protection from business and seek it in the aggressive form of
suits for damages. Big business looks on the courts as instruments of
blackmail, and the small citizen feels that the courts are inadequate
to protect his rights. It makes a deal of difference which side they
are on. But in any case the present-day successful lawyer is primarily
a business man.
A corporation is a legal creation; a lawyer is its mother and nurse.
The stockholders having the curious relation of being partners, one
not liable for its debts--if its legal affairs are properly handled.
And so the company retains a lawyer at a yearly salary to give them
advice and that legal protection. Prominent lawyers are taken in as
partners of the big banking firms. The large industrial companies have
the highest priced lawyers exclusively attending to their affairs.
Accident Insurance Companies have enormous legal plants as efficiently
organized as factories for handling damage suits and against whom is
opposed the inexperienced lawyer of the individual citizen.
Furthermore, the corporation, though composed, in reality, of
individuals, is less personal than any one of its members. It is a
client without keen emotions, without too distracting hopes, fears, or
suspicions. Law is an exacting science, arduous and complex. The
lawyer, to do his best, should work quietly, disturbed as little as
possible by the human interests at stake. If then the lawyer is
correct in preferring the soulless corporate client, it must be that
the ordinary individual is either too poor, or too human. Naturally,
the corporations are not only the most satisfactory, but the most
desirable clients.
The client, although he is the originator of the drama is in reality
only a listener. The client in court has so little to say and the
lawyers have so much, that it seems unexplainable. The reason is that
the lawyers are the fighters, the champions, the knights in the
tournament. A legal battle is only enacted because the lawyers are
expert fighters. The client having hired them, has little to do but
watch. When men first went to law they had no champions; they fought
and took what they could, but as civilization advanced men became too
busy to engage in legal or actual battles and there grew up a
specialized class of fighting men. The lawyers are the hired
mercenaries of the commercial structure; and the clients are the
ordinary business men. True, some of the lawyers are free lancers,
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