The advocate, however, chooses his profession because he prefers the work which he selects to that which the counselor does and his own special reward is the attainment of success as an advocate and after a mature experience, a place upon the bench.

C. It has been suggested that a sine qua non to the development of the distinction between the counselor and the advocate is that the advocate shall not invade the sphere of activity of the counselor by dealing with clients and that the counselor in return shall not undertake the handling of contested matters in the courts except as he does so in coöperation with the advocate. The latter rule is a fair exchange for the former. The keeping of the advocate away from handling clients is absolutely necessary as a guarantee that a popular advocate who has a public following shall not steal the clients of the counselor.

D. The advantages of such specialization among lawyers have been put forward as follows:

1. These advantages are very great from the point of view of the individual. He has a chance for more agreeable work by reason of the specialization, and also in case of success, an opportunity for greater profits.

2. From the point of view of the public the advantages are:

(a) The specialization furnishes a service test for candidates for judgeships, since judges would for the most part be selected from those who specialize in the handling of contentious business in the courts.

(b) The motives for expediting the work of the courts by the lawyers are vastly increased.

(1) The lawyer handling contentious business in the courts wishes to go ahead with trials as rapidly as possible, since his income depends upon doing this work.

(2) The client wishes work in the courts done expeditiously because he is paying an expert for special services.

(c) Greater assistance is rendered the court. Court and advocate can drive at the main point of controversy with the greatest speed. The advocate can eliminate much that he knows by experience to be not worth presenting without fear of injuring the client's cause.

(d) False and fraudulent claims and ill-founded suits are more easily than now to be discouraged because the advocate must protect his standing with the court.

(e) Greater knowledge of the rules of the courts by the bar is developed and the criticism and scrutiny of the judge's work are much closer and hold the judge much more in check than the present system.

(f) There is better service to the client.

(1) Legal business better attended to.

(2) Litigation more quickly reached and disposed of.

(3) Better representation on the firing line in litigation.

(4) Better preparation for trial.

(g) Over-contentiousness would be reduced because the advocate must

protect his standing with the court.

(h) The objection that a separation of the advocate from the counselor is a bad thing is founded largely in the sentiment and pride of present members of the profession, all of whom call themselves members of the bar, and have freedom to range the courts when and where they please. It is said also that a man who is in touch with the client's entire affairs prepares a case better for trial. But even when an advocate is employed the client's regular counselor has the chief burden of the case's preparation and there is no reason why the advocate should not have the greatest freedom of intercourse with the client and the witnesses in preparing cases for trial. No canons of professional etiquette should ever be allowed to keep the advocate from direct contact with the client and his witnesses, or separate the counselor from easy conference with the advocate while in court. As for the counselor's pride in having free audience in the court, that should not stand in the way of efficiency in the work of the courts and the service rendered clients.

E. It is suggested that such specialization among lawyers may be promoted in the following ways:

1. The competitive method: Under this the advocate makes it clear that the counselor cannot compete with him in the handling of litigation in the courts. This results in the following developments:

(a) Large firms of counselors, with a large and varied number of clients, employ one or more advocates to give all their time to the litigated work of the firm.

It has been suggested, however, that this is a transition stage only, because

(1) It does not provide any way for the smaller firms of counselors and single counselors to secure expert advocacy without running the risk of losing their clients to the big firms of counselors.

(2) It has the disadvantage of cutting off the large firm of counselors from securing the best advocate for the particular case. It requires the employment of the same advocates for all sorts of cases.

(3) This arrangement is unsatisfactory to the advocate in the long run, for he finds it continually more difficult to become expert when he must deal with the difficult cases arising in a metropolitan district handling many thousands of important cases in all branches of the substantive law and practice.

(b) The moment the system whereby an advocate gives all his time to a firm of counselors begins to break down the individual advocate appears. He first answers the demand of smaller firms and individual counselors who wish to secure expert advocacy in particular cases, and by restricting the field of his advocacy he is able to compete successfully in his line with the advocates employed by the big firms who must cover a very much wider field.

2. The slightly coercive method: This involves the imposition of special requirements for admission to practice in the courts in the handling of contested matters and trials, viz.:

(a) First, a general admission to practice as counselor.

(b) Practicing as a counselor for a limited term.

(e) Then a special examination for admission to practice as an advocate in each trial division of the metropolitan court.

(d) This might result in many persons staying out of practice in contentious matters, especially in courts where they never expected to practice. It would tend to cause one who had taken the trouble to secure admission to practice in particular divisions, to practice there and to receive a share of contested causes heard in those divisions.

(e) This plan leaves every lawyer free to practice both as a counselor and as an advocate, but imposes special requirements on practicing as an advocate which would tend to cause anyone so practicing and succeeding to devote himself largely to advocacy.

(f) It should be a rigid rule, even under this system, that any lawyer practicing as an advocate should be barred from ever or for a considerable time dealing as a counselor with any client whom he represented as an advocate for any counselor.

3. Compulsory division:

(a) The counselor might be ruled out of all audiences in the courts in contested causes except as he appeared associated with an advocate and the advocate might be ruled entirely out of the sphere of the counselor, and the requirements for admission to each branch of the profession might be fixed independently, with the right of any member of either branch of the profession to transfer to the other branch.

BOOK DEPARTMENT

NOTES

ATWOOD, E. L. The Modern Warship. Pp. 146. Price 40 cents. New York: G. P. Putnam's Sons, 1913.

BELLET, DANIEL. La Nouvelle voie Maritime le Canal de Panama. Pp. 330. Price, 5 fr. Paris: E Guilmoto, 1913.

It is fortunate that there is little probability that M. Bellet's opinions concerning the Panama Canal will find immediate and universal acceptance in the United States, else it is doubtful if the canal would be opened. According to him the waterway is merely a huge monument to a course of misconduct and a policy of folly. The United States government swindled the French canal companies, sandbagged Colombia, broke faith with England, and repudiated its obligations to the entire world, and withal has spent a tremendous sum of money on a work which will never pay the expenses of maintenance and operation let alone the cost of construction.

BRISSENDEN, PAUL F. The Launching of the Industrial Workers of the World. Pp. 82. Berkeley: University of California Press, 1913.

This interesting short study presents a mass of testimony on the beginnings of the Syndicalist movement in the United States. It reviews the preliminaries to the calling of the first convention of the Industrial Workers of the World in 1904-05. The various groups and elements represented at the convention in June, 1905, are carefully analyzed and tabulated. The bibliography, comprising almost one-fourth of the pamphlet, is complete and valuable. This list of magazines and newspapers of the present labor movement is particularly useful to the student while to the layman the existence of this amount of material will come as a distinct surprise.

BROWN, SAMUEL W. Secularization of American Education. Pp. 160. Price, $1.50. New York: Teachers College, Columbia University.

This is a Teachers College thesis and is a review of the state legislation, state constitutional provisions and state supreme court decisions by means of which the present secularization of education exists. It traces in a number of chapters the history of education in America from the day when the aim was almost entirely religious, through the stage when the aim and control were both religious and secular, to the present condition where state institutions are entirely secular both in fact and theory. In every state of the Union there exists now a system of public education in which civic and industrial aims are dominant, in which religious instruction is either entirely eliminated or else reduced to the barest and most formal elements, and the control of which is