A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
Somewhat in the same line is the following: "A King's Counsel should
refuse all drafting work and written opinions on evidence as being
appropriate to juniors only; but a King's Counsel is at liberty to
settle any such drafting and advice on evidence in consultation with
a junior. A King's Counsel in accordance with a long-standing 'Rule
of the Profession' cannot hold a brief for the plaintiff on the
hearing of a civil cause in the High Court, Court of Appeals or the
House of Lords, without a junior. It is the usual practice for a
King's Counsel to insist on having a junior when appearing for the
defendant in like cases and when appearing for the prosecution or
the defence on trials of criminal indictments". An. St. 1901-1902,
p. 4.
The following is more general than most of the resolutions as it
states a fundamental rule rather than its refinements:
"_Junior and Leader._ _Proportion of Fees._
_Refreshers_:--By long-established and well-settled custom
a junior is entitled to a fee of from three-fifths to
two-thirds of the leader's fee, and, although there is no
rigid rule of professional etiquette which prevents him
from accepting a brief marked with a fee bearing a less
proportion to his leader's fee, it is in accordance with
the practice of the profession that he should refuse to do
so in the absence of special circumstances affecting the
particular case and that he should be supported by his
leader in such action. An. St. 1900-1901, p. 8. (The
Council of Incorporated Law Society dissent from the view
expressed in this resolution). The same rule applies to
refresher". An. St. 1896-1897, p. 11.
The necessity for a barrister upon accepting a brief in a circuit of
which he is not a member, to see that the solicitor retain a junior
belonging to the circuit, which will later be explained, is
recognized in the following resolution:
"_Special Fees at Assizes_:--The universal practice of the
circuits since June 1876 (when the matter was considered by
a Joint Committee of all the Circuits) is that a counsel
going special on to one circuit from another circuit
should, if a King's Counsel, have a special fee of 50
guineas in addition to the brief fee, and that one member
of the circuit should be employed on the side on which the
counsel comes special." An. St. 1899-1900, p. 8.
A resolution provides for the settlement of disputes between
barristers and solicitors by their entering into an agreement to
leave the questions to arbitration, the board to be composed of the
chairman of the General Council of the Bar (or some member of that
Council to be named by him) and the President of the Incorporated
Law Society (or some member thereof to be selected by him). An. St.
1897-1898, p. 9.
The following is a curious resolution:
Public-domain text, read in full here on John Shaqi.
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