A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
The leader for the appellant opens, stating the case with great
particularity, and reads from the evidence, documents and charge to
the jury at great length. Much time is thus spent because, for no
discoverable reason, but probably due to ancient custom and lack of
enterprise, the material is all in manuscript, often illegible and
with occasional errors in the copies of the Court and opposing
counsel. The result is tedious and prosy and an American auditor
gets an unfavorable impression at this stage of the argument; an
impression, however, which is later dispelled.
During the irksome opening, the court has been getting a grasp of
the case, as becomes apparent when the argumentative stage is
reached, for then there ensues a good tempered, courteous, informal
debate between the several gentlemen, comprising the court and
counsel. There is no "orating" and no declamation. The positions of
the opponents are stated rapidly and smoothly. Each, as enunciated,
is taken up by one or more members of the court and distinct
intimation given whether the court agrees with the speaker. In case
it does, he may pass on. On the other hand, deferential dissent may
warn him to strengthen his position, or a frank expression of doubt
may be accompanied by a friendly invitation to the other side to
contribute suggestions.
At the conclusion, judgment is rendered orally, in nine cases out of
ten, by the presiding Lord Justice, as the last speaker resumes his
seat. Then follow the opinions of the associate Lord Justices of
Appeal, concurring or dissenting, all expressed with the utmost
frankness and spontaneity. These are taken down stenographically,
and, after revision, sometimes by the judge himself, find their way
into the books to become authorities. Occasionally a "considered
judgment" is reserved to be delivered within two or three days.
The contrast presented by these methods (for the system is not
essentially different) to the average American appeal is very great.
In America, only the ablest men know by a kind of intuition upon
what points their cases will turn, and one often hears a more or
less stereotyped speech delivered to a court sitting like silent
images, without the slightest intimation to the speaker whether he
is wasting effort upon conceded points, or slighting those upon
which he may discover by the written opinion--delivered months
afterwards--he has won or lost.
Sometimes these friendly debates in an English court of appeal are
witty, and they are often rather amusing. In a case recently argued,
the defendant, a real estate owner, appealed from a judgment for
£300. against him for wrongfully evicting his tenant, the plaintiff,
and putting his sick wife and furniture out on the sidewalk in the
rain. There was not much to be said in his favor upon the merits of
his act, but his counsel argued that plaintiff's advocate had used
inflammatory language in his speech to the jury.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account