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15 Chi. B. Ass'n Rec. 1 (1931-1932)

handle is hein.barjournals/chicbar0015 and id is 1 raw text is: THE CHICAGO BAR ASSOCIATION RECORD PUBLISHED MONTHLY Vol. 15 OCTOBER-NOVEMBER, 1931 No. I CONSOLIDATED CIVIL PRACTICE ACT T HE Committee on the Judiciary of this Association has pre- pared a draft of a proposed Consolidated Civil Practice Act, which the State Bar Association Committee on Judicial Ad- ministration is submitting for the consideration- of members of Bar of the entire State. This draft is the result of two years of labor in which your Committee was assisted by Professor Sunder- land of Michigan and by Professor McCaskill of the University of Illinois. The purpose of the Committee in submitting this draft to the members of the Bar for examination and criticism is to get the benefit of practical suggestions from practitioners. With such sug- gestions before it the Committee intends to prepare a revised draft for submission to the State Bar Association at its annual meeting in 1932 and if this revised draft meets with the approval of the Bar,. to present it through the State Judicial Advisory Council to the General Assembly at its next regular sesion. The work of any committee engaged in revising the entire legis- lation relating to any given subject such as our Practice Act is fraught with certain inherent dangers. Violent differences of opinion within the Committee may (and frequently do) find ex- pression in compromises which produce conditions worse than those arising under the existing legislation. Again, a committee devoted to this sort of task tends to yield to an academic desire to produce a body of rules perfect in form and complete in every detail. On paper the final product may present a Utopian appearance of per- fection and completeness and yet may break down completely when applied to the every day needs of a court of law. The result is to frighten practical legislators (whose earnest help is necessary if any law is to be passed) away from the support of what its opponents declare to be a purely theoretical and unworkable scheme. It is, therefore, only the part of wisdom for the Committee to seek the criticism of practitioners who have had no part in the draftsmanship and can read and study the proposal without pride of authorship. It is to be hoped that members of the Bar, especially those who spend much of their time in courts, will take the trouble to study this draft and send their suggestions to the Committee. In this way they may assist in the establishment of rules of prac- tice simpler and more efficient than those now in force and by so doing benefit future lawyers and litigants.

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