Law -- England; Poor -- England; Poor laws -- England; Working class -- England
Sir William smiled and shook his head at me in dignified reproof. He was
not going to argue this, and with his very good will and assistance the
clergyman conducted the case, and in the end secured a victory.
In the Army Courts-Martial a prisoner is always allowed a friend to advise
him and to take a limited part in the proceedings, and I cannot help
thinking that long before the poor man has his panel lawyer voluntary
charity will be allowed to supply him with a "friend," who shall be
trained in the law, but ready to give his services to the poor without fee
or reward.
Many will think that the suggestions that I have sketched out of
assistance to poor people are chimerical and that in any case they are
likely to be costly and that the grievance, such as it is, is not worth
the money to be spent on the remedy. At one time I seem to be calling out
for no lawyers and here I am demanding more lawyers. The inconsistency is
only apparent. In all legal reforms I place in the forefront conciliation.
I want to see the French "preliminary of conciliation" applied without
delay to all small cases and I want the judge of the County Court to be
clothed with the duty of the French _juge de paix_, whose business it is,
in the first instance, to bring the parties together and get them to shake
hands. Only when that fails, or in those cases where litigation is
essential and necessary to the proper determination of a real dispute,
should I ask the State to assign counsel and solicitor to the poor. If a
poor man has an honest suit with a rich man it should be a point of honour
with the Courts to see that he is not at a disadvantage in their
procedure.
But merely providing a poor man with lawyers will not alone work the
miracle. Money must be found to pay his witnesses and prepare his case,
and this is even more necessary in civil cases than in the defence of
prisoners where, as we shall see when we come to consider criminal
matters, the State, whilst providing legal aid, has stopped short of
providing what may be still more necessary, financial assistance for
necessary evidence, some of which may be of an expert and expensive
character wholly out of reach of a poor man.
Piers Plowman naturally threw the whole blame on the lawyers who went
about, as he said:
Pleading the Law, for pennies and for pounds,
Unlocking their lips never for love of our Lord.
But I cannot for myself see why a lawyer or a doctor should work for
nothing any more than a business man or an author, and, if we knew the
truth, I expect we should find that old Piers himself invented his vision
as much in the blessed hope of royalties as "for the love of our Lord."
Public-domain text, read in full here on John Shaqi.
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