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 solicitor, whose client may be the plaintiff or the defendant,
has prepared the case and knows its ins and outs as well as the
personal peculiarities of the parties and witnesses who will be
called, but he is unable to take any part in the trial and can only
whisper an occasional suggestion to the barristers he has retained,
by craning his neck backward to the leader behind him. This leader
is a newcomer into the case. He is a K. C. (King's Counsel) who has
been "retained" by the solicitor upon payment of a guinea followed
by a large "agreed fee," and he leaves the "opening of the
pleadings" to the junior immediately back of him, while the latter,
in turn, has handed over the preparation to his "devil" who is
seated behind him.
Thus, the four men engaged on a side, instead of being grouped
around a counsel table, as in America, are seated one in front of
the other at different levels, rendering a general consultation
difficult when questions suddenly arise. The two men on each side of
the case who know most about it have no voice in court, for the
devil is necessarily as mum as the solicitor, and the name of the
former does not even appear in the subsequent report of the trial.
How this comes about requires some acquaintance with the different
fields of activity of barristers and solicitors, which will be
referred to later.
In thus glancing at an English court, an American's attention is
sure to be arrested by the wig. The barrister's wig, for his
ordinary practice in the High Court, has a mass of white hair
standing straight up from the forehead, as a German brushes his;
above the ears are three horizontal, stiff curls, and, back of the
ears, four more, while behind there are five, finished by the queue
which is divided into tails, reaching below the collar of the gown.
There are bright, shiny, well-curled wigs; wigs old, musty, tangled
and out of curl; some are worn jauntily, producing a smart and
sporty effect, others look like extinguishers. So grotesque is the
effect that it is difficult to realize that these men are not
mummers in some pageant of modern London, but that they are serious
participants in grave proceedings.
Not only the eye, but the ear will convey novel and favorable
impressions to the observer. He will be struck by the cheerful
alacrity and promptness of the witnesses, by the quickness and
fulness of their responses, by a certain atmosphere of complete
understanding between court, counsel, witnesses and jury, and more
than all, by the marked courtesy, combined with an absence of all
restraint, and a perfectly colloquial and good-humored interchange
of thought. It is hard to define this, but it certainly differs from
the air of an American tribunal where the participants seem almost
sulky by comparison. The Englishman in his court is evidently in his
native element and appears at his best.
Public-domain text, read in full here on John Shaqi.
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