Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
History
Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
Alert (Ship : 1877-1893); Liability for marine accidents; Navigation -- Australia -- History; Shipwrecks -- Australia -- Victoria
“‘A highly indiscreet and highly imprudent act’ on the part of
Mr. Coldham, the barrister, has involved Messrs. Huddart, Parker.
& Co., and Mr. Ponting, in pretty stiff law costs. So says Mr.
Justice Williams; and Mr. Justice Holroyd adds his verdict that
this is ‘a necessary condition of the relationship between counsel
and client.’ If counsel blunder clients necessarily suffer, while
the advocates may reap advantages from their own mistakes. This is
one of the delightful aspects of the administration of the law, as
distinguished from every other kind of profession. The ship captain
who commits a ‘highly indiscreet and highly imprudent act’ runs the
risk of being disrated for his rashness or carelessness. The surgeon
who carves his patient like a butcher may be sued for improper and
unskilful treatment, and if unsuccessful in his defence loses cash
and credit at the same time. The carpenter or plumber who builds
unskilfully must repair the damages of his default. But the lawyer
who gives unsound advice, or conducts his case with imprudence and
indiscretion, may simply shunt the consequences on to his client, and
is as merry as before.
“Mr. Coldham’s case necessarily raises the question of what ought
to be a lawyer’s responsibility in the management of his client’s
concerns. Mr. Ponting, the sole survivor from the wreck of the
_Alert_, sued the owners of that steamer for damages. The case was
tried in the County Court before a judge and jury. Mr. Coldham
acted as counsel for the defendant shipowners. One of the jury, a
man named McGregor, was a personal acquaintance of the barrister.
During the progress of the trial, according to one set of affidavits,
certain winks and nods and smiles and by-play were indulged in
between counsel and this juryman. Mr. Coldham denies the winking
part of the business. However, there is something that he does not
deny. This juryman of his acquaintance handed to him during the
trial a private paper connected with the case, and subsequently he
met his friend at an hotel bar, and had some drink and talk with
him. This almost inevitably gave rise to the suspicion that the
jury had been improperly influenced. A new trial was applied for,
principally on that ground; and though Judge Chomley refused to grant
it, and sustained the jury’s verdict, the Full Court judges have
done otherwise, on the ground of the ‘highly indiscreet and highly
improper’ conduct of Mr. Coldham.
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