ant. It
does not mean the principal, but a follower. It is derived from the
Latin word _cluere_ and the Greek _+klyein+_, meaning to hear; one who
listens, a follower.
An ordinary man has a horror of the entanglement of the law. A
hard-headed man of business says he would rather pay a claim of $250
or less, although he had never seen the claimant, and the suit was
utterly unfounded, than go to court. He would rather lose the same
amount than bring a suit involving the trouble and expense of hiring a
lawyer, requiring witnesses to waste their time, and wasting his own
in waiting for a trial, which might possibly result in a judgment
against him on a perfectly just debt, either through the miscarriage
of justice, or the chance of not collecting the judgment. The typical
feeling is that of the stockbroker who said: "Only blackmailing suits
go to court, for if sensible men have a dispute they know it is easier
and cheaper to settle it outside."
The client is in a darkened room. He only partially sees what is
going on. If the whole case is thrown out of court on a question of
law or a technicality he feels more than resentful against the judge;
he is revengeful; he will spend every cent he has in the world
appealing and showing that judge how wrong he is. In the first place,
it is a disgrace.
"Why," he says, "the judge just kicked us out of court. We didn't have
a chance; the judge must have been friends with the other side. Do you
call that justice? I'd like to get that judge outside and talk to him
man to man. No one can get a square deal in court."
The feeling of the client toward the courts and the lawyer is one of
distrust, mingled with respect. He will say:
"I would rather take a friend's word as a gentleman that he would do
something than to have it put in the form of a forty-page contract
drawn by the best lawyer in the country. I could rely on the word of a
gentleman, but if any question on that contract came into court, some
clever lawyer would find a loophole to get out of it." Yet the fact
is that the world does require legal documents. An interesting
speculation would be to consider what proportion of the world's
business affairs is conducted on a basis which could be provable or
have the authority of enforcement in a court of law. The proportion of
the business transacted in a so-called legal manner is insignificantly
small.
The numberless transactions of the retail stores in a great city; such
c
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