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
is true that a solicitor has the knowledge that he may be answerable
in a court of law for want of skill in looking after his client’s
interests, but a client does not always know this. Indeed, even the
most rudimentary knowledge in connection with the law and its practice
is absent in the average person who goes to a solicitor for advice.
And yet the solicitor’s own knowledge is frequently little above that
of a mature office-boy, though he generally manages to apply it to
his own personal profit, at any rate! One does not tar all solicitors
with the same brush: there are many worthy exceptions; still, there
is something in the profession of a solicitor which seems to produce
certain generic failings.[34] The bad name of the profession in the
eyes of the public is not altogether unfounded; it is something more
than a cheap superstition or tradition. It gathers force when one comes
into frequent contact with some firms, which are licensed to practice
the law. The size of the offices and the number of persons employed are
not criteria of honesty: one knows of cases where seemingly prosperous
firms in the best and most central districts are no more trustworthy
than the solitary tottering scamp who struggles in a meagre garret. On
the other hand, it is a gamble to go to any solicitor, unless one has
definite evidence in advance that he is reputed to be just and honest
in his methods--and has practised his business for some years. There is
no scoundrel like an old scoundrel, of course, but a well-established
firm is _primâ facie_ better equipped with the requirements of a
client than some new firm which has not yet quite felt its feet. Long
established firms go wrong like newly-established ones, though they are
perhaps, generally speaking, less liable to, as they have more to lose,
if the practices they have carried on have been reputable. As a partial
standard of guidance it is, therefore, wise to go to an old firm
rather than to a new one. But general reputation, and recommendation
by former clients, are, after all, the best means of judging such
questions off-hand. One recalls an instance where a King’s Counsel,
retired from practice, recommended and upheld in obvious ignorance a
most shady firm, which, however, had exceedingly well-illuminated,
large, and central offices! With such an example in one’s memory, where
one knows the firm to be dishonest, one can but fear that the best
recommendations are apt to err.
Public-domain text, read in full here on John Shaqi.
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