Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
It is suggested that the cumbersome necessity for a client to go
to a solicitor before he can obtain access to first-class advice is
an anachronism at this time. The inaccessibility of all persons has
greatly diminished in recent years, with the result that to keep up
the system of inaccessibility in respect of counsel is often both hard
on the client and on counsel. It is one of the greatest barriers to
the Bar as a means of livelihood. It renders a great profession a mere
speculation, from the financial point of view. It hampers barristers
who would otherwise be able to do as well as the average holder of a
medical degree, something which does not apply at present. A doctor of
medicine, a bachelor of medicine, or a person qualified by the conjoint
diploma of the Colleges of Surgeons and Physicians, has a profession
opened up to him which at least may be used to stave off starvation,
but in the Bar degree there is no tangible reason why starvation
should not be the very first obstacle encountered by the newly-called
forensic aspirant. In practice, of course, members of the Bar are
generally possessed of funds, great or little, but in theory there is
no particular reason why a “gentleman of the long robe” should not be
in some difficulty for the price of his dinner a week after his Call to
the Bar! If one is attacked by illness, one does not send for a chemist
or go to a chemist and instruct him to obtain a physician. One at once
establishes direct relations with the medical adviser. Why should not
this apply equally to the relations of client and counsel? To defend
one’s interests, to secure one’s rights, to punish the wrong-doer,
to advise, are among the functions of counsel. Why should he be cut
off from a client by the obligations of professional etiquette? Why
should professional etiquette exist which places the profession to
which it refers at the mercy of another profession, quite separately
and independently constituted? It is ridiculous to suggest that a
barrister--unless he is extremely well-known, a financial leader of his
profession--is selected by the solicitor’s client. The solicitor more
often than not has the matter in his own hands. Certainly, there is
nothing to prevent a client from going to a solicitor and naming his
prospective counsel and insisting on the employment of such counsel,
but it is not usual as the relations are worked in practice. It is
partly due to the fact that the average client is so hopelessly out
of his element in matters of law. He frequently goes to a solicitor
in trepidation, to almost involuntarily submit to an uncomfortable
process, which the solicitor selects or inflicts at his discretion.
The law is not as a rule a recreation for anyone, save a few persons
whose minds have been turned by years of litigation. Consequently, the
uninitiated client trusts his solicitor implicitly. He is like wet
clay in the hands of a potter. He does whatever is recommended. It
Public-domain text, read in full here on John Shaqi.
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