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1 Am. L. & Law. 1 (1939)

handle is hein.journals/amlandl1 and id is 1 raw text is: American LAW AND LAWYERS Law, Government, the Legal Profession in Action Vol. 1 Cincinnati, 0., January 7, 1939 No. 1 American Bar's Approval Won By Forty-four Law List Publishers Improper Hereafter for an Attorney to Allow Name to Appear in Unapproved List REDUCE NUMBER FROM 260 Continued Scrutiny, Check on Usefulness of Lists Is Contemplated by Committee Chicago-Instead of 260 uniden- tified, unstandardized and unregulat- ed law lists competing for business from a credulous Bar there are now only 34 domestic and 10 foreign lists which can operate with the approval of the American Bar Association. Each of these 44 lists has under- gone - thorough investigation by the Association's special committee on law lists and, as to its 1939 edition at least, has measured up to the 18 requirements imposed by the commit- tee. Notable Accomplishment When it is realized that the amount of money paid each year for listings has been estimated as high as $15,000,000 and the amount of busi- ness annually forwarded over the lists at the impressive figure of $250,000,000, the Bar will appreciate what a notable accomplishment it was to weed out the great number of unworthy, unsubstantial and, in some cases, downright fraudulent lists, and to limit the business to a comparatively few publications that are willing and able to meet the As- sociation's standards. While a sanction has been pro- vided to prevent lawyers from doing business with unapproved lists, in the form of a canon of ethics de- claring it improper for a lawyer to permit his name to appear in any but an approved list, it is believed the Bar generally will need no prompting to support the Association's plan. More Work to Be Done In an article to appear in the January issue of the American Bar Association Journal, Judge Frank E. Atwood, Jefferson City, Mo., chair- man of the committee, outlines fur- ther work to be done, not only in carefully supervising the conduct of lists already approved and consider- ing applications of others for ap- proval but also to study the utility of the lists, the extent of their use by the forwarding public, their value to listees, the manner in which they conduct their complaint departments, and the extent to which they dis- tribute and promote the use of their publications. The committee snould also further service the Bar by establishing an in- formation bureau to which matters pertaining to law lists may be re- ferred and answered by the secretary of the committee, who will 'also be in Judge Frank E. Atwood of Jefferson City, Mo., chairman of the American Bar Association's com- mittee on law lists. Judge Atwood's committee is credited with one of the most important accomplishments in the history of the Association. a position to supply inquiring attor- neys with information concerning each law list that has been approved. Types of Lists In the Bar Journal article, which explains in detail the standards set up by the committee and the methods used to investigate the lists, Judge Atwood classifies the approval lists as follows: General law directory, 1; Selec- tive general lists, 11; Selective com- mercial lists, 18; Selective insurance lists, 4; foreign lists, 10. Some say that the approval of fewer lists would have better met the needs of the legal profession and the public it serves, Judge Atwood says. Whatever the answer may be, the committee believes it should be given in the light of subsequent experience in the actual operation of the rules and standards rather than by hazarding a guess at this time. Lists Approved Lists approved as to the 1939 edi- tion are as follows: General- Martindale-Hubbell, New York. Selective general-- American Bank Attorneys, Cam- bridge, Mass. The American Bar, Minneapolis. American Counsel Association, Bos- ton. The Bar Register, New York. Campbell's List, New York. The Expert, St. Paul. The Lawyers' Directory, Cincin- nati. The Lawyers' List, New York. Russell Law List, New York. Standard Legal Directory, New York. Sullivan's Law Directory, Chicago. Continued on Page Eight. Judicial Council Proposes Changes In State Practice Suggest 15 Amendments to Bring Procedure in Line with Federal Court Rules Columbus, 0. - Various changes designed to bring Ohio civil pro- cedure into line with the new fed- eral rules will be recommended to the Legislature by the state's Judi- cial Council, according to an an- nouncement by Professor Silas A. Harris, of Ohio State University Law School. The Council's recommendations are the result of an 18 months' study, in which it decided not to propose chang- es where the present state practice is so nearly like the federal that more confusion than advantage would fol- low adoption of the latter procedure. Changes Proposed Fifteen of the more important changes proposed by the Council were listed by Professor Harris as follows: 1. The action shall start with fil- ing the complaint and the summons shall issue forthwith without a prae- cipe. 2. A copy of the petition shall be served with the summons. 3. Plaintiffs having separate claims may join in the action if the claims arose out of the same transaction and common questions of law or fact exist. 4. Defendants may be joined whether the claims against them are several, joint, or in the alternative, if the claims arose out of the same (Continued on Page 2) Fills Court Vacancy Felix Frankfurter A brilliant liberal to take the place of a brilliant liberal, Felix Frank- furter, universally admired wherever the highest intellectual attainments are appreciated, leaves his post on the Harvard Law School faculty to fill the Supreme Court vacancy caused by the death of Justice Ben- jamin N. Cardozo. Objectives Of Bar's Proposal Are Explained Idea of Bureau Law Is to Make Government Control Itself, McGuire Declares MEETS THREE MAIN NEEDS Lincoln, Neb. - Taking as his text the remark of James Madi- son that in framing a govern- ment which is to be adminis- tered by men over men it is neces- sary first to enable the government to control the governed and then oblige the government to control itself, Col. 0. R. McGuire, chairman of the American Bar Association's admin- istrative law committee, explained be- fore the Nebraska State Bar how his committee's proposed legis- lation would prevent bureaucratic ab- solutism and compel the vast federal administrative service to control itself. Attention to this latter part of Madison's problem has long been lack- ing, Col. McGuire declared, because in the rapid development of the coun- try the need for effective control of the governed has been so insistent as to overshadow the need for con- trol of the governors. Three-fold Purpose The committee's plan, which will be laid before the American Bar's House of Delegates at Chicago Jan. 9 and 10, has a three-fold purpose covering generally the three consecutive stages of the administrative process, the speaker said: 1. Improvement of methods for the exercise of quasi-legislative power, through the issuance of rules and regulations after notice and hearing, with judicial review to determine whether such rules are within the statutory and constitutional limits. 2. Improvement of existing ma- chinery for the hearing and deter- mination of controversies within the administrative service. 3. Judicial review of the adminis- trative decisions in concrete cases. Theories Discarded In developing its plan, Col. Mc- Guire said, the committee has refused to accept any of three currently popu- lar views: that which favors a form of administrative absolutism, that which would go to the other extreme and turn back to the courts the multi- tude of problems now administratively decided, and that which calls for ju- dicial review of administrative deci- sions in a single court at the seat of government and which plan offers nothing toward improving the methods of administrative exercise of quasi- legislative power or the machinery for administrative hearings and decisions. The first of these views, according to the speaker, stems from the Roman civil law with its undoubted efficiency but its disregard of individual liber- Continued on Page Six.

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