The Strand Magazine, Vol. 01, No. 06, June 1891: An Illustrated MonthlyVarious
General
The Strand Magazine, Vol. 01, No. 06, June 1891: An Illustrated Monthly
Various
English literature -- Periodicals; Short stories, English -- Periodicals
The Criminal Bar of London congregates at the Old Bailey (which is
the Assize Court for the Metropolis and part of the Home Counties)
as well as at the Middlesex and Surrey Sessions, held respectively
at Clerkenwell and Newington. In speaking of the Criminal Bar, the
brilliant exploits of such men as Ballantine, Parry, Huddleston,
Gifford, Hawkins, and Clarke naturally occur to one's memory. But
what a sad falling off is now apparent! There is not a single name
of distinction now associated with the historic Court that has in
the past resounded to the eloquence of so many splendid advocates.
Nowadays the mention of the Criminal Bar only brings to mind such men
as the Government prosecutor (official in all but name), Mr. Poland,
and a crowd of lesser lights, among whom Mr. Forest Fulton, M.P., and
Mr. Gill stand forth as the most talented. There are at the Criminal
Bar a number of newly-fledged barristers, and several indigent and
disappointed men who are content to gain a small and precarious
livelihood. A handful secure a respectable living, and comparatively
large incomes are only made in two or three cases, notably among those
who have Treasury work. The compulsory litigants, who often have to
send the hat round among their friends for the purpose, can for the
most part only provide small fees, and small as they are, they do not
always reach the hands of counsel.
[Illustration: MR. BESLEY. MR. C. MATTHEWS. MR. C. F. GILL. MR. POLAND.
MR. FOREST FULTON.]
It may be interesting to mention here the curious fact that barristers
cannot recover their fees at law. The fee, it appears, is an
honorarium, and nothing more. Of course, while barristers have no
legal claim for their fees, no action for negligence, however gross,
can lie against them; and it is obvious that, if the power were
accorded to them of recovering their fees at law, they would also be
liable to action in case of negligence. If we may judge by the very
rare occasions of actions for negligence being successful against
solicitors, there is no reason why they should have any terrors for
counsel. It would certainly be satisfactory to see the barrister's
profession put upon a more business-like footing. Advocates are, under
the present conditions, sometimes the prey of unscrupulous solicitors,
who hand them briefs marked with tempting fees that are never paid,
and when these harpies have tired out the patience of one guileless
counsel, they devote similarly undesirable attentions to another.
Happily, such solicitors are comparatively few; but even respectable
firms often avail themselves of the inability of counsel to recover
fees by taking unconscionable credit.
The system should be changed, and if barristers were made liable for
negligence it would, perhaps, have a wholesome effect in preventing
some of them from accepting briefs to which they or their clerks must
know that they cannot attend.
Public-domain text, read in full here on John Shaqi.
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