1975, November, Pg. 2296. From our Readers.

4 Colo.Law. 2296

Colorado Lawyer

1975.

1975, November, Pg. 2296.

From our Readers

2296Vol. 4, No. 11, Pg. 2296From our ReadersOn Onions

Editor:I have found the article entitled "Peeling the English Onion: A Visit with the English Barrister" [September 1975] very interesting reading. It is a challenging question whether any legal system is more responsive to the inherent character of the people it serves than responsible for molding that character itself. I myself take the former position, even though there is bound to be overlapping.

I have spent some time in Great Britain, and despite the English origins of our common law there exist significant differences in the character of the English and American peoples that are reflected in the disparities Mr. Kane sees between the English and American legal systems. For example, the high level of "civility" found in the English legal system by Mr. Kane can be matched with the civility found in every strata of English society, between people on a day-to-day basis, and juxtaposed to the dismal lack of respect and callousness of people here at home. The character of a people is a subtle thing, but its effect on the institutions of society is enormous. If the American ideal has been to reach a perfect "middle-class" mediocrity, then perhaps middle-class values have become entrenched in the legal profession and explain why, "Overall, the minimum level of competence of the British barrister appears to be significantly higher than the minimum level of competence of the American trial lawyer."

It seems a rather strange phenomenon to me that this New World legal system of ours should be more costly, less efficient, more cumbersome and less relevant than the legal system which has developed from the one our founding father's fathers fled 300 years ago. It points up a tremendous shift in values. Frontier justice and late night visits by the vigilantes have been supplanted by a grotesque confusion of legalese, postponements, neurotic paper shuffling, continuances and pro forma objections.

For those of us committed to the restructuring, simplifying and civilizing of our legal system, I suggest that we study in great detail this national character of ours, its strengths and weaknesses, and the means by which a member of the Bar can respond to the legal needs of the people without...