date

14 August 1804 Procedure Evils
14 August 1804

Procedure

Evils Cause

Lawyers' interest

dilatoriness

2. Dilatoriness

By delay, separately considered the separate interest of the man of law is not served /promoted/ but rather disserved. The quantity of ------- extractable out of a given cause being given, the lawyer ---- ----- of time over which that ------- is about to be spread, the less is its present value.

But it /delay/ is the property (as will be seen) of delay /is naturally pregnant/ to give birth to incidents: incidents many of which not all will either naturally be, or will have been ------, productive each of its expence to the suitor, each of its profit to the man of law.

Moreover whatever state of things is productive of factitious and unnecessary delay, will in other ways be found productive of unnecessary and factitious expence, that part in the profit of which the lawyer will never be without his share. And é conversó no improvement (for the extension of ------- improvements is in so far true) could operate in removal of the factitious and unnecessary delay, that would not operate (operate of course and unless measures can be taken on purpose to prevent such its operation) in reduction of the aggregate mass of factitious and unnecessary expense, that part which included in the shape of profit goes into the pocket of the man of law.
Similar Items
  • Title: [14 August 1804 Procedure False]
    Description: 14 August 1804

    Procedure

    False Ends

    Points adverse

    dilatoriness

    ----, affords another point, less obvious but not less ---- in which by a certain degree and disposition of o

    There is another ------, less obvious but not less real in which the man of law has an interest in the production of delay - unnecessary and factitious delay - and that is ease personal ease and relaxation. If without any diminution or without any material /adequate/ diminution in the total mass /sum total/ of extractable ------, certain portions of the year can be set apart in which the man of law shall be free from labour, so much of this time of comfort and amusement as can be created, in so far the interest of the man of law must it is evident be served. But served in this way it is not profitable it should be , but at the expense of justice. The one or other party, always and frequently to both all delay is injustice while it lasts. + While the time of the lawyer /man of law/ is filled with amusement, the time of the injured suitor is filled with bitterness. The interest which the man of law has in the quantity of delay thus produced, is therefore beyond dispute a sinister interest: an interest to which so far as it prevails, the interest of the community is made a sacrifice.

    Nothing but overgrown, unrestricted and ------ power, too confident in its own stability to vouchsafe ears to listen to the wailings of the miserable oppressed could ever have thought of giving /------ to give/ at the expense of all mankind a moments pampered repose to the well /richly/ paid labours of the man of law. The physician has not such play-time: even the priest, how great soever and how unequal the indulgence he -------/which in sum ---------/ of the ---- ----, the ----- of the physician's /medical/ practice are based in the same grave.

    ---- as such periodically greater /------/ or ------- indulgence as the man of law in more --- ----- ------ been ashamed to give himself.

    + Suprà B.L.Ch.
  • Title: [10 July 1804 Procedure & Evidence]
    Description: 10 July 1804

    Procedure & Evidence

    Evils causes

    Intricacy

    Confusion is the fruitful parent of all mischief /evil/: of honest error and prejudice in some minds: of fraud and self-conscious sophistry in others.

    It is in the confusion produced by the general inattention to so important and whenever ---- /pointed out/ so seemingly obvious a distinction that we may discern /may be discerned/ the most plausible or rather the only plausible ---- or apology that /which/ the undiscriminating panegyrists and champions of the law /existing abuses/ can find to make for the general degree of uncertainty, delay, vexation and expence /dilatoriness, vexatiousness and expenciveness/ with which the system of procedure is so notoriously and justly chargeable. When the causes of complication - and thence of delay, vexation and expence are so abundant and so fruitful /prolific/ - with what degree of reason or justice can any /a/ man expect that a system of procedure should be a simple object that erroneous decision - decisions contrary to the merits should not every now and then take place - that the proceedings should in all cases be with /exhibit upon the face of them/ a degree of delay, vexation, and expence - such as to an ignorant eye, or to a superficial view can not but /will naturally enough/ appear unnecessary and indefensible.
  • Title: [14 August 1804 Procedure False]
    Description: 14 August 1804

    Procedure

    False ends

    Points adverse

    Expensiveness

    1. Expensiveness: viz: in respect of that part /portion/ of the which goes in toto into the pocket of the man of law.

    2. Expensiveness again: viz: in respect of all those parts of the expense - which to not themselves go into the pocket of the man of law, but are so contributed and -------, that the disbursement of them is necessary to the disbursement of those other parts which do go into the pocket of the man of law.

    In respect of the above portion of the expense the interest is direct and manifest /obvious and indubitable/. Others there are in respect of which the interest is less clear and decided: the case being such that by a given /lot of/ expense, to an amount not susceptible to liquidation, a man gains or stands a chance of gaining in one way, what he loses or stands a chance of losing in another.

    1. In regard to expenses which neither go into his own pocket nor are necessary to any others that do, upon a first view that lawyer is no gainer, after an ulterior view /----- ----- -----/ he is a loser. He is a loser, because the more a man is made to pay to other people /forced to expend in other ways/, the less he can afford to pay to lawyers.

    In another way, this seemingly unprofitable /wasted/ expense is not altogether without its use to the man of law. The general principle and practice of imposing upon suitors factitious and unnecessary expense is sanctioned by it if the aggregate mass of factitious expense in particular share that goes into the pocket of the lawyers is covered by it.