A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
In all England and Wales only about 17,000 solicitors took out
annual certificates last year. This indicates the number of offices
and does not include clerks (many of whom have been admitted to
practice as solicitors), nor those who, for one reason or another,
do not practice. Instead of being concentrated, like the barristers,
in the Inns of Court in London, solicitors are scattered all over
the town and throughout the Kingdom itself. Some, especially in the
minor towns or poorer quarters of London, are in a small way of
business and must earn rather a precarious living. Others are of a
still lower class and seek business of a more or less disreputable
character by devious methods, but all are supposed to have been
carefully educated in the law and are answerable to their Society
and to the courts for questionable practices.
The division of the profession between the solicitors and the Bar is
no doubt a survival in modern, or socialistic, England of
aristocratic conditions which it is the tendency of the times to
weaken, if not eventually to abolish. It is somewhat hard upon the
solicitor of real ability to be confined to a limited field and to
feel that, no matter how great his powers and acquirements, it is
impossible to rise to the best position in his profession without
abandoning his branch and beginning all over again in the
barrister's ranks.
In associating with solicitors, one can not fail to be struck by
their attitude towards barristers, as a class, which is hardly
flattering to the latter; they frequently allude somewhat lightly to
them as though they were useless ornaments and as if such a division
of the profession were rather unnecessary. Upon asking whether the
distinction exists in America, they receive the information that it
does not with evident approval.
The advantages, however, of the separation of the functions of the
solicitor from those of the barrister are distinctly felt in the
superior skill, as trial lawyers, developed by the restriction of
court practice to the limited membership of the Bar, which would
hardly exist if the practice were distributed over the whole field
of both branches of the profession. Then, too, the small number of
persons composing the Bar enables greater control by the benchers
over their professional conduct, and helps to maintain a high
standard of ethics and the feeling of _esprit de corps_. Moreover,
the Bar is not distracted from the science, by contact with the
business, of the law and it is saved from the contaminating effect
of participation in the sordid details of litigation. At the same
time, this very condition may be calculated to develop in the
average barrister, as distinguished from one of real ability, an
attitude approaching dilettanteism.
Public-domain text, read in full here on John Shaqi.
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