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ness men of any nation experience an increasing necessity of dealing with business men of other nations and are forced to rely upon the medium of foreign languages and law for the conduct of negotiations and the conclusion of agreements, the demand for the "International Lawyer" will continue to grow, because such a lawyer is coming to be an indispensable medium of right understanding between the parties interested.

Costs.

For every litigant the second most important question is that of costs. The provisions of the German Code of Procedure on this point are fundamentally based upon a clear and unequivocal principle, the soundness of which can hardly be disputed, and they are applied with that consistent and logical regard for principle which has come to be axiomatic of German exactness in their domestic affairs. The matter involved in any litigation is conceived of primarily as an object of value whether real or ideal, something deemed to be capable of expression in terms of value and which is claimed by one party from some other party. In the same way that we are accustomed to say that "trade follows the flag" so we may say of German litigation that "costs follow the object," that he who wins the object must be indemnified in respect to his costs. Expenditures both in money and in time incurred by a party in legitimately enforcing or resisting a claim are regarded as being strictly a by-product or incident of the litigation and therefore subject to the like regulation as the object itself. The costs incurred in enforcing or resisting a claim are conceived of as being, so to speak, a part of the damage or detriment caused to the rightful party by the other and therefore subject to the strict principle of restitution.

Hence Section 91 (Z.P.O.) clearly and boldly provides that the vanquished party shall bear the costs and expenses of the litigation, which costs include all legitimate costs and disbursements such as retainers, fees and advancements to counsel, moneys paid into court for costs, the payment of

mileage, witness fees, etc. Under our system the "taxable costs" comprise only a comparatively small part of the total costs of the successful litigant, so that all costs and disbursements in excess of those allowed by the Taxing Master must come out of the client's pocket. In Germany the successful litigant secures full and complete reimbursement of all outlays, including especially the costs and charges of his own lawyer or lawyers according to the number of courts before which the matter may have come until a final judgment has been reached. The only condition imposed is that the costs incurred, for which re-imbursement is claimed, shall not extend beyond reasonable limits, otherwise such excess must be borne by the party out of his own pocket.

As far as the theory and philosophy are concerned it is therefore true that the successful German litigant emerges from the conflict in full possession of his rights and with full re-imbursement of his costs incurred in the defense of his rights. In practice it is quite as impossible in Germany as elsewhere to "extract juice from a pressed lemon," so that even German thoroughness is unable to prevent the victor from being a loser sometimes, for, if the vanquished party cannot pay, the victorious party must.

Nature of Lawyer's Services.

The services performed by a lawyer for his client are considered as being in the nature of a contract for the performance of services in consideration of the remuneration prescribed in the fixed tariff of lawyers' fees or for a special remuneration, which latter must, however, be expressly agreed upon and assented to by the client; in other words, the principle of freedom of contract obtains and, where no express agreement for the payment of higher fees exists, it is understood that the regular tariff shall apply.

Fancy Retainers Not the Rule.

As a rule the German lawyer is content with the prescribed scale of fees, although the same in comparison with

the charges of English and American lawyers frequently seems ridiculously small. There are various reasons for this. The German system is subject to so many restrictions imposed upon the lawyer-such, e. g., as his restricted field of practice consequent upon his admission to a particular court only and not to the bar generally, his inability to follow his client's case into the next higher court of appeal and the constant competition of young lawyers hungry for even the smallest fees-that his whole environment is not conducive to the growth of such great "reputations for advocacy" as characterize the British and American Bars and serve to lift a few favored ones to those pleasing altitudes where fame, fees and refreshers become the almost daily incidents of an ever-widening practice.

Popular Fame.

Nevertheless, there are some few exceptions to this rule, but they are to be found mainly among those lawyers who devote themselves to practice before the Criminal Courts. In recent years Germany has had her full share of causes celebres, such as the famous Harden-Eulenburg case, in which the close relationship of some of the parties to the Kaiser and his court caused international attention to be focused upon the proceedings.

German Slingsbys and Carsons.

Then there was the famous Quileckie case which was to all intents and purposes a "German Slingsby Case" and which afforded full scope for the "German Carsons" to fill the public eye and ear too-for your successful German criminal lawyer is a decidedly loud talker.

Liebknecht and the Krupp Scandals.

These and numbers of other cases belonging to the same same category, such as the proceedings resulting from the unearthing of the famous Krupp scandals through that in

defatigable and uncompromising people's tribune, the Socialist lawyer, Liebknecht, have served to fill the columns of the German newspapers day after day, with the inevitable result that, although it is contrary to the etiquette and usage of the legal profession to advertise, certain of its members have been thus so thoroughly advertised that it may truly be said of them, "they opened their morning newspapers at breakfast and found themselves famous," whereafter the doors of their chancelleries were beleagured by expectant clients. In this respect at least there is obviously a great similarity of the German to the rest of mankind.

The Divorce Lawyer.

Then, too, there is the divorce lawyer, whose enduring claim to fame and fortune rests upon his ability to put asunder those whom God hath joined together. Next to a crime a divorce seems to exercise an irresistible fascination on most people, especially on those of the gentler sex. The German lawyer who is fortunate enough to have a highly interesting shall we say piquant?-case of this class may fairly hope to rival his criminal colleague in attaining to fame and fortune by the short and direct route of widespread publicity in the daily press. Both the criminal lawyer and the divorce lawyer avail themselves to the full of the advantages afforded them by the freedom of contract under German law and make it a point to specifically agree upon a remuneration corresponding to their ability and reputation.

These exceptions, however, which are by no means peculiar to Germany, should not be unduly magnified, and, when proper allowance is made for them, it still remains true that the rank and file of German lawyers serve their clients conscientiously within the rather restricted scope which the law prescribes for the uniform and decidedly reasonable fees established by the lawyer's Tariff of Fees (AnwaltsGebushrenordnung.) There are no "daily refreshers," and it is not the custom to employ associate counsel; indeed,

if such be employed, their combined taxable fees may not, according to the provisions of the code, exceed the total of fees which might be rightfully claimed by a single lawyer. Thus the multiplication of counsel enures to their mutual disadvantage instead of increasing their combined fees, for such increase is not taxable, and the successful litigant would regard himself as robbed of half his victory if he had to pay any considerable share of the costs out of his own. pocket. JAMES HARRIS VICKERY.

LONDON, ENG.

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