72
The Green Bag
means follows that it would be necessary for us to adopt that system as a whole with all its ancient rules and restrictions, and in some respects, as it seems to us, absurd etiquette. Much of that would probably not be agreeable, nor even tolerable, to an American lawyer. Neither would be it necessary to have the new system apply to lawyers who are already at the bar. Such reforms as this can never be accomplished suddenly or abruptly. The rule making it compulsory to en roll in one class or the other could be made applicable only to those entering the profession hereafter, leaving each man already at the bar at liberty to re tain all his present privileges until such time, if ever, as he might elect to enroll in one class or the other. I am persuaded that to this measure must we come at last, if the bar of this country as a whole is ever to have again the reputation for efficiency as an agency in the administration of justice which once it had. And there is yet another aspect of this matter which is perhaps equally impor tant from some points of view. Owing to the enormously increased extent to which the business of the coun try is now conducted by corporations and the vast number and wealth of those corporations, as compared with fifty years ago, it constantly happens that the ablest and best men of the profession are employed by the large corporations as their general attorneys or counsel, frequently on a salaried basis. In the course of time a lawyer thus employed becomes so associated in the public mind with that corporation client as to be looked upon as practically a part of it. In fact, these lawyers — and it must be borne in mind that in the nature of things they are frequently the best lawyers in each state or locality —
become indentified in the minds of the people with the special interests of their corporation clients. They are looked upon as representatives of these special private interests as distinguished from public interests. They are not looked upon as were the lawyers of fifty years ago, as men whose eminent talents are at the service of any or every citizen who may desire to employ them in the protection or enforcement of his rights. No matter how high the character or exalted may be the talents of lawyers of this class, of them it can no longer be truthfully said as a general rule, in the words of De Tocqueville, already quoted, that "The people do not dis trust them, because it is well known that they are interested in serving the popu lar cause," nor that "The people listens to them without irritation because it does not attribute to them any sinister designs." Unfortunately, as we know too well, in these days the exact contrary is too often the fact. The consequence of all this is that a large part of the very flower of the Amer ican bar — great numbers of the very men who by reason of their talents and character would be best qualified to pre serve and maintain in the minds of the people the ancient credit and prestige of the profession in the country at large— are to all intents and purposes with drawn from that great service into the shadow of the great private interests of which, in the public view at any rate, they have become a part. No profession could suffer the eclipse, total or partial, of such lights as these without some dimming of its lustre. We, as lawyers, know that as a matter of fact a lawyer of the right sort may be the general counsel or attorney for the greatest corporation client all his professional life without surrendering
