Page:The Green Bag (1889–1914), Volume 10.pdf/454

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

French Law and Law Courts. $i,6oo, and in the country from $360 to $ 1,ooo. The Palace of Justice, in Paris, which is the home of the most important courts, is "an irregular, but stately pile of buildings, bounded on two of its sides by the Seine, and on the other two by the place Dauphine and the Boulevard du Palais." It is entered by a grand flight of steps. If you enter it for a lawsuit there will be a series of forms to go through with, and delays to bear that it would take pages to describe, no matter how simple, certain, and plain your case may be. Summonses and writs; experts to examine the property disputed about; the conference of solicitors for the two sides; the making out the complaint; and any number of things are drawn out in length and time in a way to challenge belief. Pleadings that could be put in two lines are " engrossed on a num ber of folios." The matter introduced might be taken from a newspaper or a comic al manac; but " nobody reads it." Its " sole purpose" is to " increase the income of the court officials." This abuse is even legally provided for. A very urgent case gets through quickly if it is ended in thirteen months. But when there are appeals, the costs and the delay are beyond all calcula tion: The courts do not open before eleven A. M., and from August to November they do not sit, with very rare special excep tions. For every higher court to which a suitor appeals he must find a new lawyer. This evidently helps the profession. At the opening hour, out of the three different robing rooms, come the judges and lawyers. In civil cases at Paris " a party interested cannot appear in person with the assistance of his solicitor, unless he obtains leave from the tribunal." An advocate at the bar can not do any ordinary business. He cannot be a doctor or teacher; he can be an ac tor only if he acts without pay. But he can be in parliament — a deputy or a sena

419

tor. An advocate cannot ask for fees — the client must offer them. So says the rule — but, before the suit is begun, the advocate knows well how to get around it. The court rooms vary in style. Some are furnished merely with oak seats with backs. Some seats are cushioned where the lawyers sit, in front of which are long shelves for holding papers. In front of the judges' bench is a long oak table, with three or four arm-chairs around it. There is a dais at the side of the court-room for repre sentatives of the government. The walls are oak-panelled, and the ceiling is white with gilt cornices. While the court is in eruption — I use the word with pure intent — some judges sleep, but one is pretty sure to keep awake. One occasionally talks in a loud voice to his neighbor while the arguments are proceed ing; "scribbles down contradictory judg ments," jerks himself about, questions coun sel, and " leaves the court without having any opinion at all." Occasionally a judge interrupts a barrister constantly through the whole trial. The oratory of the lawyers, their walking about, and their acting, are too hysterical to describe. Excuses for delaying cases, and petitions on the other hand to bring them on at once, are as common and various in France as here. The proceedings of the judges in cham bers are more spectacular than here, with the procession of applicants going up in stately order. This is not uncommon. A judge asks an applicant: " Why don't you lay stress on the arguments in your favor?" Me begins to say, "why." "Come another time," says the judge, " and I will tell you what to say." But at once, to the astonish ment of the advocate, he proceeds to coach him. " This " (after showing him) " is what you will say, another time; and then the judge you will apply to will tell the registrar as I tell him here now, ' Registrar, order as asked.' "