A Philadelphia Lawyer in the London Courts — John Shaqi
A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
K. C.'s, indeed, are afforded their title in the reports--even in
the newspapers--but nowhere does it appear that "Leaders" are
appointed by the judge of a particular equity court to "take their
seats" and practice before him exclusively, being associated in each
case with "Juniors," who in turn have "Devils" to prepare their
cases; or that a leader may sever this relation and thereafter "go
special"; yet all these, and many other peculiar and inviolable
customs, are handed down from one generation to another to be
followed as if by instinct: and the profession would no more trouble
the busy world with such matters than a dog would feel it necessary
to explain that he turns thrice before lying down, simply because
his wolfish ancestor did so in order to make a bed in the grass.
In this environment of ancient custom, however, the American is
surprised to find the most up-to-date courts in the world and an
administration of law which is so prompt, so colloquial, so simple,
so free from formality and so thoroughly in touch with the ordinary
man's every-day life, as to provoke a blush for the tribunals of the
vaunted New World, still lagging in their archaic conventionality
and their diffuse and dilatory methods.
At home, the American has been perplexed by the threadbare assertion
that we have as many judges in a large city as has all England, but
he shortly learns that such comparison considers only the few judges
of the High Court, and ignores the others and the officials
performing judicial functions, so numerous that the little Island
fairly teems with its justiciary and that the implied criticism is
due to ignorance of the facts.
The trials, both civil and criminal, will reveal the complete
triumph of common sense and the Englishman will appear at his best
in his court, for there he leads the world. The hearty good humor,
alacrity and crispness of the proceedings, the absence of
declamation but the avoidance of monotony by the proper distribution
of emphasis, all combine to delight the practised observer.
The disciplining of the profession by means of a body to whom may
be privately submitted questions of morals and manners, mostly
solved by gentle admonition and rarely by severe action, will
suggest that our single punishment--disbarment--is so drastic as
rarely to be invoked and hence largely fails as a corrective.
From the "bobby" in the street, to the Lord Chancellor on the
Woolsack, from a hearing by a registrar to collect a petty debt, to
the donning of the black cap in order to sentence a murderer; all
will prove suggestive to the alert American who will nevertheless
depart with a feeling that, while there is room for improvement at
home, yet, upon the whole, there is much of which to be proud in our
administration of the sound old law of our ancestors.
The kindly aid of a number of English judges, barristers and
solicitors, by way of suggestion and criticism, is gratefully
acknowledged.
Public-domain text, read in full here on John Shaqi.
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