Page:The Green Bag (1889–1914), Volume 23.pdf/354

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E! OVERCROWDING OF THE LEGAL PROFESSION

our present legal procedure cannot be entirely extirpated so long as sordid and selfish considerations constantly inter

T is estimated that there are 16,000

fere, in a large proportion of cases, with

lawyers in New York City alone, and that not more than half of them succeed in making a fair living. A similar situation doubtless prevails in all the large cities of the country. The~ pressure to which the other half that is unable to earn a fair livelihood is subject must give rise to innumerable temp tations, and it is surprising that the ethical standards of the profession are

the profession's practising what it preaches. It is neither feasible nor desirable to limit the size of the profession by legis lative enactment, so it would be a mere waste of time to discuss a remedy which would be efficacious but is not available. It is possible, however, for professional associations to organize more effectively for the suppression of practices injurious to the public weal. If the impecunious

not much lower than they are.

Such a condition of things readily tends to the production of unnecessary litigation, and to the prolongation of suits at the client's expense by resort to chicanery and subterfuge. The abuse of the contingent fee, ambulance-chasing,

and overzealous employment of techni calities, while of course not attributable to any one cause, certainly owe much of

their prominence to the powerful induce ment constantly offered to sacrifice the

higher ideals of the profession to selfish greed. There is much talk about the evils

of the defective administration of justice, and a very important factor in the present situation is too often overlooked. A large part of the profession is con stantly subject to a terrible pressure to sacrifice honor to expediency, and what ever may be accomplished by the numer ous benefioent reforms which are being pressed forward on every hand with admirable determination, the evils of

lawyer who succumbs to temptation is

subjected to the certainty of condign punishment from which there is no pos sible escape, his example will be an object-lesson to others not to imitate him. Fines, suspension or disbarment should follow upon wrongdoing so surely that no one can be in a position to profit by infractions of the code. A certain amount of poverty and hardship in a crowded profession is inevitable, and it would be useless to try to suppress it, but the legal profession

can aim at securing justice to its mem bers, and at the encouragement of those

who prefer to get business honestly and to conduct it by fair and honorable

means. So soon, therefore, as objec tionable practices are promptly visited with the requisite penalties, and evil ambitions are thwarted, the rewards of the profession will be distributed in a more equitable manner and poverty will