Page:The Green Bag (1889–1914), Volume 17.pdf/297

 THE GREEN BAG First. — Very much of the difficulty ex of men, specially trained along certain lines perienced in the trial of causes, by which for special work, will do that work much the time of the court is unnecessarily con better and more quickly than it can be sumed, and litigants put to great trouble done by men who are not specialists in and expense, arises from the fact that there that line. is no division of labor between the solicitor Sooner or later in the interest of the and the barrister. In England the barris clients, and to save the time and patience ters are a trained body of men whose busi of the courts, there must be in this country ness it is to try causes. The number is a natural division between the labor of the small, as compared with the number of solicitor and the duty of the barrister, not solicitors, or the number of lawyers attempt artificial or conventional, but one which ing to try causes in our tribunals. shall grow up from the nature of the case, In this country nearly every student by which certain men who are best quali admitted to the bar is under the impression fied for the trial of causes will carry on that that there is in him the more than possi work to the practical exclusion of those bility of a great trial lawyer. Having read without special adaptability for that class accounts of brilliant cross-examinations, and of business. In this, as in every other di successful addresses to juries, he has in rection, the specialist must find his place. Second. — The statement of Judge Ingramind that he is entirely competent, at the outset, to try the most complicated and ham before the commission on the law's difficult cause. Unfortunately as to many delays, to the effect that the practice, who are not qualified for that work, it is under the present New York code, is largely only after very many years, and after con responsible for the delay and difficulty in siderable experience at the expense of liti the despatch of business by the courts, gants and the public, if at all, that they commends itself as thoroughly sound and ascertain that they have not the peculiar practical, and is to a lesser degree appli aptitude necessary to the successful trial cable to the condition of affairs in other lawyer. In the meantime not only have jurisdictions. The infinite amount of detail clients suffered, but the business of the which has been injected into the present courts has been retarded to a very serious code procedure, is a source of embarrassment extent, by the lack of adaptability on the both in matters leading up to the trial, and part of the practitioner, as well as by lack upon the trial. Especially is it difficult to of experience, since it is impossible that obtain the deposition of a party or witness, every man admitted to the Bar shall have or the discovery and inspection of a docu the opportunity to try a sufficient number ment. The theory of the code seems to be of causes to give him the degree of experi that each party should be kept in ignorance, ence requisite in order to obtain the best so far as possible, of the claim made by results. the other, and applications of the char On the other hand, in England, the bar acter suggested are hedged about with so rister, whose specialty is the trial of causes, many technicalities, that parties must fre and .who is engaged in that work substan quently go to trial without opportunity tially to the exclusion of everything else, for adequate preparation, and are only able must necessarily obtain a facility which can to first ascertain the real nature of the claim be gained only by wide experience, and the made by the opposing party upon the exam selection of the fittest. The division of our ination of his witnesses. This, necessarily, Bar into barrister and solicitor is practically greatly lengthens the trial. There can be impossible, and, therefore, need not be con little doubt but that the summons for direc sidered, but it is entirely clear that a body tions, provided for by Order XXX of the