A Philadelphia Lawyer in the London CourtsLeaming, Thomas
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A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
But the principal costs "await the event"--follow the course of the
final judgment. They include an allowance for counsel fees, which,
however, is not always as much as the amount paid by the litigants.
For, if a litigant has indulged in the luxury of an unusual array of
counsel, he must do so at his own expense, and the Master allows
only what he should have laid out in fees. Thus, in a petty action,
caused by some personal pique, the plaintiff may have insisted that
his solicitor retain a K. C. at fifty guineas and a junior at
thirty-five guineas, involving a total expense, with three guineas
for the consultation, of eighty-eight guineas. The defendant,
however, has been content with a junior at "3 & 1." If the plaintiff
succeeds, the Master will not allow him the eighty-eight guineas,
but will decide that the more modest armament of the defendant would
have been sufficient.
Costs are, upon the whole, very high. In an ordinary action to
recover a moderate sum--say £200--the costs will generally amount to
£50. In a recent action to recover £60, the balance of the purchase
price of a motor car, costs were claimed of over £400, and actually
allowed in a sum over £200. Though this was exceptional, owing to
the unreasonable stubbornness with which a just claim was resisted,
and is by no means typical, yet it illustrates the possibilities of
the system.
In theory it seems reasonable that the party in the wrong
should reimburse the party in the right for having vexatiously
put him to expense in obtaining his due. In practice, however,
the prospect of large costs may stimulate unjust suits by
impecunious plaintiffs--unable themselves to respond in costs if
defeated--against richer defendants vulnerable for whatever the
chances of war may have in store for them. To this criticism English
lawyers can only answer that if the plaintiff is unable to give
security for costs, he may, in actions of tort, at least, be
remitted to the County Courts, where the costs are much lighter.
This, however, is merely a mitigation of the evil.
The general opinion seems to be that high costs discourage
litigation. This may be true, but if they tend as well to obstruct
the assertion of just rights and to stimulate fictitious claims,
they are not to be desired by the profession or by the laity.
Public-domain text, read in full here on John Shaqi.
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