Metropolitan and Provincial Law Association. 497 themselves with the Metropolitan and Provincial Law Association, whose object was to carry out by a concentrated effort what he had attempted to describe; and he thought that the good that this Association had already accomplished was a proof that if properly supported it was capable of accomplishing all they could desire. He was sorry to say that, though the number of their Profession reached 11,326, the number of the members of their Association scarcely amounted to 1,000. It was deeply to be regretted that at the present moment they had hardly one-eleventh of their body enrolled as members, but he hoped this would be altered; and it was a matter of congratulation that though the number was comparatively small it contained some of the best names in the Profession. The meeting at Derby had been productive of great good; and he trusted that the present meeting would be productive "That for the purpose of carefully considerof even greater good. If they felt the importance of this Association and the great good ing every projected alteration in the law, as effected by its means-if they exerted them-well as to maintain the rights and increase the selves, every one individually, to obtain addi-usefulness of the Profession, it is important tional members and the co-operation of the the kingdom should form a united body." that the attorneys and solicitors throughout great body of the Profession, and by these means gave the Association greater efficiency, Having argued that laws were worthless unthey would be successful in placing the society less there were persons possessing legal inupon such a basis as to carry out the objects formation to carry them into effect, he profor which it was established. He would make ceeded to observe that both in ancient and one observation to prove the necessity for in- modern days the Profession of the Law in every creased exertions and increased funds, and in al- civilised state had been of the very highest luding to the funds, he could not wish they were importance-second perhaps to none. The nemore economically managed, and only expended cessity of introducing judicious ameliorations of in what in the strictest sense were proper ob- the law was admitted by all; but if they looked at jects. Beyond the payment of house rent, and the Statutes passed by the British Legislature salary of their worthy secretary, and for the within the last ten or fifteen years, how many printing and publishing of their report and would they find that had become dead letters? papers, there was not another item of expendi- How many had been framed in utter ignorance ture. But what was the instance to which he of what was absolutely necessary to bring them had alluded? Two Bills were introduced into to bear upon society? The most cursory glance Parliament last session, as important, perhaps, at many of their Acts would show how ignoas any that had been introduced for very many rant were those who framed them of the reyears. One was the Bill of the South Sea quisites for carrying their own laws into prac Company, and the other was the Registration tical operation. A great deal of this was owing of Assurances' Bill. Anything more vicious to the distinctions existing in this country bein principle or more destructive of the interests tween the Bar and the Solicitors, who were-' of the public he could not conceive. How such if they went really to the bottom of the thing measures ever assumed a definite form he could-the mere servants of the Bar. The Judges not understand; and still more unaccountable were of the Bar, and acted and made rules for was the fact, that these measures received the the Profession with Bar prepossessions, with sanction of one who had been one of the views drawn from Bar practice, and with an brightest ornaments of the Bench, and some earnest desire to uphold at the expense of the of the merchants and bankers of the country. Profession, though they may not know or inWhen these Bills were brought into Parlia- tend it, of the other branch and of the Public ment, their Association opposed them; but as at large, the interest, so called, of the Bar. they had assumed the form of private Bills the Why was there this arbitrary distinction beopposition to the Bills to be effective must ne- tween the Bar and Solicitors in this country? cessarily be expensive, and the want of funds He regarded this as an interesting question of to conduct the opposition prevented the Associa- economical science and well worthy the attention from effectually opposing the Bills; fortun- tion of political economists. If they went to ately, notwithstanding the heavy drains on their America, they would find there a body of funds, the Incorporated Law Society stepped lawyers than whom none could be found more forward in this hour of need. Their President, distinguished. Who sent to England their Mr. Kinderley, and he hoped he might be excused naming him, for he had done excellent service to the Profession and the public, devoted his valuable time and talents to the opposition, in which he was most ably supported by another member of that body, Mr. Gregory, jun., and by their united efforts these bills were thrown out. That opposition, however, although the expense was confined to actual money payments, cost a very large sum. It was manifest, therefore, they could not expect great results from the Metropolitan and Provincial Law Association unless funds were furnished for car- ' rying out and supporting the objects for which that society was formed. He trusted, therefore, that on every ground, as affecting themselves and the public, this Association would meet with every possible support; and that none of them would cease their efforts until they had really placed it on that footing which would make it truly valuable as an institution. E. W. Field, Esq., proposed the first resolution, which was as follows: best text books, their Storys, their Kents, and such works as "Sedgwick on the Measure of Damages "-a matter never touched by any English writer? They come from America. 498 Metropolitan and Provincial Law Association. They naturally asked what were the arrange- trated its absurdity by several instances. One ments of the Legal Profession in a country was, that they were paid at the rate of 1s. per where they found lawyers becoming presidents folio, so that if they had a draft of 100 folios of the republic, as was the case with General and simply wrote it out, they were entitled to Pierce, who was a successful lawyer before he 51. It was often much less laborious to frame became a soldier. They found that practically a long draft than a short one, and if they spent each took the department he thought best half a day or a day in shortening the draft, so suited to himself; some acted very much as as to make it not more than 50 folios, but proan attorney does in England; and others bably more valuable for their client, on account spending the greater portion of their time in of the mental labour, then they would have the Courts as advocates; but there was no their bill reduced to 27. 10s. ; thus losing half distinction in legal status between the two. their fee, besides all their time and trouble. Were they wise to allow in England the con- These arbitrary and vicious regulations-to tinuance of the present wide gulf between the which, by the way, the Bar were not subjected two branches of the Profession? That was a-made it the immediate and apparent, though question which lay at the bottom of the effi- not the ultimate or real, interest of lawyers to ciency or non-efficiency of the administration object to improvements; but if these restricof the law. The speaker then turned to the tions were removed, and they could charge abortive Statutes which had been passed by fairly and equitably, then they would be free the Legislature within the last few years, espe- from all temptation, or the appearance of tempcially mentioning the tinkering in the Bank- tation, unfavourable to legal reform. Another ruptcy Laws, which he said had been altered of the crying evils which the public sustained, and realtered, modelled and remodelled, ex- by these restrictions upon attorneys, was the tensive provisions introduced, and enormous high premium they offered for employing the expenses incurred, which never would have Bar without real necessity. He gave a strong been heard of if practical lawyers had been instance of this from Chancery practice. There consulted, and if practical knowledge, in- interlocutory questions which used to be disstead of theories destitute of any pervading cussed in Court, and by the employment of principle, had been allowed to have weight in barristers, might now be disposed of at the the framing of those laws. Adverting to the Judges' Chambers through the agency of the different systems of England and America, he solicitor; and he had not unfrequently spent a said that he asked the opinion of Mr. Dudley considerable part of the night in preparing for Field, one of the most able lawyers of New an argument on such points in Chambers the York, as to the American system, and he re- following day, and some hours during the folceived for answer, "Do you think that Story lowing day in the Judges' Chambers. or Greenleaf, or other such text writers, would these exertions he might claim 13s. 4d.; or, if have been able to write the books they have, the officer were in a generous mood, get 17. 1s. if they had not begun by practising as solici- But if instead of taking this trouble he went tors, and been in habits of confidential per- to Chambers with a mere glance at the papers, sonal intercourse with all classes of the people and stated that there was any difficulty in the with whom they had to deal?" The question case and that it had better be taken into Court, was by some regarded as theoretical; but he it was readily ordered, and he would get his concurred with a learned Judge, who said the 13s. 4d. for attending the Court or sending a other day that it would in a short time become clerk to attend it, besides his six or seven one of the most pressing practical subjects guineas for preparing the brief for counsel. So bearing upon the welfare of the Legal Profes- that here again the regulations were made to sion and the administration of the law. He work advantageously for the barrister, by inthen referred to the registration scheme of the ducing attorneys to place briefs in their hands; session before last, which he characterised and disadvantageously for attorneys and their as the most ignorant and mischievous pro- clients, whose interest it was to have the work ject ever propounded, and one which might done well at a reasonable cost. The arbitrary well be laughed at and ridiculed by any rules of pay imposed on our branch of the man who has spent a fortnight with his eyes Profession present to the judgment of the poopen in a solicitor's office." It would have litical economist many other contradictions to entailed enormous expenses upon the owners those rules which nature itself under our freeof property; it would have gone far to render trade principles of supply and demand displays, every title in the country bad; and it would not only in many other occupations, but even have made the transfer of land next to in that branch of the Legal Profession which impossible. Referring to the regulations of is the lawgiver on this subject to attorneys and Professional Remuneration by Act of Parlia- solicitors. By nature skilled and experienced ment, he said the law of bygone ages regulated labour obtains high wages; by the legal tariff the charges of dealers in most of the necessaries imposed on us the work of the attorney who of life; but this ignorant legislation had long obtained the age of 21, and was admitted last ago given place before the rational principle of Term, is assessed at the same rate as the work leaving prices to be regulated by supply and of the most able veteran of the Profession, demand, as to all classes of the community while by the rules of the Bar a higher fee must except solicitors. In their case only the anti-always be paid to the veterans than to the quated absurdity was still retained. He illus-juniors. Another point of similar interest was For Metropolitan and Provincial Law Association. 499 ration and reform without regard to personal feeling or pecuniary considerations. So much did this feeling pervade the Profession, that it would be found upon investigation that many measures for which the Government or some the special rule to exclude attorneys from becoming barristers. Any utterly unlegal man, a retired tailor or scavenger, for instance, might be called to the Bar in three years; while, for purgatorial reasons he supposed, the attorney, who knows necessarily something of the sub-eminent Judge or barrister had received the ject beforehand, is required to wait five years. These were important questions, affecting the interests of the public even more than the attorney: and it was an undeniable truth that there was no real difference between the public interest and the interest of a great body like their Profession. R. E. Payne, Esq. (Leeds), seconded the resolution, in which he expressed his most hearty concurrence. The resolution, as well as those subsequently proposed, was carried unanimously. R. A. Payne, Esq. (Liverpool), proposed the next resolution, which was, warmest praises throughout the country, had really originated with, or been suggested by, some metropolitan or provincial attorney. Their chairman had alluded to the anomaly of the legislation against attorneys by those who held attorneys in so much personal esteem; and it certainly did seem to him a strange inconsistency. Men of all ranks sought the solici tor, and made him their confidant, their friend, their adviser in matters of life and death, in pecuniary concerns, and in domestic afflictions. No man hesitated to trust his property, his reputation, his domestic peace, in the hands of his attorney; and yet the attorney was, by the very men who placed such implicit reliance upon his honour and integrity, declared unworthy of trust when his own pecuniary interests were concerned. They de upon it. "That although these objects have to some degree been obtained by means of the various Local Law Associations throughout the country, yet it is only by such an organisation as that of the Metropolitan and Provincial Law Asso-clared the attorney to be competent to do anyciation that they can be effectually secured." thing and everything but charge 6s. 8d. The He said he thought their associations in the the Profession by a portion of the press, and speaker next adverted to the attacks made upon various localities had been of much service in said he looked forward to the time when the keeping up good rules and preserving the eti-press would see it to be its duty to defend the quette of the Profession, as well as in discourag- Profession from the unjust aspersions cast ing those who might otherwise have acted with impropriety. He was afraid, however, that the measure of the Chancellor of the Exchequer, passed 18 months ago, was calculated to accelerate the introduction of unworthy persons into the Profession. He spoke in terms of praise of the conduct of the gentlemen of London who had taken an active part in the management of this Association, and especially eulogised the conduct of the worthy secretary, Mr. Shaen, to whom he wished to pay a tribute of thanks, in the name of his brethren generally He said that the members of the Metropolitan and Provincial Law Association had received more than the value of their subscriptions this year, by the admirable way in which the directors had brought into one focus and placed before the members the whole of the Statutes of last session. W. H. Moss, Esq. (Hull), seconded the resolution. He said it wanted no meeting like that to satisfy the gentlemen present of the importance of that association; but he thought it would not be time wasted if what was said there that day reached the public ear, for with the public the members of their Profession ought to be set right. The public had been much misled by writers who had found it to their interest to misrepresent and vilify the Profession. It was but right, therefore, the public should know that the most able and successful reformers of their own Profession were the lawyers. They had never studied personal advantage or personal gain in any way; but wherever they had seen an evil or an error that could be corrected, they had boldly come forward and assisted in the alte operation of the local law societies, and the far resolution, as follows:- to support the Metropolitan and Provincial 500 Metropolitan and Provincial Law Association. of the law, which frequently compelled every a fee, even if the barrister never attended the honest attorney to advise his client, even if he Court where the case was heard. He said that had a perfectly good case, not to venture to go the practice of the Bar at the present time was to law. But now that there were so many im--far more than at any previous time to take provements in the law, and people began to see the brief and the fee, and not to attend the that justice would be done them, the mistaken feeling against attorneys was rapidly wearing off,-not that it ought ever to have existed, the fault having been with the law, and not with the lawyers. Arthur Ryland, Esq. (Birmingham), seconded the resolution, and, referring to an observation made by Mr. Moss, said, that if reports were made, showing the suggestions of law reform made by attorneys, which had not been adopted, as well as those which had been passed into law; and if similar returns were inade with regard to the reforms which had been suggested by barristers, it would be found that the preponderance of real, practical, valuable reforms, lay with the attorneys to an overwhelming extent. As a means of aiding this Association, he suggested that they should hold annual meetings, at which papers should be read and discussions taken upon legal subjects, treated in a scientific as well as a practical way, after the manner of the British Association for the Advancement of Science. With respect to Birmingham, the members of the Association resident there called a meeting recently, at which their respected friend, Mr. Unett, presided, and where they passed a resolution, a copy of which was sent to every solicitor in the town, and which would be followed 'up by an active canvass. The resolution they "had thus passed and circulated was as follows: "That this meeting is of opinion that the importance of the objects of the Metropolitan and Provincial Law Association-the uniformly zealous and well directed efforts of the committee to maintain the character and interests of our branch of the Profession-and the unremitting and successful attention which the committee has devoted to the various Bills of Parliament and Rules of Court which have from time to time been introduced for the amendment of the law-entitle the Association to a more general support of the solicitors in Birmingham than it has hitherto received." Court. These were the gentlemen who talked of the rights and wrongs of the people; and yet many of the Judges themselves had in this way very frequently sinned against what he (Mr. F.) called one of the plainest laws of right and honour. In America, in such a case, the barrister, however high his position, would return his fee as a matter of course. J. H. Shaw, Esq. (Leeds), on rising to move the next resolution, said, the part allotted to him was fortunately so limited in extent that he should not have to trespass long upon the time of the meeting. The subject of his resolution was one he had often dwelt upon on former occasions, and he could only now repeat a more than twice told tale, but he could accompany the reiteration of it by saying that another year's experience had greatly strengthened his conviction. They had received from Mr. Field and other speakers much valuable information upon the general state and future prospects of the Legal Profession, and upon the endeavours and he hoped he might say, to some extent, the success-of the Metropolitan and Provincial Law Association, in arresting the progress of the downward course of which they had so much reason to complain. They had heard also from other gentlemen, and especially from Mr. Moss, that justice was not done to the Association by the public (nor indeed, he, Mr. Shaw, thought, was it done by even their own branch of the Profession), for the services which it had rendered. That injustice arose simply from its services not being sufficiently made known, and he was therefore exceedingly desirous— (indeed, he thought it of the highest importance)-that greatly increased publicity should be given to the labours of the committee of the Association, so that the members of the Profession and the public might be much better informed than they were of the amount of good which had been done, and (what he thought quite as important) the amount of evil which had been prevented. That could only be acMr. Field, in answer to a question, said, that complished through the medium of that powerin America they adopt the ancient practice of ful organ, the influence of which on the public England-the Bar and the solicitors being the opinion of this country was almost irresistible, same. The English Inns of Court were for- he meant the press. One of their main obmerly Universities; and the Bar of America jects, therefore, ought to be, through the press, had now to pass an examination. Judge to make generally known the claims of the ProStory, whilst Judge of the Supreme Court of fession, and demonstrate the interest which the Appeal, was held in much more honour as public had in supporting those claims; having the head professorships of the great cause he maintained it to be a clearly deschool of law in America. He spent one half monstrable truth, that the interests of the of the year in teaching school, and the other Profession and those of the public were half in presiding as one of the Supreme Judges of the country. But the great difference between the Bar and the Attorneys in this country was intimately connected with the rules of right and wrong. If an attorney received 100l. to do something, which he did not do, he would, as a matter of course, return the money. But the Bar holds it to be unprofessional to return be completely identical. This was necessary, as a matter of justice to themselves, but he urged it for the still more important purpose of increasing the efficiency of their institution, and its power of rendering that service to others, as well as themselves, which they wished to render. His allotted province, however, was even more limited than this. The point to Metropolitan and Provincial Law Association. 501 which he had particularly to call their attention gaged. One requisite, therefore, for that purwas that this medium of communication with pose was what a gentleman who had already the public was, in part, under the control and addressed them, emphatically called "the guidance of hands decidedly hostile to them. sinews of war." But there was another equally He was quite aware that there were gentlemen essential. Any member of their Profession who thought it hazardous to deal freely with who paid attention to the attacks made upon this topic for fear of rousing into increased ac- them through the press, must be aware how tivity the hostility of which they complained; easy it would be in many cases not merely to but for himself, he would say explicitly (and refute them, but expose their outrageous abhe hoped he spoke the feeling of the meeting), surdity. They often consisted of misrepresenthat, whilst he acknowledged the power with tations so enormous, and blunders so ludicrous, which they had to grapple, he was not disposed as to excite only a smile from the professional to quail before it. He believed that in public reader, but still they would mislead even acute as well as in private life the temperate and ju- minds not familiar with the Profession, and on dicious, but manly and unflinching, assertion that account unprepared to detect fallacies of right, was not only the truest honour but the quite palpable to those who were. They soundest policy, and he believed that truth to wanted therefore not only increased pecuniary be especially applicable to the relation of their means, but that the members of the Profession branch of the Profession with the press. A individually, as far as possible, should furnish portion of that mighty engine habitually accurate statements of facts within their own aspersed their Profession, and a long-continued observation or knowledge, which would furnish silence under those aspersions had given to by far the most powerful weapons for the dethem something like the authority of admitted fence of the Profession. Let it be once brought facts, and enabled those who made them to as- to be a contest between the weapons of misresume an appearance and semblance of impartial presentation and abuse on one side, and the observers and critics, when they were in reality weapons of fact and argument judiciously nothing better than prejudiced and often inter- wielded on the other, and he well knew what ested partisans. He believed they would to no would be the result of such a contest in this inconsiderable extent, disarm those writers of country. It was with especial reference to this their power of mischief by the very act of plac- subject that he had been requested to address ing them in their true position; not that of them; and with the strong sense he had of its impartial judges, to which character they had importance-with his conviction, indeed, that no claim whatever, but of either parties or ad- it was absolutely essential to the attainment of vocates, and generally very uncandid advocates, the object they had in view-the maintenance on one side. For these reasons he had always of the honour and interests of their Profession urged upon the committee of the Association a-he hoped that those present would carry vigilant, active, and systematic operation through back to their several neighbourhoods a deterthe medium of the press, which if it afforded mination strenuously to support the society, to the bane would equally afford the antidote, for endeavour to increase its numbers, and by it was as open to their body as it was to their every available means strengthen the hands of assailants. He laid particular stress upon the the committee in all its efforts, and more paroperation being systematic. He was aware that ticularly enable it greatly to extend its efforts in there every now and then appeared articles of the very important sphere to which it had been great ability, which, on particular questions, his special province to invite their attention. and to those who went to the consideration of He begged to movethem with minds not already imbued with prejudice, might carry conviction; but these occasional and spasmodic efforts in isolated cases would have little effect upon persons whose minds were pre-occupied with prejudices instilled into them by the systematic misrepresentations of months and years. If they wished to exercise any beneficial influence through the press, it must be by making the defence of the Profession as systematic as the attacks upon it; and how could that be better done than by the influence of an association like this? and what was necessary for doing it but that the Association should receive from the Profession a more general and efficient support? What they required was the steady unremitting devotion of time and talent in the important task of correcting and refuting misstatements and doing themselves justice; but they could not command, nor could they with honour to themselves accept, that steady unremitting devotion of time and talent, unless they had the means of fairly remunerating those whom they en "That attorneys and solicitors having been made the subject of systematic attacks by a portion of the press, it is important that the public mind should be disabused through the same channel; and that for this purpose this Society call upon the Profession to afford them increased support." J. Case, Esq. (of Maidstone), seconded the resolution, He briefly expressed his approval of the society, and said he believed its effect ingly important. upon legislation of past years had been exceed The resolution was carried. F. F. Beever, Esq. (of Manchester), moved— "That this meeting is glad to recognise the efforts which have been made by the Incorporated Law Society to improve the educational test of attorneys and solicitors; but they earnestly trust that further steps may be speedily taken to secure for the Profession a higher standard of general education." |