Law’s Delay, Lawyer’s Delay and Forwarded Cases

Abstract

Just now we seem to be at the crest of another wave of criticism of "law's delays." Once more judges and lawyers concern themselves with the general question of the administration of law. Bar associations, judicial councils and committees bestir themselves to "recognize" the "evil," and to study, to report, and to recommend reform of court practice and procedure. Time studies are had in the disposition of docketed cases. Technicalities of procedure are sought to be eliminated. Jury trial is damned and squeezed. New judges are added; the pay scale of the judiciary is increased. As ever, speed in the disposal of cases pending in court is sought for by accelerating the present system of courts—a system inaugurated in Anglo-American jurisprudence about the year 1066. As ever heretofore, judges and lawyers, almost exclusively, constitute the personnel of these reform bodies. Why should this be so? Is it true that there are no other professional or business men who are sufficiently competent, or sufficiently concerned, to take a hand in this program? If "law's delays" always have been an "evil," and if only judges and lawyers have heretofore dealt with the "evil"-and unsuccessfully, it is so often alleged,- is it not plausible to suggest a resort to "outsiders ?" If business men can organize and reorganize industrial units into economical and profitmaking enterprises; if other institutions of the political state are efficiently organized along the lines of private enterprise, it scarcely seems absurd to propose the introduction of the skill of such men into our state institutions for the administration of law. If such men are reluctant to approach the task single-handed, may it be suggested that the "evil" is of sufficient importance to merit the study and service of their technical associations. Certainly judges and lawyers will not claim exclusive rights to deal with the problem. Certainly their record of past performance warrants to them no prerogatives in the premises. Certainly it is not merely a "legal" problem.