“In France, ancient laws and decisions, as well as the opinions of the
doctors, allowed an action to advocates to recover their fees; but
according to the later jurisprudence of the Parliament of Paris, and
the actual discipline of the bar now in force, no advocate was or is
permitted to institute such an action. In like manner barristers in
England are held to exercise a profession of an honorary character,
‘and cannot, therefore, maintain an action for remuneration for what
they have done, unless the employer has expressly agreed to pay them.’
Upon this point the authorities in the law of Scotland are not very
precise. Lord Bankton says, ‘Though action be competent for such
gratification, advocates who regard their character abhor such
judicial claims, and keep in their mind the notable saying of Ulpian
upon the like occasion, _Quœdam enim tametsi honeste accipiantur,
inhoneste tamen petuntur_.’ But it is maintained by others, whose
opinion is entitled to great weight, that no action lies for such
fees—the presumption, in the absence of an express paction, being,
that the advocate has ‘either been satisfied, or agreed to serve
_gratis_.’”
What the law of England is on this most important question will probably
be definitively settled in a _cause célèbre_ now depending. We do not
conceal our earnest hope that the principles laid down in the recent
judgment of Chief-Justice Erle will never be departed from.
We close this notice by strongly recommending Lord Mackenzie’s book to
the notice both of the student and the practising jurist, to each of
whom we think it indispensable.
THE PERIPATETIC POLITICIAN—IN FLORENCE.
There is a mysterious power in this nineteenth century before which we
all bow down and worship. Emperors have grown powerful by its support,
and kings that know not how to please it become the laughing-stock of
Europe. The highest are not beyond its reach, the lowest are not beneath
its notice. The Secretary of State spreads lengthy despatches as
peace-offerings at its shrine, and the parish beadle is careful not to
put his hat on awry lest he fall beneath its censure. The idol has
innumerable votaries; but its high priests, the exponents of its law,
are the great authors and statesmen of the day. And they have a hard
taskmaster to serve: they must do the pleasure of their lord before he
has signified his wishes—they must anticipate his thoughts and be
beforehand with his commands; obsequiousness and obedience alone will
not suffice them; they may sacrifice every friend and every principle
for his sake, and nevertheless disgrace and proscription await them,
unless they can know their master’s mind before it is known to himself.
Public-domain text, read in full here on John Shaqi.
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