140
The Green Bag
Fiero, dean of the Albany Law School, in papers dealing with "Satisfaction of Judgment in Supplementary Proceed ings" and "Special Actions and Special Proceedings," respectively, pointed out the same defects in too much clogging and repetition under existing procedure. PROCEDURE IN CANADA
CONTINGENT FEES
John Brooks Leavitt, chairman of the Committee on the Abuses of the Contingent Fee, submitted a report, concurred in by four of the eight com mitteemen, with three dissenting and one not voting. The report urged the remedying of admitted abuses by repeal ing the legislative act of 1848, which gave unrestricted permission to lawyers to bargain with their clients in respect of services. It provided, however, that clients be permitted to hire their attor neys by the year if they desired to do so; or that, where unable, the client might pay his lawyer out of the proceeds of the litigation such sum as they might agree on after its collection, the court awarding the amount in case of failure to agree. It was finally voted that "all agreements on contingent fees between attorney and client should by appropri ate amendment of the existing law be made subject to the scrutiny and review of the court as to their reasonableness when made."
Mr. Justice Riddell of the King's Bench of Ontario, speaking in the after noon, vividly described the swiftness and certainty of procedure in Ontario. He said: "Our law says to a man who's troubled with an irresistible impulse to murder: 'I'll hang a rope up in front of your nose and see if that won't help you inhibit your impulses.' As a net result," continued the speaker, "we're not troubled much with expert witnesses in Canada. In short, there are two ideas about the law: the old idea that it is not so important whether a man gets justice, but that the main consideration is that the cleverest lawyer, the lawyer best able to utilize the forms of the law, should win. The other idea — the one we hold — is this : Let a man JUDICIAL CANDIDATES get his rights above all; and if he gets The Committee on Selection of Candi justice, no matter if the record does get dates for Judicial Offices reported, a shock now and then." through its chairman, Judge Richard L. STOCK WITHOUT DOLLAR MARK Hand, asking instructions as to whether The report of the Committee on its investigation and indorsement of Corporation Law — Francis Lynde Stet judicial candidates was to be made only son, Victor Morawetz and Louis Mar in the brief time between nomination shal — was entitled "Stock Without the and election, as heretofore, or before Dollar Mark." It advised the resub- the nominations had been made. It mission to the Legislature of an amended was decided that the association should law providing for the issue of the stocks pass upon the character and qualifica of all corporations without any par value tion of candidates before nomination. stated on the face of the stock. The com Fred W. Hinrichs asked that Governor mittee told of the introduction in two Dix be visited by a committee to have previous Legislatures of bills to carry him make the Loomis bill the subject of out the plan and of their failure. It a special message to the Legislature. also announced it will cause a similar Mr. Hinrichs's suggestion was adopted. measure to be introduced in the present The Loomis bill deals with the method Legislature. The report was approved. of selecting candidates for judicial office.
