The ineradicable public prejudice against legal charges as flagrantly
exorbitant is only a modified form of an older idea exemplified above that
lawyers should have no fees at all. And as to this day the plain man has
never fully reconciled himself to the doctrine that the lawyer is only an
agent, and not called upon to sit in the first instance in judgment on his
client, so in the past the professional defence of a criminal appeared a
very venal transaction.
"Thow I have a man i-slawe,
And forfetyd the kynges lawe
I sal fyndyn a man of lawe
Wyl takyn myn peny and let me goo."
* * * * *
How reprehensible a thing to take fees was long reckoned admits of curious
illustration. "Before the end of the thirteenth century," says that
never-failing authority, Pollock and Maitland's "History of English Law,"
"there already exists a legal profession, a class of men who make money
by representing litigants before the courts and by giving legal advice.
The evolution of this class has been slow, for it has been withstood by
certain ancient principles." Amongst these retarding influences lay the
half-religious scruple about the propriety of payment--men as usual
swallowing the camel first and straining at the gnat afterwards. Of course
the subject had to be illuminated by monkish tales and death-bed
repentances. There was, according to the Carlisle friar who penned the
"The Chronicle of Lanercost,"--writing under the year 1288,--a young clerk
in the diocese of Glasgow, whose mind "was given rather to the court of
the rich than to the cure of souls. He was called Adam Urri, and was
laically learned in the laic laws, disregarding the commands of God
against the Praecorialia [so in the printed text, but, query,
Praetorialia?] of Ulpian. He used the statutes of the Emperor in
litigating causes, for payment of money. But when he had grown old and
famous in this his wickedness, and was striving by his astuteness to
entangle the affairs of a poor little widow, the divine mercy laid hold on
him, assailing his body with sudden infirmity, and bringing his mind to
plead (_enarraret_) more for another life." Condemning utterly the
lawyer's court, he turned over a new leaf, predicted the day of his own
death, and died punctually conform to the prophecy, leaving an example
unctuously used by the friar to teach future generations "how wide was the
gulf betwixt the service of God and the vanity of this world." We shall
not be far wrong in regarding, as of more historic interest, the
indication of the immorality of fees, and the important reference to
Ulpian as an authority in the _forum causidicorum_ of thirteenth century
Scotland.
* * * * *
Public-domain text, read in full here on John Shaqi.
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