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
In France, there is the distinction between the _avocat_ (or
barrister) and the _avoué_ (or solicitor), and yet there appears to
be no hindrance upon the freedom of the _avocat_ in respect of an
intermediary. In America, the counsellor-at-law, or “attorney-at-law,”
as he is called in Pennsylvania, unites in his legal qualification
the right to practise as a solicitor or as a barrister or as both. As
a matter of fact, an American law office generally contains several
counsellors-at-law, who divide the court and office work up between
them. In point of right, however, the counsellor-at-law is perfectly
justified in carrying on the joint profession of a barrister and a
solicitor. This system is not recommended here, though it seems to
work well in America. All--and it may appear a great deal to some
people--which one ventures to recommend is the freeing of counsel
from the disability of compelling a solicitor’s intervention. That
is to say, no change in the existing system is recommended beyond
sanctioning the more direct form of access. A solicitor could intervene
in the ordinary way between a client and counsel, but counsel should
be at liberty to advise, or to advocate the cause, of any client who
chose to present himself without the usual intermediary. Advance of
the times must almost certainly produce some such system. There can
be little doubt that the profession of an advocate would be much
facilitated by the change. Indeed, the only possible sufferers would be
the solicitors, whose profession offers sufficient variety of work to
enable them to sacrifice the costs arising from the invariable custom
of intervention. In a great number, perhaps, truly, in the majority, of
cases, the present custom might continue to apply; in some, in many,
confessedly, clients and barristers would alike avail themselves of
the less circumscribed relations. If a member of the Bar is allowed
to take “a docker,” or defence direct from a prisoner in the dock, he
should certainly, it seems only just to infer, be allowed to admit a
client to his chambers, unaccompanied by a solicitor. The fee could
be collected by the clerk on the same cash principle which applies
to the transactions of the greatest medical experts, or specialists.
Certainly, the suggestion has something to recommend it, particularly
in these days of practical thought.
If a barrister of the Court of Appeal of Paris, or a member of the New
York Bar, can be approached direct, there is reason to suppose that
the system suggested is neither gross nor one calculated to destroy
prestige.
Public-domain text, read in full here on John Shaqi.
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