A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
Reaching a certain degree of prominence, a junior at the common-law
Bar may next "take silk;" that is, become a K. C., or King's
Counsel, which has its counterpart at the Chancery Bar, as will be
explained later when dealing with the division between the law and
equity sides of the system. Whether a barrister shall "apply" for
silk is optional with himself and the distinction is granted by the
Lord Chancellor, at his discretion, to a limited, but not
numerically defined, number of distinguished barristers. The phrase
is derived from the fact that the K. C.'s gown is made of silk
instead of "stuff," or cotton. It has also a broad collar, whereas
the stuff gown is suspended from shoulder to shoulder.
Whether or not to "take silk," or to become a "leader," is a
critical question in the career of any successful common law or
chancery barrister. As a junior, he has acquired a paying practice,
as his fee is always two-thirds that of the leader. He has also a
comfortable chamber practice in giving opinions, drawing pleadings
and the like, but all this must be abandoned--because the etiquette
of the Bar does not permit a K. C. or leader to do a junior's
work--and he must thereafter hazard the fitful fancy of the
solicitors when selecting counsel in important causes. Some have
taken silk to their sorrow, and many strong men remain juniors all
their lives, trying cases with K. C.'s much younger than themselves
as their leaders.
They tell this story in London: A certain Scotch law reporter
(recently dead), noted for his shrewdness and good judgment, having
been consulted by a barrister whether to "apply for silk," advised
him in the negative, but declined to go into particulars. The
barrister renewed his inquiry more than once, finally demanding the
Scot's reason for his advice. The latter reluctantly explained that
the barrister had a good living practice which he would be foolish
to give up. Being further pressed, he finally said: "In many years'
observation of the Bar I have learned that success is only possible
with one or more of three qualifications, that is, a commanding
person, a fine voice, or great ability, and I rate their importance
in the order named. Now, with your wretched physique, penny-trumpet
voice, and mediocre capacity, I think you would surely starve to
death." The barrister did not "apply," but never spoke to the
Scotchman again.
The anecdote illustrates the crucial nature of the step when taken
by any barrister, and even if taken with success, yet there are
waves of popularity affecting a leader's vogue. Solicitors get vague
notions that the sun of a given K. C. is rising or setting--that the
judges are looking at him more kindly or less so, therefore K. C.'s
and leaders who were once overwhelmed with business, may sometimes
be seen on the front row with few briefs.
Public-domain text, read in full here on John Shaqi.
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