A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
Partnerships, which are common between solicitors, are unknown to
barristers and anything approaching them would be the subject of
severe discipline. This is a fundamental law of the profession,
never questioned, as to which the rulings of the governing body of
the Bar (some of which will be quoted in a later chapter) relate
only to the application of the principle to different circumstances.
In order to appreciate the abhorrence of partnerships, it is
necessary to bear in mind the fact that the great science of the law
is to the barrister strictly a profession, having no affinity to a
business or a trade. No barrister can have the slightest personal
concern in the interests which he advocates, his fee being never
contingent, nor is he ever permanently retained by salary or
otherwise. He is a purely intellectual ally of the court in the
consideration of questions, more or less abstract, as to which he
merely supports the view he has undertaken to urge.
Upon the whole, professional rewards do not strike an American as
particularly large, remembering that the recipients are at the top
of the profession in London, which means the Kingdom.
One can not escape the impression that litigation in England deals
with minor matters as compared with that of America. There are no
American data for comparison with the admirable judicial statistics
of England, but, in listening to the daily routine of the London
courts, in the tight little Island with its dense population and
well-settled rights, there seems to be a complete absence of those
far-reaching litigations which arise in America, involving enormous
sums, or conflicting questions concerning a whole continent, with
its railroads and rivers extending as avenues of commerce for
thousands of miles and with ramifications of trade running into many
States, each with its separate sovereignty.
One circumstance rather indicates that the popular estimate of fees
is above the truth, and this is the acceptance of judgeships by the
most eminent barristers; still, judicial salaries in England are
high--£5,000 at the least--not to speak of the compensation of the
Chief Justice and Lord Chancellor, which are more.
Public-domain text, read in full here on John Shaqi.
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