THE ABUSE OF PERSONAL INJURY LITIGATION
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THE ABUSE OF PERSONAL INJURY LITIGATION CLARENCE A. LIGHTNER R. B. NEWCOMB ROY O. WEST PERCY WERNER
ORLA B. TAYLOR HOWARD BRYANT J. L. QUACKENBUSH RUSSELL DUANE
MR. LIGHTNER. A KNOWLEDGE of the fact that per that his superior had promised to have the sonal injury litigation, and especially machine made safe. After this rule became that arising from the relation of master and familiar to the profession, one or more of the servant, has increased rapidly during the past lawyers, having a large business for plain few years, and that there are evils connected tiffs in this class of cases, added, in sub stantially all of the declarations thereafter therewith, is not confined to the legal pro fession. At the same time, only the lawyer, filed by them, the necessary averments to who is actively engaged in the trial of this come within the above rule, viz: that the class of cases, is adequately impressed with master had promised to repair; and, as far the evils of the situation. They go beyond as I have followed the matter, testimony what is popularly supposed to be the case. in support of these averments was produced I suggest the following : upon the trial of the cases. Now, it is 1. The debauching of public morals; possible that a master may in some cases 2. The lowering of the standard of the have promised a servant to repair a defective legal profession; and, machine and neglected to do it, but it is 3. The burdening of the public with the apparent that such instances, in well organ support of an increasing number of persons ized factories, would be extremely rare; and that this should occur, in substantially every who have become incapacitated from earn case brought by certain attorneys after the ing a livelihood. Words from me cannot express the extent importance of the fact became understood, of the above evils. I merely illustrate is worthy of note. What must the large number of people, who are interested in each them as follows : i. Of course, perjury is daily committed personal injury case, think when they learn in the courts in all classes of cases, but the that the plaintiff, by successfully setting up frequency with which this is done, and what they know to be untrue, has recovered apparently with the approval, if not upon a substantial amount of money? the suggestion, of members of the bar and 2. A high standard for our profession is of others who, at least, should know better, a matter in which not only lawyers, but is almost appalling. The Supreme Court of also the public at large are interested. this State, some few years ago, applied the The practice of unfairly soliciting business principle that a promise to repair defective is, to say the least, more prevalent in this or dangerous machinery, on the part of the class of cases than in any other. We all master, would relieve the servant from the know that. But only the lawyer, who is rule of assumption of risk. It follows that brought in contact with the matter, can if a servant is injured upon machinery, with understand the extent to which the abroga the dangers of which he was fully informed, tion of the rules of common law against he can nevertheless succeed in his action champerty and maintenance has affected (or, what is substantially the same thing, some members of the profession. There require that the case be submitted to the have come to my attention cases wherein jury for decision) if he has any evidence attorneys have begun an action in the name
