GERMAN LAWYERS

Evening Post, Volume CV, Issue 124, 26 May 1923, Page 10

GERMAN LAWYERS

SUFFERING FRO W REDUCED INCOMES NO REMUNERATIVE LITIGATION JOURNALISTS AND CLERGYMEN EVEN WORSE OFF S "While German industrials, merchants, and dealers 'have in general, as must be frankly admitted, still a relatively; good and fairly sufficient income, while artisans and all salaried earners have an income (which, though- insufficient, is yet as least large enough to protect them against destitution, there ia one class of our earning population whose work is paid so insufficiently that its members may rightly ask themselves if their endeavours are of any avail at all, says ' Dr. Schaffrath, of Dresden, in a message' jto {he "Manchester Guardian." These are the barristers and solicitors—previously members of the best earning i classes of our population. Prevailing con- ' ditions have now brought about a reduction of their incomes to a standard which is far below that of a young and unskilled labourer.

Barristers and solicitors, who form one class of jurists in Germany, are engaged in work of the same nature. Their annual income in pre-war times, if they ere adequately occupied, industrious, and clever, was not below 15,000 marks (£750). About two-thirds of this sum Was expended in leading a comfortable life, while about one-third was put aside to provide for old age. While these savings have become, in consequence of the depreciation of tho mark, almost worthless, the income of lawyers has receded step by step. Conditions were still relatively good in the first two years after the war, as with its termination the bus-

pension, of all lawsuits was annulled ..which were carried on by or against any person serving in the army. The resumption of litigation gave ample employment to our lawyers, the fees collected had still a certain purchasing power,, and the costs for the office upkeep,, especially, wages of employees,.were

etill comparatively 10w... These conditions changed in every respect for the worse with the beginning of 1921. The expenses for wages, paper, and other office supplies, telephones, etc., rose nearly ■ weekly, while, no substantial increase in ..tegal fees, was provided for. . Atl-,'th'e •same time the employment of lawyers lessened considerably. On the one ! hand, lawsuits suspended during:the.war • ,-wero concluded. On the other, new man-' dates became very scarce. This was 'due, to' different reasons, chiefly to the fact 'that!the.'legal fees hardly left any sur-' pins to the lawyer after meeting his .office expenses. Hence, no mandate could '.'. je unless there was ,' an extra 'fee, and this the majority of clients was not prepared to pay, since such fees could not be recovered from the defeated party. Thus much litigation was avoidjd by the settlement of disputes without the help of a lawyer. The disinclination to go to law is also fostered by the rapid devaluation of the mark, because at the conclusion of a lengthy litigation the amount sued for—even if 'he plaintiff obtained all he sought—has Dst much of its original value. Creditors, therefore, prefer to forego tlie half of their claim if the reluctant debtor :a be induced to pay the other half Immediately. A quick, definite, and immediately executable decision in cases of litigation ia now more desirable than ever. This accounts for numerous merchants contracting only on the understanding that an eventual controversy *s settled in a court of arbitration and lot brought before the ordinary Courts, A'hers the case by means of appeal and revision can be protracted over months, or even years. The number of lawsuits has also diminished owing to the growing indifference »£ Germans towards all questions of money. Convinced that German currency will further lose in value, wide circles of our population -would rather pay a claim of the most unjustified charicter than undergo the many troubles

md expenses of a lawsuit. : ■ ; Tho only people exempt from such considerations as. these are those who go to law "on poverty claim." This privilege is granted, according to German law, to people unable "without harming their own and their family's necessary livelihood to pay the costs of a lawsuit." It will be easily understood that under prevailing conditions very many Germans are entitled to avail themselves of this benefit. Consequently the "poor cases" lave increased enormously. If the case je complicated or if the cum at issue exceeds a certain amount the poor plaintiffs or defendants have a right to the . gratuitous services of a lawyer, who is, ivt their request, appointed "by the Courts. The increased use of this right in recent years has become a very heavy burden on the lawyers, as the. poor .client is always a. very hard fighter since he is not required to' pay for his lawsuit. '.Not only do the personal services of the _ lawyer remain unreimmerated, hut hia actual expenses—office upkeep, tram fare 3to the Courts, and so on—are not paid him. This intolerable situation was altered only some weeks ago by a law, enforced 6th February, 1923, prescribing that lawyers are to be paid i n such cases the legal fees by the Trwisury, ■ This will .merely prevent the lawyer from suffering ..an actual loss of.,money if occupied on •behalf of "poor clients.'" Yet no .hopes ■of earning thereby can- be cherished, for, 'as explained above, the legal fees, which alone are granted, only cover as a rule the actual expenses. However, this new regulation will to a certain extent mitigate tho trying situation of our lawyers, which is illustrated by information gathered in response to an inquiry of the Saxon Board of Attorneys as to the income of their members in 1922. This revealed that one lawyer had earned in the tntire year only 17,000 marks, while tho income of many others had not exceeded 30,000 marks in the year, which ia, ;St the average exchange rate in 1922 of 2000 marks to the pound, equivalent to , £15! ; ; Lawyers can,. however,' comfort themselves a little in view of the still worse fate of two other classes of educated Gert mans—namely, journalists and clergymen. As a consequence of the discontinuance of numerous German newspapers a large number of tho former are entirely out of work. The latter, by the severance of : Church and State after the revolution, have been bereft of their former fairly good income paid by the Treasury and recovered by-the State through special and high Church taxes. Tho State having stopped these payments,' clergymen are dependent upon the meagre voluntary gifts of their parish- . ionera.' To earn their livelihood they •york at present in the forenoons of the .veek-days as labourers or clerks in some factory or office, while only on Sundays and in the afteroons are they able to carry on their clerical duties.