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
The present writer holds no brief to attack the profession of the
solicitor: quite the contrary. But he is compelled to admit that he
has found many solicitors guilty of “dirty tricks” (for which there
are no punishments) towards their clients. “Dirty tricks,” a vulgar
but exactly expressive term, may be said to represent those acts in
which a man of honour or ordinary decency, even, could not indulge. To
cite some actual examples:--Deceitfully obtaining a signature charging
certain property with an exaggerated bill of costs on the tacit
understanding that a loan is to be the result; getting possession of
papers under a false pretext, where the circumstances are such that
no remedy exists in law for their recovery; disclaiming a telephone
message because its dispatch cannot be established in a subsequent
action; denying the receipt of a client’s funds until threatened with
the police. These and dozens of other somewhat similar occurrences
come to mind with clearness. That they are repeated daily all over the
country is almost indisputable. Petty deceit and meanness are qualities
which are to be found in a flourishing state in many solicitors’
offices. A straightforward and reputable solicitor would be the first
to admit as much. There is some satisfaction in knowing that there are
still many of the latter type left, though mischance often brings a
client into contact with the opposite variety, to his cost.
In suggesting that counsel should be enabled to advise a client
without the intervention of a solicitor, the writer is influenced by
the greater practical benefit of such a change. That branch of legal
business which is now in the keeping of the solicitors might remain
so; the system of carrying out the office work side of a case would
therefore be on the present basis. But, while the two professions
could continue to perform their accustomed functions, the alternative
for a client to approach counsel direct should be approved and
sanctioned. A freer atmosphere and greater scope would be bestowed upon
junior counsel if he were able to receive his clients as a medical
practitioner receives his patients.
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