202
T/ic Green Bag.
were litigants in such cases, that it was per fectly consistent with the highest honor to take up a speculative action in this sense — viz., that if a solicitor heard of an injury to a client and honestly took pains to inform him self whether there was a bona fide cause of action, it was consistent with the honor of the profession that the solicitor should take up the action. It would be an evil thing if there were no solicitors to take up such cases, because there was in this country no machin ery by which the wrongs of the humbler classes could be vindicated. Law was an expensive luxury, and justice would very often not be done if there were no profes sional men to take up their cases and take the chance of ultimate payment; but this was on the supposition that the solicitor had honestly satisfied himself by careful inquiry that an honest case existed." This may satisfy the conscience of the solicitor, but it will raise an interesting ques tion as to the duty of counsel under the cir
cumstances. Is he, too, to make his com pensation dependent upon success, or is the solicitor to take the whole responsibility and guarantee the payment of the fees he marks upon his advocate's brief? And a still more interesting question was to the effect this opinion of the Lord Chief Justice will have upon this class of actions. At present they constitute only a small part of the volume of litigation, and the damages which are recorded are so small in amount as to make it hardly worth the while of the lawyers to collect them. It is argued here that speculative ac tions for damage for personal injuries have become so numerous in the United States and the verdicts are so large that they are a great detriment to the community, and that the old rule under which up to this time they have been discouraged in this country is a blessing to the general public, even if it may occasionally work hardship to the legal pro fession and an occasional litigant.' STUFF GOWN.
