A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
It was not unknown to him that some lawyers in England are called
barristers, some solicitors, and he had a vague impression that the
former, only, are advocates, whose functions and activities differ
from those of the solicitor; but he was hardly conscious that the
two callings are as unlike as those of a physician and an
apothecary. It requires personal observation to see that the
barristers, belonging to a limited and somewhat aristocratic corps,
less than 800 of whom monopolize the litigation of the entire
Kingdom, have little in common with the solicitors, scattered all
over England. The former are grouped together in their chambers in
the Inns, their clients are solicitors only, they have no contact,
perhaps not even an acquaintance, with the actual litigants and a
cause to them is like an abstract proposition to be scientifically
presented. The solicitors, on the other hand, constitute the men of
law-business, whose clients are the public, but who can not
themselves appear as advocates and must retain the barristers for
that purpose.
Again, it is difficult to grasp fully the influence exercised
through life by the barrister's Inn--that curious institution, with
its five hundred years of tradition--voluntarily joined by him when
a youth; where he has received his training; by which he has been
called to the Bar and may be disbarred for cause, and upon the
Benchers of which Inn he must naturally look as his exemplars,
although the Lord Chancellor may be the nominal creator of King's
Counsel and the donor of judge-ships. The impulse of these Inns is
still felt at the American Bar, despite more than a century's
separation, for, about the time of the Revolution, over a hundred
American law students were in attendance, not only acquiring, for
use in the new country, a sound legal training, but absorbing the
spirit of the profession which has been transmitted to posterity,
although its source may be forgotten.
Nor will anything he has read prepare the American for the abyss
which separates the common law barrister, who spends his days in
jury trials, from the chancery man, who knows nothing but equity
courts; nor for the complete ignorance, if not contempt, with which
they seem to regard each other.
Public-domain text, read in full here on John Shaqi.
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