, sidering the possibility of bankruptcy. And yet will then be given to the members of the society; there are those in this country who, having had an experience of the charges of American lawyers, and it is hoped that in the course of a compara tively short time the fruits of these labors will prefer the English system, for here the litigant form a substantial addition to the accessible sources may make some calculation of the prospective of information on comparative law and legis j cost. He knows what will be charged for each visit to his solicitor and, at least approximately, lation. It is a matter for congratulation that from the what fees for settling pleadings, advising on evi outset the committee have undertaken work that dence, retainers for attendance in courts and re will have a practical and not a purely speculative freshers, will be paid to counsel; and when it is value. The Committee on Forms and Methods all over he knows that he may have the satisfac of Legislation, for example, in endeavoring to tion of having an itemized bill of the charges, and procure information as to how laws are enacted if he is not satisfied with it, he may have it taxed. in other countries, what revision bills have before But his experience in America teaches him that they are introduced into the legislative body, I -his lawyer there will make his charge in a lump under what circumstances they may be offered, to! sum, that it will be based upon no fixed rule, that what scrutiny and redrafting they are subject in it will amount to as much as there is a hope of committee, and how they are passed through suc collecting, and that from it there is no appeal. cessive stages until finally they develop into laws. How unsatisfactory this is may be gathered The Committee on Mercantile law will consider from a recent New York lawyer's charge which has the question of the laws of bankruptcy in various occasioned considerable comment here. In 1890 countries, and of bills of exchange and negotiable a firm of merchants in London obtained judgment instruments and a part of the broad question of here in the F-nglish court against a New York partnership. The Committee on Procedure has business man for ^184, or about $894. The de begun with even a still more practical subject, and fendant appeared and defended the suit. Not that is the question of fees and costs in litigious being able to collect the judgment here, the matters. It is proposed to issue to lawyers in English solicitors sent it to a New York firm of various countries a series of questions as to how lawyers. They brought suit on the judgment, fees and costs are arrived at, and to ascertain if collected the money and remitted it, less S1 000, possible, by submitting a hypothetical case, what which they charged for their services to their London clients. Fortunately the proceedings they would amount to in a given suit. It is prob able that no report the Society may make will be were protracted for four years and a half, and the read by lawyers and laymen with so much interest judgment carried with it interest at six per cent upon the sum claimed, otherwise there would as this on fees. The fees and costs here in Eng land appear to many Americans and to all have been nothing to remit. As it is, the unfortu Knglishmen to be excessive. They certainly are nate London plaintiff, after nearly five years' delay, restrictive if not almost prohibitive of litigation, received $1 39.85, while the New York lawyers for no one can contemplate the consequences of pocketed % 1 000! Stuff Gown.