Law -- England; Poor -- England; Poor laws -- England; Working class -- England
The fact is that it is not a very hopeful thing to go to lawyers and
committees of lawyers for reforms unless you have the driving power of the
business man behind them. Nothing was to be more disastrous according to
legal prophecy than the institution of the Public Trustee. No reform has
done more to mitigate domestic worries and anxiety than this beneficent
institution. Lawyers and laymen nowadays concur in casting their troubles
upon him and sheltering themselves and their clients beneath his
protecting wing. If we are ever to have a proper system of legal advice
for the poor it will, I think, have to be made an official department with
a business head of affairs and attached lawyers. It might perhaps be added
to the duties of Labour Exchanges, but in any case it should be a
department of the Board of Trade, and it should have branches throughout
the country and power to help the poor in all the Courts of the country. A
device for suing _in forma pauperis_ working only in London, such as is
set up by the new rules, cannot be of much avail in tackling the problem
of placing legal advice and assistance at the call of the poor.
I wish some experiments of a voluntary nature could be made of a more
extended character than the poor man's lawyer societies that are attached
to University settlements, and do good work in advising the poor. It is
really in Court that a poor man wants assistance. I often think that a
poor man or woman coming into a Court for the first time is like the
average middle-class Englishman when he finds himself on Calais Pier
without a word of French speech at his command and entire ignorance of the
ways of the _douane_. How he clings to a friendly interpreter with a gold
band round his hat. How extravagantly he rewards him when he and all his
luggage are at length safely in the train.
And why should not we encourage an amateur legal interpreter in our County
Courts just as we welcome missionaries in our police Courts. I should like
to see practising in each Court an official friend of the poor, ready to
state the case of a poor man or woman who sought his assistance. There is
an existing section of the County Courts Act allowing a friend to appear
for anyone by leave of the judge if he does not do it for fee or reward,
and on that foundation something might be built.
I remember a clergyman, Father Gething, appearing for an old army
pensioner against an insurance society with complicated rules, and asking
to be allowed to address me, and conduct the old man's case. Sir William
Cobbett, not having in his mind for the moment the section I refer to,
objected. I asked Father Gething whether he was going to recover any "fee
or reward" for acting in the case.
"Certainly not," replied the reverend gentleman.
"But perhaps," I continued--somewhat mischievously--"Sir William is going
to contend that the word 'reward' in the statute means not only reward in
this world, but the next."
Public-domain text, read in full here on John Shaqi.
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