Show simple cure for court delays that bring justice into disrepute by SAMUEL now york lawyer the greatest fault of the american system of justice is its delays parties who prosecute or defend unsuccessful suits should be mado made to pay the full costs of such suits and the contingent fee system mut must be properly regulated additional judges will not solve the problem the first and most important step in any reform is ia to reduce the volume of litigation by weeding out that which is baseless and dishonest if a man sues for and recovers or less as often happens the cost should be charged against him on the excess against the costs awarded him on his recovery as in other countries if 11 the costs to the prevailing party were fixed at a sum constituting a real indemnity y against the actual expenses of the litigation it would soon boon put an end to fictitious claims I 1 have known tho the courts of england to allow successful counsel in a lawsuit when it is understood that the unsuccessful prosecution or defense of a claim means vs as it does in other countries that the defeated party must bear the cost we will have eliminated at least half tho the litigation that now clutters the courts I 1 suggest that we go further and recommend that where the cla claim in or defense appears to tle the court to be clearly friT frivolous olous or brought or defended in bad faith or where the case was taken on a contingent fee the court or jury should be given the discretion to charge the costs jointly against the attorney and his client in the latter case the attorney is ia in a sense cense a partner with his client |