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
"_Barrister Recommending another Barrister as his Leader or
Junior_: A barrister ought not to recommend another as his
leader or junior. And such questions as, who is the best
man for a witness action in such a court? Which leader is
_persona grata_ in such a court? Do you get on all right
with X--as your leader? are improper questions and should
not be answered." An. St. 1902-1903, p. 3.
Illustrative of this ruling was a recent investigation of the charge
that a barrister, about to leave town, had recommended another
barrister to a solicitor--the objections being that such an act
would not only violate the etiquette which forbids any barrister to
laud or decry another barrister to a solicitor, but also that it
might savor of co-operation in the nature of a partnership which
would never be tolerated. The defence was successful, however, in
showing that they were old Eton schoolmates and the solicitor knew
them equally well.
The above extracts show how broad in scope and minute in detail are
these authoritative rulings on every phase of professional life and
daily practice in England. Many of them would be totally
inapplicable to American conditions, and, beyond affording a glimpse
of peculiar customs and an elaborate etiquette, possess little value
here. They do, however, show that the experience of the best Bar in
the world justifies the existence of such a body ready to declare
the standards of professional propriety.
It should not be inferred that in England there is no lapse from
such standards. It requires some diligence to discover individual
shortcomings, but inquiry will develop that even "ambulance
chasing" is not unknown--although greatly reprehended and despised.
If the American observer, on watching the trial of an action,
perhaps against an omnibus company for personal injuries, will
cautiously comment upon the array of solicitors and counsel
representing a plaintiff apparently not possessed of a sixpence,
and express wonder that he is able to afford it, the information
will be forthcoming that some solicitor's clerk was probably in a
neighboring "pooblic" and, hearing of an accident, had followed the
injured man, perhaps to the hospital, and got the case for his
master, whose remuneration would depend upon the result. Pressing
the inquiry further as to whether the solicitor advances the
barrister's fees, it will reluctantly be admitted that some
barristers have relations with solicitors that should not be looked
into too closely--in other words that their fees are contingent. But
it will also be added that they are taking great risks of exposure.
Public-domain text, read in full here on John Shaqi.
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