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2 Am. L. & Law. 1 (1940)

handle is hein.journals/amlandl2 and id is 1 raw text is: AMERICAN LAW AND LAWYERS V _____- s ,ur ..j.. r r~r t --t . EMonosson [ Cincinnati, Ohio, January 6, 1940. No. 1. Urges Bar to Take Action To Eliminate 'Part Time' Lawyer Heavy Annual License Fee Would Keep out Side-Line Practitioner, Writer Says PROPOSES FIGURE OF $400 Man Who Takes a Case Here and There at Cut Price Is Held Threat to Profession New York. A proposal that a substantial annual license fee be exacted of lawyers as a means of eliminating the part time attorney is advanced in a com- munication to the New York Law Journal. The writer, identified only by the initials A. D. H., expressed ap- proval of a letter which had been published a few days before suggest- ing an annual renewal of all lawyers' licenses and a moratorium on admis- sions for five years. Worst Thorn in Side The part time lawyer, that is, the one who handles legal business now and then while pursuing some other occupation, is held by the present writer to be the Bar's worst thorn-in- the-flesh. There ate thousands of such law- yers in New York city, he continues, and each one, handling his few legal matters, takes just so much business from attorneys with heavy overhead, dependent on their fees for a living. Fees are slashed by these part time men, for each fee is 'gravy.' Civil Service Employes A solution is difficult. First, how- ever, suspend from practice every civil service worker or teacher. Too many, supported by the city or state or federal grvernment, take cases 'on the side.' We are taxed to pay their salaries; they attack our livelihood. To eliminate the member of the Bar who is in business but who con- tinues to carry on a limited practice, the writer would impose an annual license fee on lawyers of as much as $400. Such a fee could come back to the attorney in the form of legal books, services, and so forth, and in part could be used to inform the public of the benefits and uses of employing regular counsel. Should Be Able to Pay But I think all will agree that if an attorney can not afford to pay such a sum yearly he would be better off in some other profession or business. Young and junior attorneys, employed by a practicing attorney, could be charged a $100 annual license fee, payable by their employers.'' Approving the moratorium on ad-I missions idea, the writer says: No one can deny there are too many lawyers. Each new one shaves the business of those practicing. Labor limits its union members; is it not more important that a learned pro- fession maintain not only its intel- lectual but its economic rank? Need Of Tort Claims Act Urged In Report Of Attorney General Pennsylvania judges, under Prodding of Supreme Court, Set a Record for Nation Reports Required Each Month on Cases Held up for More Than 30 Days Philadelphia. In a report in which a note of elation could hardly be repressed, retiring Chief Justice John W. Kep- hart told the Supreme Court of Pennsylvania that the lower courts of the state have set a record, probably unequalled in the nation, in clearing away a mass of accumulated cases and keeping their dockets strictly up to date. This result has been achieved in the three years during which the Supreme Court has had authority to supervise the dispatch of business in the non-appellate courts. Heart of the new system is the requirement that judges must report on cases held up beyond a reasonable length of time. The Chief Justice said in part: Had to Speak Strongly Upon completion of our first sur- vey I was compelled to refer rather strongly to certain indefensible delays in the administration of justice which had provoked much adverse criticism of our courts; the result of which was that within a short time I was able to report the work of the courts as up to date. In order, howevdr, to insure the acceleration of opinions and prevent again a situation wherein litigants were compelled to await decisions for years, the Supreme Court adopted a rule of court (rule 93) requiring monthly reports of all matters unde- cided for a period of 30 days or more. This rule has been vigorously ad- ministered and some judges have from time to time been warned of the necessity of clearing their dockets, with the result that I am pleased to again report that the work of these lower court judges is practically up to date, a record which I am quite sure is hardly equaled elsewhere in the nation considering the volume of work handled by our state. Only Two in Arrears In the several courts of common pleas throughout the Commonwealth, consisting of 151 judges, there are but two counties where cases are found awaiting decision for periods in ex- cess of three months, as of Novem- ber 30, 1939. It is quite noteworthy that in our populous counties including Philadel- phia, Allegheny, Luzerne, and Lacka- wanna, where the volume of work is exceedingly large and difficult to handle, there is no unfinished business to report. In conclusion it is most gratifying to report the commendation of mem- bers of the Bar on the happy condi- tion of the affairs of our county courts. Justice to be effective must be dispatched with reasonable speed and while the Bench and Bar of Pennsylvania may be justly proud of the record established in this connec- tion, it must also be reassuring to our people generally that if they must seek the aid of our courts, cases will be promptly disposed of when finally submitted for decision. LOOK INSIDE FOR- Congress, not Courts, to Change Wagner Act ------- ..--.--Page 2. Trust Company Wins Unauthorized Practice Suit Page 2. Wage-Hour Act Amendment a Notable Issue .. Page 2. Bar's Approval Sought for Ten Proposals - - - Page 3. Plan for Regulation of State Agencies Offered .aPage 3. Bar Committee Frowns on Special Court Plan --- -Page 3. Says Bar Forgets True Function of High Court - -.Page 4. Proposes Method for Simplifying Procedure Page 5. Urges Schools to Teach the Law of Today ----.----...Page 5. Notable Figures to Take Part in Labor Law Conference . -...Page 5. Push Inquiry on Miller-Tydings Law Experience - -.Page 6. Seek to Stimulate Discussion of Peace Bases Page 6. Discuss Chance for Amending Wagner Act Page 7. Finds Business Men Depending on Anti-Trust Law .Page 8. REGULAR FEATURES Lawyer's Bookshelf . ...ge 4. Labor Relations Page 6. To Brighter Worlds ---.- -.---.---Page 7. The Government at Work - - .-. -Pge 7. Looking Ahead at Washington -- Page 8. Murphy Also Asks Congress for Broader Firearms Law, Criminal Procedure Changes FAVORS PUBLIC DEFENDERS Delay in Enactment of Any Administrative Law Bill is Termed Desirable in Report Washington. Attorney General Frank Murphy wants prompt action by Congress on a 14-point Department of Justice legislative program which includes a federal tort claims act, a law re- quiring registration of all firearms, provision for 13 new federal judge- ships, and authorization of the Su- preme Court to prescribe rules of criminal procedure for the federal courts. At the same time the Attorney General, who included his legislative program in his annual report, asked Congress not to take any action on the administrative law problem until his committee on administrative pro- cedure has reported. Inference Is Plain In discussing the extensive investi- gation his special committee has been making relative to the procedures employed in the numerous federal ad- ministrative agencies, Murphy made no mention of the Logan-Walter bill sponsored by the American Bar As- sociation, but the inference was plain. His committee has been conducting its investigation for a number of months, Murphy said, and an early completion of the task may be ex- pected. I recommend that no legis- lation on the subject be undertaken until we have before us the fruits of the work of this committee, which un- doubtly will make a constructive con- tribution to the subject, he urged. Making special reference to the tort claims bill now before Congress, Mur- phy took the opportunity strongly to urge its passage, saying the disposi- tion of tort claims against the govern- ment has long been a troublesome and vexatious problem. Sense of Justice Shocked Noting the typical case is that of personal injury or property damage caused by government automobiles, the Attorney General said it seems abhorrent to one's sense of justice that no action for damages lies against the government in such an instance. Turning to the question of new criminal procedure rules, Murphy urged early enactment of the ap- propriate legislation, noting it has been approved both by the Judicial Conference and the American Bar Association. Murphy, in urging extension of the national firearms act to cover all firearms, said the only argument ad- vanced in opposition is the supposed (Continued on Page Eight) I Vol. 2 i

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