Coughlan, Thomas E.

English

Notre Dame Law School: NDLScholarship

Notre Dame Law ReviewVolume 8 | Issue 2 Article 71-1-1933Are You Afraid to Go to CourtThomas E. CoughlanFollow this and additional works at: http://scholarship.law.nd.edu/ndlrPart of the Law CommonsThis Note is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by anauthorized administrator of NDLScholarship. For more information, please contact lawdr@nd.edu.Recommended CitationThomas E. Coughlan, Are You Afraid to Go to Court, 8 Notre Dame L. Rev. 250 (1933).Available at: http://scholarship.law.nd.edu/ndlr/vol8/iss2/7NOTRE DAME LAWYERspeaker also reminded the law students that the business man is nowmore than ever before dependent upon the skill of his personal legaladviser, and -the lawyer's livelihood depends upon the confidence andrespect of his business friends. He pointed out that fairness to a clientcan go no further than a presentation of the facts in a case as they are;to do more is to betray the profession. After his address. Mr. O'Mearaintroduced his classmate, Mr. Clement C. Mitchell, a member of theUniversity Board of Lay Trustees.Through the efforts of Dean Konop and Joseph Deeb, Presidentof the Law Club, on December 17, Mr. Aaron Huguenard, practicingattorney of South Bend, lectured to members of the Senior class. Mr.Huguenard, in a very interesting manner, discussed valuable and in-structive points essential to the organization of a corporation. The.lecture was informal, Mr. Huguenard answering questions presentedby the members of the Senior class. This proved to be very effectivein clarifying perplexities which arise in the course of the organizationof a "body politic." He also treated the importance of makingstocks and bonds attractive to prospective buyers, and the variousmeans employed to achieve this end.Another important help to the Seniors has been rendered by DeanKonop in the senior seminar. He has been constantly generous andhelpful with constructive suggestions as to preparations for bar ex-aminations and practice. A conscious effort is being made in theTuesday morning seminar to minimize the gap between theory andpractice.Daniel C. Lencioni.ARE YOU AFRAID TO GO TO COURT?The trepidation which some, or as the author says, most peoplefeel when they are made defendants in a law suit, is the subject ofan article published in the January issue of "The Rotarian" by anun-named trial lawyer. The author discloses that this fear of a suitis even common to lawyers when they become one of the parties to alawsuit. The account of his own experience as defendant in a suitbrings out facts which must be experienced by most people who areparties to litigation.It is stated that "the average person when subjected to examinationand cross-examination is antagonistic and resentful." To remedy thisfeeling of resentment that a witness feels for the examining attorney,the author lists a number of rules for the benefit of witnesses; theserules being set out in a series of "Don'ts." This advice contains someARE YOU AFRAID TO GO TO COURT?general rules of evidence and procedure which those connected withthe practice of law will recognize as basic principles of trial practiceand legal ethics.To those unaccustomed to the domain of judges and lawyers, acourt seems to be a strange, unpleasant, and awful place. As theauthor states, the average person would change his idea of a court oflaw if he only understood the real function of the courts. Instructionof the public in legal aims and procedure would probably dispel allthe false ideas of the courts which the average person has.As to how this enlightening is to be accomplished, the generalpublic is advised to familiarize themselves with law and its intricaciesby visiting courts while they are in session. By witnessing the trial ofa lawsuit, a person in a neutral position would get an idea of hownecessary all the "mysterious" steps in a trial are for the adminis-tration of justice. He would see that although a litigant himself knowsthat he is right, he must prove it to the judge or jury.Familiarity with legal procedure and some of the general rules ofevidence would save much valuable time spent during a trial trying tobring out certain facts. If the witness realized how the examiningattorney must bring out the facts and that all the witness has to dois tell the truth, much of the fear of lawsuits would disappear. A littleknowledge of how a trial is conducted would apprise the averageperson of the fact that as a witness, he must state facts and notopinions; that he should not argue with the examiner; that he shouldnot answer an unfair question with "yes" or "no"; that he shouldthink of the question before he answers; that he must always tell thetruth.An article on lawsuits, such as the one mentioned above, can domuch towards enlightening the average person so that he will losehis trepidation on getting a summons to appear in court. Most peoplenow realize that honest differences will arise in dealings with theirfellow men, and the only way to finally settle these differences is in alawsuit. The witness should feel that the aim of the courts is topromote justice and not to awe or confuse the people for whom thecourts exist. With this in mind, an honest and innocent person needhave no fear of a summons to court.Thomas E. Coughian.

Are You Afraid to Go to Court

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Are You Afraid to Go to Court

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