A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
"It is not permissible, or in accordance with professional
etiquette, for a counsel to hand over his brief to another
counsel to represent him in court as if the latter counsel
had himself been briefed; unless the client consents to
this course being taken.... In the Chancery Division it is
not the practice for one junior to hold a brief (other
than a mere formal one) for another and the same is true of
King's Counsel."
"In the King's Bench Division, in the case of juniors, it
is not uncommon for one counsel to devil a brief for
another: but in the case of King's Counsel it is very
seldom done."
"There is no rule or settled practice governing the
remuneration for devilling, or assistance given by one
counsel to another, in the cases above referred to."
"With regard to juniors, it is a common practice in the
Chancery Division for the one counsel to remunerate the
other by paying him an agreed proportion, generally one
half, of the fees the former receives in respect of
opinions or drafting. In the King's Bench Division,
remuneration for devilling of briefs or assistance in
drafting opinions is not common. In both Divisions
occasionally such work is remunerated either by casual or
periodical payments."
"An arrangement of this kind is also not unfrequently made
in the case of a King's Counsel who desires regular
assistance from a junior in the perusal and noting of his
briefs."
"So far as the Council are aware, there is no practice to
pay any remuneration in the rare cases where one King's
Counsel holds a brief for another."
"In conclusion the Council desires to say that no practice
in the least resembling a partnership is permissible or (so
far as they know) practiced between Counsel: and they are
of opinion that the etiquette of the profession forbids the
handing over of work by one counsel to another, outside of
the conditions above stated." An. St. 1902-1903, p. 4.
A large number of resolutions deal with the subject of fees and
refreshers. Thus, it is held that while the Council is not a
debt-collecting body, yet, where it is "in the interest of the whole
profession" that solicitors who default in payment should be
"exposed and punished" assistance may be given by the Council to a
barrister in taking proceedings before the Statutory Committee of
the Law Society--the solicitor's governing body. (An. St. 1901-1902,
p. 13.) Again it was resolved that a junior Chancery man was not
precluded by the etiquette of the Bar from accepting a refresher
less in amount than two-thirds or three-fifths of the refresher
accepted by the leader. (An. St. 1903-1904, p. 14.)
Public-domain text, read in full here on John Shaqi.
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