A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
At the trial, the junior merely "opens the pleadings" by stating in
the fewest possible words, what the action is about--that it is,
perhaps, a suit for breach of promise of marriage between Smith and
Jones, or to recover upon an insurance policy for a loss by
fire--and then resumes his seat, whereupon the leader--the great K.
C.--really opens the case, at considerable length and with much more
detail and argument than would be good form in an American court. He
states his side's contention with particularity, reads documents and
correspondence (none of which have to be proved unless their
authenticity is disputed--points which the solicitors have long ago
threshed out) and he even indicates the position of the other side,
while, at the same time, arguing its fallacy. Having done this, he
leaves it to the junior to call the witnesses--more often he
departs from the court room to begin another case elsewhere, and
returns only to cross-examine an important witness on the other
side, or to make the closing speech to the jury. In this way a busy
leader may have several trials going on at once. The junior then
proceeds to examine the witnesses with the help of an occasional
whispered suggestion from the solicitor, who is more than ever
isolated by the departure of the leader, and the devil is proud when
the junior audibly refers to him for some detail.
If the leader is absent, which frequently happens notwithstanding
his fee has been paid, inasmuch as no case is deferred by reason of
counsel's absence, the junior takes his place, while the solicitor
grumbles and more devolves upon the devil.
Occasionally, indeed, both leader and junior may be elsewhere and
then is the glorious opportunity of the poor devil, who hungers for
such an accident, for he may open, examine, and cross-examine, and,
if neither his junior nor his august leader appear, he may even
close to the jury. The solicitor will be white with rage and
chagrin, wondering how he shall explain to the litigant the absence
of the counsel whose fees he has paid, but the devil may win and so
please the solicitor that the next time he may himself be briefed as
junior. This is one of the things he has read of in the Lives of the
Lord Chancellors.
The devil is in no sense an employee or personal associate of the
junior--which might look like partnership, a thing too abhorrent to
be permitted. On the contrary, he often has his own chambers and
may, at any time, be himself retained as a junior, in which event
his business takes precedence of his duties as a devil, and he then
describes himself as being "on his own."
Having gained some identity, and more or less business "on his own"
from the solicitors, a devil gradually begins to shine as a junior,
whereupon appears his own satellite in the person of a younger man
as devil, while the junior becomes more and more absorbed in the
engrossing but ever fascinating activities of regular practice at
the Bar.
Public-domain text, read in full here on John Shaqi.
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