A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
If an action involve no more than £100, a solicitor may seek the
County Courts--for there are seven of such courts for the county of
London. The advantage in so doing is chiefly in the smaller costs,
which are a serious matter to all English litigants, and almost
prohibitive to the poor. The judge of a county court must be a
barrister of at least seven years standing and generally hails from
London. He is appointed by the Lord Chancellor and receives a salary
of £1,500. His title in court is "Your Honor", as distinguished from
a judge of the High court, who is addressed as "My Lord" or "Your
Lordship," and from a magistrate, who is called "Your Worship."
In the county courts, solicitors "have audience", that is, they
may, equally with barristers, address the court and jury; in other
words, they may be the actual trial lawyers, whereas, in the High
Court barristers alone are heard. In addressing the court, they must
wear a black gown, but no wig. Barristers, except locals, are
infrequently seen in the county courts; the amounts involved
scarcely warrant retaining them. But, for some years, the tendency
has been to increase the limit of jurisdiction of these courts and
their importance is steadily growing. In this connection it may be
mentioned, too, that agitation appears to be making some progress
for removing all limitation of the jurisdiction of the county courts
with, however, a right to the defendant to remove a cause to the
High Court when more than a certain sum is involved, thus creating a
sort of solicitor-advocate. But the outcome of all this is, at the
moment, problematical. At present, to prevent solicitors developing
into pure advocates even in the county courts, a law forbids one
solicitor retaining another to conduct the actual trial.
The Registrar's Court in a great town, like Birmingham, will be
found in the county court building. The court room is large, but
usually contains only a few people, of the lower class, and the
registrar, in black gown and wig, sits on a raised dais. In the High
Court, the American observer has been accustomed to associate a gown
only with the barrister--never with the solicitor. In the county
courts, however, he has seen solicitors practicing as advocates, in
minor cases, and wearing gowns; but until he visits a registrar's
court he has never seen a wig except upon the head of a barrister or
of a judge; and all judges have once been barristers. He is
therefore surprised to learn that, notwithstanding his attire, the
registrar is a solicitor, appointed to his position by the county
judge.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account