London (England) -- Description and travel; London (England) -- History -- 1800-1950
It was mentioned above that in the days of Sir Matthew Hale professional
etiquette allowed clients to have interviews with counsel without the
intervention of a solicitor. But gradually, after his time, the public
were deprived of this privilege, and a rigid rule was enforced that all
communications to counsel must be through the solicitor only, a rule
highly detrimental to litigants, since it caused constant
misunderstandings and misleading instructions. It is a roundabout way
of doing business, which would not be tolerated for a day in any
commercial transaction. It was from the first a tyrannical assumption
on the part of the profession that the public should submit to a
restriction, based nominally on professional etiquette, but really on
professional interest. The public have begun to object to the rule, and
in 1888 the Attorney-General (Sir R. Webster), on being asked to express
his views in reference to the occasions when a barrister may advise and
otherwise act for a client without the intervention of a solicitor,
replied that in contentious business, necessitating inquiry into facts,
which could not possibly be undertaken by a barrister, it was essential
that the latter should have the advice of a solicitor. But might this
advice not be given in the presence of the client to exclude the
possibility of misapprehension? As to non-contentious business Sir
Richard allowed of direct communication between counsel and client. My
own rule, whenever it has been my misfortune to be involved in a legal
dispute, has always been to push aside this bogie of professional
etiquette, and insist on telling counsel my own story myself.
Public-domain text, read in full here on John Shaqi.
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