A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
As has been said, solicitors are to be found in every town in
England, whereas barristers, with minor exceptions to be noted, all
hail from the London Inns of Court. People living in the country or
in provincial towns, especially the larger ones, such as Liverpool
and Manchester, of course consult local solicitors. If litigation is
contemplated, the solicitor advises his client and conducts the
sparring and negotiations which usually precede a lawsuit. But when
actual warfare opens, the provincial solicitor generally associates
himself with a London solicitor who is known as his "agent"; and
hence "agency business" constitutes a considerable portion of the
practice of a large firm of town solicitors. The Manchester or
Liverpool solicitor does all the work and receives the fees up to
the time he sends the "proofs" to the agent--that is, the documents,
statements of witnesses reduced to affidavits, and the other items
of evidence--and dispatches the witnesses to the trial in London,
which usually however, he does not attend himself, although, of
course, he sometimes does so. The London solicitor retains the
barristers, and is thereafter in complete charge of the case. The
newspaper reports of trials of cases from the provinces, after
giving the names of the barristers, always mention the London
solicitor as agent for the country solicitor whose name also
appears. The fees are shared from the time of association; one-third
to the country, and two-thirds to the town solicitor. This is not
unlike the manner in which our lawyers handle business in States
other than their own--but it is much more systematized. If, however,
the provincial solicitor prefers to await the Assizes (which he may,
except in divorce, probate, equity and some other kinds of business)
he may bring his action in the High Court, sub-offices of which are
available throughout the country for the issuance of writs, and,
having retained a barrister, may try the case in his own town when
the judge of the High Court comes down from London thrice a year on
circuit.
These Circuits of the High Court are arranged with regard to the
volume of business and the contiguity of centres of population,
without reference to county boundaries, and the same judge is rarely
designated to repeat his visit to a circuit until it is reached
again in regular rotation. To some circuits, like the Northern,
where the business is very heavy, two judges are sent. At these
Assizes, both civil and criminal business is handled, and, if there
be two judges, one court room is devoted to the former and the other
to the latter.
Public-domain text, read in full here on John Shaqi.
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