A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
"_Commissions or Presents from Barristers_: Any barrister
who gave any commission or present to any one introducing
business to him would be guilty of most unprofessional
conduct which would, if detected, imperil his position as a
barrister." An. St. 1899-1900, p. 6.
Again:
"_Fees to Barrister's Clerk_: The clerk of Mr. A. informed
the clerk of Mr. B. that the latter (Mr. B.) had received a
brief on circuit because he had recommended the solicitor
to Mr. B. (as was the fact) and suggested that Mr. B.
should give him the clerk's fees which he would have
received on it, had Mr. A. been on circuit and so able to
accept the brief. Mr. B., considering that such a practice
might lead to serious abuses, if it were countenanced,
requested a pronouncement of the Council on the matter.
The Council expressed the opinion that the practice
referred to is absolutely improper." An. St. 1904-1905 VII,
p. 11.
A number of rulings serve to define the limitations or partial
exceptions to the rule that a barrister's clients are exclusively
solicitors and that he must never be in direct contact with
litigants themselves.
For example:
"_Non-contentious Business_: There is no rule against a
barrister advising in non-contentious business without the
intervention of a solicitor, but it is an undesirable
practice. If fees should be taken for such opinion, such
fees must be marked and paid in the usual way, and on the
ordinary scale, not by way of annual payment or salary."
An. St. 1896-1897, p. 11.
Also:
"_Counsel advising on Case submitted by Colonial
Advocates_: A counsel does not commit any breach of
etiquette in advising, without the intervention of an
English solicitor, on a case submitted to him by a colonial
advocate in a colony where the professions of barrister and
solicitor are combined." An. St. 1902-1903, p. 11.
On the other hand, it was held that a barrister "should not" appear
as spokesman for a deputation of contractors waiting upon a public
body, nor on behalf of an application for a license, without the
intervention of a solicitor.
The preservation of the barrister's dignity in his relations with
the solicitor seems to have induced this:
"_Conferences at a Solicitor's Office_: The Council have
expressed an opinion that as a general rule it is contrary
to etiquette and improper for a barrister to attend
conferences at a solicitor's office, but that under
exceptional circumstances the rule may be departed from."
An. St. 1904-1905, p. 10.
The complicated subject of one barrister assisting another, usually
in the capacity of a devil, while avoiding quasi-partnerships, has
been the occasion for frequent resolutions by the General Council of
the Bar, of which the following are a few:
Public-domain text, read in full here on John Shaqi.
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