London (England) -- Description and travel; London (England) -- History -- 1800-1950
And the fool, entrapped by counsel’s apparent sympathy and the petty
vanity clinging to all singing men to show off, actually broke forth
into a rollicking drinking song, which shook the walls of the building.
Thereupon counsel asked for a verdict for his client the defendant, and
for costs, and got the first, if not the second.
The terms barrister and counsel are often used indiscriminately; every
barrister is a counsel, but not every counsel a barrister. There are
barristers whose names are in everybody’s mouth, and who earn their
thousands a year; there are counsel unknown to the public, who never, or
only under peculiar circumstances, appear at the Bar, but who are well
known to the legal profession, and make more than twice as much as the
barrister practising at the Bar; they are ’consulting’ counsel. When you
go to a joiner and tell him to make you a cabinet, he takes your order,
and sets about making the piece of furniture you want; he does not say
that, as such an article is not one he ever heard of in his trade, he
will go and learn from someone more experienced than himself how to
execute your order, and that you will have to pay for his improving
himself in joinery. But if you go to your lawyer with a case which is
not of the most usual description, he informs you that he must have
counsel’s opinion, for which you have to pay from two to five guineas,
to improve your lawyer’s legal knowledge. And he sends a number of
questions to a ’consulting’ counsel. Now, as every lawyer of any
standing has in his library all the legal handbooks and reports of cases
which are the consulting counsel’s only guides, the lawyer might as well
look up the precedents himself, but that would not be etiquette, nor so
profitable all round, and so the more expensive method must be followed.
The consulting counsel sits in his chambers as the soothsayers of old
sat in their temples, whence, like them, he sends forth oracular
utterances as obscure and ambiguous as those of the ancient mummers, and
straightway solicitors and clients feel relieved of all anxiety: they
have counsel’s opinion and their case is as good as won. For their
counsel’s opinion is favourable, or, at all events, this is the
interpretation they put on it, though counsel’s opinion on the same case
on the other side reads the very reverse. Should it so happen that on
the day in which counsel has given his opinion a case should be decided
in a law-court, which shows that his opinion is not worth a rap, will
counsel rush off to the lawyer to tell him so? Not he; he is not going
to admit that he is fallible. And he will not give his opinion on the
same case twice. A lawyer’s clerk having obtained such an opinion from
counsel, and passing a pub, where he had agreed to meet a friend of his
to settle a little betting transaction, left the opinion in the omnibus
in which he had come, and did not discover his loss till it was too late
to go to counsel again the same day.
Public-domain text, read in full here on John Shaqi.
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