Page images
PDF
EPUB

240

Selection of Counsel by Attorne, s - Opinions of the Press. steps paid for are, instead of necessary steps, end will be put to them, for of course it is not mere blunders rectified ? wbether deeds and proposed that after a case has been sanctioned documents are not of unnecessary length and as a fit case for litigation by counsel, the counsel of unnecessary complexity ? The layman shall prepare the documents, collect the evi. obliged to have recourse to his Solicitor, is at dence, and manage the details. This must his Solicitor's mercy, and the Solicitor is at be left to the Attorney. The duty of the the mercy of his counsel-whom, nevertheless, counsel will be, as it ought to be, to advise he selects for reasons dictated by the ties of the suitor before he incurs any expense, and family, or by the prospect of some selfish be- this, I doubt not, will be considered by the nefit. But not only so, for, according to the public no ordinary boon." present system, an unfortunate client may be

But it may be asked how are the income the victim of designing or ignorant men and unadvisedly hurried into a lawsuit which tended “Masters-in-Law,” who have passed will be his ruin.

a brilliant Examination, and are allowed to “ Facts sach as these are sufficient to show practise under the Bar, or who may subthat the Bar is patronised by the Solicitors and sequently be called to the Bar, to make Attorneys--the physician by the apothecary. known their abilities and learning to that This cannot be right and ought not to continue. part of the public who are contemplating And assuredly, if the examination for admis- the commencement of actions or suits, sion to the Bar is to be a living system-—if the without the intervention of an attorney? hard student is to be fairly selected by the ex- Of course they are not to advertise their aminers from among those who are called to the Bar, and his name is to be published to the names or to solicit employment. It is true world as a man who has studied and is com- they will be noticed in the annual Law List petent to give a legal opinion, the reformed with the honorary marks of M. L., or what. system ought not to stop here.

ever other letters of the alphabet may be “The man who has been thus distinguished conferred by the Senate. But are not the must not be left to wear out his soul in a suitors more likely to go to men whose garret, until it shall occur to some eccentric voices are heard in Court, and whose names Attorney to test his merits and to send him business. Let the etiquette be dispensed with appear in the newspaper reports, than to by which a Barrister is forbidden to receive a students, however successful, but who are client without the intervention of an Attorney. unknown in any actual litigation ? MoreLet any man be permitted to knock at a Bar- over, after all, every man of property, merrister's chambers, to state his case to counsel, chant, or trader of any consequence, knows and to ask his advice. Why perform the some one or more of the multitude of sodouble process of stating the case to

case to an licitors, in whose knowledge, skill, and inAttorney, in order that he may restate it to tegrity he can place entire confidence, and counsel? Application should be made to the counsel at once. Thus, the best advice

to whom he will resort, as a sufficient adwould be obtained without delay. Nor do I viser, or employ (if the case be doubtful) doubt that, under this improved state of to take the opinion of Counsel. things, many cases which now beget years of Another writer in the same journal has, anxiety, would be settled in half an hour with- we think, satisfactorily answered the adroout a pang “The plan suggested is nothing new. It is Counsel for the purpose of advising the

cate for throwing open the chambers of I understand that which is sanctioned by the public without the aid of attorneys. He practice of the Scotch Bar, and is alluded to by Şir Walter Scott himself in Guy Manner- justly observes, that, ing,' where Paulus Pleydell, Esq., gives audi- “In all professions alike, mediocrity having ence to Dandie Dinmont. Nor is it only be the advantage of connexion will earlier force cause the plan in question would save expense itself into practice than mere ability without to suitors that I recommend its adoption by this advantage. Of this there can be no the English Bar; but it is because I see no other doubt. In all professions alike it is equally means whereby a laborious and successful true, and ought not to be forgotten, that it is student, without Attorney connexion, can pos- by no means the superior force of mere insibly succeed. Many a man has a legal diffi- tellectual ability that determines the relative culty which he would gladly lay before a bar- degrees of professional success. Tact, a pracrister at once, if he could only do so without tical turn of mind, promptitude, resolution-in the roundabout process of proceeding through short, all that is generally comprised in the an Attorney. And this, indeed, would be the word character,' as distinct from the possesprincipal benefit of introducing the proposed sion of superior powers of mental intelligencechange. Instead of a Barrister, when con- are necessarily and naturally the qualities that sulted directly, being compelled to act the lead most readily and certainly to professional part of a friend, and to take no fee, he might employment. Now in all these qualities it is take his fee, not only consult his own in. notoriously quite possible for a man of high terest, but save his friend's delicacy. intellectual ability to be comparatively de

“Nor need the Attorneys be afraid that an ficient. Many a senior wrangler and first-class

Selection of Counsel by Attorneys-Opinions of the Press.

241 man possesses them in a very inferior degree frequently beyond the reach or beneath the to the self-taught and self-raised student. If cultivation of those in whom superior gifts are the latter, in addition to the possession of these closely connected with the pride of learning more practical requisites for success, is gifted, and the fatal shyness of a morbid and haughty as very often happens, with logical acumen, a reserve. faculty for the clear conduct of an abstract “ But where comparative success or failure is argument, and still more with the accomplish- owing to so many other things besides the mere ment of persuasively appealing to the passions want of connexion, can any one, sir, suppose that and prejudices of ordinary minds, is it to be merely enabling the Barrister to have personal wondered at that in the race for forensic dis- and direct intercourse with his client would tinction he should leave at an immeasurable remedy the evils of which the laborious briefdistance behind his more profound, but less less complain? Surely not. The diffidence usefully endowed, professional rival? It must and the hauteur, the impracticability and the never be lost sight of that quickness, fluency, want of tact, which now leave our friend Vainknowledge of the world—the peculiar attri- labour unvisited by Attorneys in his aerial sobutes of the advocate- are at least as much litude, would haunt him still. In the art of needed for succeeding in a profession like the conciliating and attracting clients he would Bar, as erudition, depth, and accuracy of rea- still be as much distanced by Silverspoon as soning powers--the proper acquirements of the he now is in the art of conciliating or attractjurist. To borrow your correspondent's illus- ing Attorneys. In fact, there is, I am contration, if Mr Vainlabour-the friendless and vinced, a considerable amount of cant in the briefless martyr to juridicial studies — be a lamentations that are every now and then mere prodigy of legal learning, however pro- poured forth over the Vainlabours of the Bar. found, it is no marvel that he should be it is forgotten that, though they may have eclipsed by Mr. Silverspoon, who, though many talents, yet they have not the precise probably shallow, is yet relatively brilliant. If kind of talents which the active pursuit of all your correspondent really means is, that an their Profession imperatively demands. They unbefriended man of learning has no chance in may be good treatise writers, profound jurists, the competitory struggles of the English Bar generally cultivated and accomplished men, with a well-connected man of more superficial but they do not possess the one talent which but more showy attainments, he has been is worth all the rest-the talent for success in merely concerned in showing that to be the a bustling, pushing, and energetic professional case in one profession which always has been career. and always must be the case in any profession. “As far as relates to the suggestion that But even conceding Mr. Vainlabour to be a Barristers, in all important cases at all events, man possessed of every requisite for profes- should be permitted and encouraged in the sional success except connexion, and Mr. Sil- freest communication with clients and witverspoon to have that requisite, and scarcely nesses, it is one in which I, sir, beg to express any other, I think it may well be doubted my heartiest concurrence. Nothing can be whether the remedy he suggests will have the more absurd and artificial than the conveneffect he supposes.

tional rule of etiquette which in the present “One word, however, in passing, as to the practice of the English Bar is alleged to interpossible truth of the case he puts. Is it indeed fere with it. All I protest against is the infertrue, that the mere patronage of Attorneys can ence that the mere abolition of this rule of etiprovide an otherwise incompetent man with quette would, ipso facto, bring about a revolution remunerative practice at the English Bar ? I, in the position and prospects of the existing memsir, must take leave to doubt this position-at bers of the English Bar. No, sir, if there is to least to the extent in which it is laid down by be a change in the relative position of the two your correspondent. That a certain amount branches of the Profession, let us have one of ordinary, or, as it is sometimes called, .fa- less one-sided and more comprehensive than vour' business may be, and often is, put into this. Let us return to the principles of freea young Barrister's way at the outset, by a dom. Let us break down the monopoly by closely connected firm, is what no one doubts; which the right of appearing as an advocate in but this cannot be carried beyond a certain the Superior Courts is confined exclusively to point. If the object of this patronage be an men who practise as advocates and nothing incompetent person he soon breaks down, and else. Let those who are charged with carryis employed no longer; if competent, it merely ing into operation the recommendations of the comes to this, that connexion has given him Legal Education Commissioners establish two an advantage which an equally competent man separate classes of examinations, one of a more does not possess. This always has been, and practical, the other of a higher order. Let the always must be, the case, human nature re- passing of the former kind of examination, maining what it is ; it is not peculiar to the coupled with service under articles, entitle the Bar, it is common to all professions ; it is the Law Student to practise as an Attorney alone; natural and necessary law of all branches of let the passing of the higher examination enhuman employment. Be it also observed, in title him to practise either as an Attorney or passing, that the faculty of conciliating and as an Advocate, as he pleases. acquiring confidence and connexion is one of “In the United States this mixed system the legitimate arts of rising in life which is too under which partnerships are formed, of which

TION SERVED.

OF

APPLICATION

ON

NON-ATTORNING

242

Law of Attorneys.--Law of Costs.-Notes on Recent Statutes. one member practises as an Advocate and the of the Rolls said :-“I can have no doubt, others as Attorneys-has long existed with from the information I have received from the best results to the Profession and to the the officers of the Court, and also from the Public. It exists in this metropolis :- Mr.

case in 1 Keen, that the four day order Lawrance, the ablest practitioner in our Courts does not include costs. The order must, of Bankruptcy, is an Attorney in partnership therefore, be varied in that respect.” In re with other Attorneys. In bankruptcy he practises, and with marked ability, almost exclu- Christmas, 19 Beav. öl9. sively, as an Advocate, leaving the preparatory and chamber business to be transacted by his

LAW OF COSTS. partners. Now, what an absurdity it is that a man of such proved ability as Mr. Lawrance of UNNECESSARY APPEARANCE ON PETIshould not have the right to make the commonest motion in our Superior Courts of Equity or In a suit for the administration of an estate, Common Law, but should be compelled, if he

a considerable number of annuitants, who were wants to do so, to retain the services of some young gentleman in horsehair, who has quali. interested in the residue (if any) in the event fied himself for the practice of his Profession of the testator’s daughter having no children, by spending a certain number of bours in a had always been served with the petitions relecture-room, in addition to eating a certain lating to the estate and attended taking the number of dinners in a hall. How oppressive it is that if Mr. Lawrance wished to procure a accounts. call to the Bar, he could only do it by renounc- A petition was afterwards presented (since ing, for at least three years, the exercise of that the 15 & 16 Vict. c. 86) relating to the exbranch of the Profession in which he is now

change and inclosure of lands, and which was engaged. No, sir, perfect freedom in this, as in all other departments of human activity, is served on the residuary legatees, who claimed the only true rule. Let the lawyer who has to have their costs inserted in the order. talents for advocacy act as an Advocate, let the The Master of the Rolls said that the costs man who has talents for attorneyship act as an must be refused. Day v. Croft, 19 Bear. 518. Attorney; let both combine their separate capacities, if so minded, into one firm, discarding their present unnatural relationship of real

TENANT TO PAY ARREARS OF RENT. patronage on the one side, and simulated distance on the other, looking to the public as

A tenant of certain property of which a their own patrons, and to professional merit as receiver had been appointed in the cause, rethe sole passport to success. By the adoption fused to make any further payment for rent, of this plan, I believe, that while the Vain- stating he had received notice from two delabours would be benefited, the Silverspoons fendants not to do so. The receiver died and would not be injured, and the public, which really should go for something in the matter, a new receiver was appointed, to whom the would be the greatest gainers of all.”

tenant still refused to pay rent, although ap

plied to. LAW OF ATTORNEYS AND SOLI

On motion, upon notice, an order was made CITORS.

for payment of the arrears within 14 days, together with the costs of the application. Hob

son v. Sherwood, 19 Beav. 575. An order was made on May 11, 1854, with costs, on a solicitor to deliver his bill NOTES ON RECENT STATUTES, of costs within four days or stand com- EQUITY JURISDICTION IMPROVEMENT ACT. mitted, and on the same day notice was given for the 13th to draw up the order, ORDER OF Revivor AND SUPPLEMENT AS which was done accordingly on that day in the solicitor's absence.

An order of revivor and supplement may be On a motion to discharge or vary the made as of course under the 15 & 16 Vict. c. order, upon the ground of irregularity, there 86, s. 62, with the addition that “the personal being but one day intervening between the notice and the passing, and also that costs representatives may admit assets in chambers or were never given in such an order.

account.” Edwards v. Batley, 19 Beav. 457. Mr. Bidwell, the Registrar, on being re

PAYMENT OF MONEY TO REPRESENTATIVE ferred to by the Court, said that by the practice of the office, notice of drawing up an order served on one day for the next was

It appeared that there was no legal personal regular ; and on the other point the Master

' Peasnall v. Coultart, 1 Keen, 183.

FOUR DAY ORDER ON SOLICITOR TO DE

LIVER BILL OF COSTS.

OF COURSE.

UNDER S. 44.

do.

Notes on Recent Statutes.-Order in Chancery-Transfer of Causes.

243 representative of Lydia Sutton, and a person Foster v. Griffiths, cause. was appointed to represent her estate in the Inman v. Davison, motion for decree

Horne v. Warr,

do. suit under the 15 & 16 Vict. c. 86, s. 44.

Abbott v. Darnell A sum of 4931. was found due to her estate

Porter o. Berwick do. which it was proposed to pay over to such re- Barker o. Delahunt, cause presentative.

Hawthorn v. Sbedden, motion for decree
Gibson o. Parsons,

do. The Master of the Rolls said, “I cannot order

Haddy v. Earle, cause the money to be paid over to this gentleman,

Peterson v. Pigott, motion for decree for he is not the legal personal representative. Nayler v. Laurie, cause It must be carried over to the separate account

Wade v. Candler, motion for decree of the legal personal representatives of Lydia

CRANWORTH, C. Sutton."" Byam v. Sutton, 19 Beav. 646.

John Romilly, M. R.

TRAXSFER OF CAUSES.

do.

ORDER OF COURT OF CHANCERY.

SECOND SCHEDULE.

From the Vice-Chancellor Wood's Book. WHEREAS from the present state of the

Symers r. Wilkinson, cause business before the Lord Chancellor and the

Bass v. Gow, cause Master of the Rolls respectively, it is expedient

Wood o. Jackson, motion for decree

Lord v. Hammond, that a portion of the Causes set down before the Lord Chancellor to be heard before the

Newman r. The Engineers’ Masonic, &c., Vice-Chancellor Sir William Page Wood, and Life Assurance Society, cause a portion of the Causes set down to be heard

Wyllie o. Green, motion for decree before the Master of the Rolls, should be re

Deere o. Notley, cause and petition spectively transferred to the Book of Causes

Sugden o. Crosland, motion for decree
Wenn o. Notley,

do. to be heard before the Vice-Chancellor Sir

Neal v. Kerrison, cause John Stuart. Now, we do hereby Order that the sereral Causes set forth in the First

Ashton o. Wood, motion for decree

Forbes v. Forbes, cause Schedule hereunto subjoined, be accordingly transferred from the Book of Causes of the

Arklay v. Stedall, do.
Master of the Rolls to that of the said Vice-

Ulyet o. Osborn, motion for decree
Smith v. House,

do. Chancellor Sir John Stuart. And we do fur

Peed o. Johnson, cause ther Order that the Causes so to be transferred (although the Bills in such Causes may

Bryant v. Bakerdo. have been marked for the Master of the Rolls,

Taylor o. Baker, do. under the Orders of Court of the 5th May,

Bradley o. Raynar, motion for decree

Spring' o. Haslett, cause 1837, and notwithstanding any Decrees or

Coleman o. Fraser, do. Orders therein made by the Master of the

Hare v. Earl of Listowel, do. Rolls) shall hereafter be considered and taken

Everson v. Mathews, motion for decree as Causes originally marked for the Lord Chancellor, and be subject to the same regu:

Pettit v. Jaques, cause lations as all Causes marked for the Lord

Forman v. Hudson, motion for decree

James 0. Homes, cause
Chancellor, are subject to the same Orders.

Head o. Haswell, do.
Provided, nevertheless, that no Decree or
Order made by the Master of the Rolls in any

Lee v. Olding, motion for decree such Causes shall be varied or reversed other motion for decree

Horn o. Kilkenny, &c., Railway Company, wise than by the Lord Chancellor or the Lords

Bosley v. Homes, motion for decree Justices. And I, the Lord Chancellor, do

Lash 0. Miller,

do. hereby Order, that the several Causes set forth

Holborow v. Ricketts, do. in the Second Schedule hereunto subjoined,

Watson v. Murray (2), do. be transferred from the Book of Causes stand.

Backhouse v. Wylde (2), do. ing for hearing before the Vice-Chancellor Sir

Fox v. Dakin

do. William Page Wood to the Book of Causes

Grainger o. Slingsby, cause for hearing before the Vice-Chancellor Sir

Buncombe v. Marshall, cause John Stuart. And this Order is to be drawn

Howard v. Kidd, motion for decree up by the Registrar and set up in the several

Leake v. Cordeaux, cause
Offices of this Court.
CRANWORTH, C.

The Official Manager of the Northern Coal

Mining Co. o. Walters, cause
19th Jan.
John ROMILLY, M. R.

Bayley o. Jones, motion for decree
Lea o. Smith, 'cause

Cox u. Sutton, cause
From the Master of the Rolls' Book. Dalton v. Veness, motion for deeree
Powell v. Lovegrove, cause

Fisher o. Heath, cause
Walker o. Cobb, motion for decree

Young 0. Hunter, do.

FIRST SCHEDULE.

244

Inns of Court Commission. Saloway v. Strawbridge, motion for decree first instructed at the Inns of Chancery, and Varty v. Hartley, cause

afterwards without division admitted into the Horner v. Heath, motion for decree Inns of Court. The members of the Inns of Bond v. Richardson, do.

Chancery always were and are now Attorneys CRANWORTH, C.

and Solicitors. In Lord Coke's time the Students were about 2,000 “ filii nobilium and

gentlemen born,” at which period the populaINNS OF COURT COMMISSION. tion of England could not have exceeded one

eighth of the present number. And lastly, the To the Editor of the Legal Observer.

rents and profits of the Inner and Middle

Temples, granted to the Benchers thereof by Sir, I have carefully perused the Com

charter from King James 1st in the 6th year missioners' Report respecting this subject, of his reign, were to be applied unconditionally and, so far as they have gone, they appear to to the lodging and education of the Students have evinced considerable labour and talent, I and Professors of the Law. which the Legal Profession and the Public Consequently, I do not conceive it would must gratefully appreciate. Still my opinion be just for the Legislature to grant a charter is, that the report, if adopted, will not resusci-for the incorporation of the Societies of Bartate the ancient Law University which existed risters as a' “ Law Institution,” without inin the days of the Tudors and the Stuarts, nor cluding every branch of the Law, while the will it represent the learning of the law exist- members thereof should have equal constituent ing during this present reign, or in fact bear rights and privileges. Our Incorporated Law out the signification of its title of “Law Uni-Society of Great Britain, being a corporate versity.” In March, 1854, I communicated l body representing Solicitors, Attorneys, and with the Right Honourable Joseph Napier on Proctors, should be included, pay its proporthe subject of incorporating the Inns of Courttion towards the revenues of the proposed and our Law Institution, and also generally " Law University,” and possess equal rights respecting the education of our Students, and comparatively to its pecuniary assistance as an I received a most courteous reply, of which Inn of Court. This condition should be rethe following is a copy :--

spectfully, firmly, and energetically urged upon “1, Whitehall Gardens, Wednesday, the notice of the Legislature as our just and “Dear Sir,—The question of education of

consistent rights. Solicitors and their Students is of great im

I think we have a locus standi in the scales

of Justice when we ask that while the importportance, and no doubt will engage the attention of the Commissioners. I would not spel

| ance of our pecuniary position has been so secifically put it forward in my notice, as it

riously affected by the Legislature diminishing might have added a difficulty which might

our incomes and by their in part removing the have prejudiced my motion. It is not that I

money barrier on entering our branch of the

Profession, without supplying in its place an feel the less interest in it, but I have no doubt

additional mental barrier, that our professional it will easily be followed up with satisfaction

and social position should be maintained, if and success when we overcome the greater

not raised, and that the Bar should not cast us evil and difficulty of Bar admissions. The whole question of professional education is,

in the shade by possessing, in addition to their

present high favours in the realm, an exclusive I think, of great public consequence, and I anticipate a good result from the inquiry

crowning point of a Royal State “ Law Uni.

versity," with power to confer upon themselves proposed. “Most truly (in haste)

only legal honours and degrees. With such

courtly favours, the Bar will be overcrowded “J. NAPIER.”

by aspirants, and the excluded Roll “sent to I submit there should be but one “Law Coventry " for want of Royal distinction. University," with departments controlling the The present exclusive course, I expect, will * Bar” and the “Roll," upon the graduating excite distrust and opposition, whilst much principle of the Universities of Oxford and good to the contending parties will be lost. Cambridge. The proposed “ Law University” “Unita est vis "-Let the “Law University" must be defective in its title, as it impliedly be properly incorporated so that the pristine includes all branches of the Law, whereas ac- lustre of the ancient institution founded after cording to the Commissioners' Report, it will the establishment of the Common Pleas may be in fact a University for Barristers only. I be revived with increased learning and renown. assume that two Universities or Colleges for The Commissioners have certainly laid studying the Law would be most invidious down sufficient extent of learning to be acand unprecedented; because in the City Law quired previously to an honour or degree being Schools existing before 19 Henry 3, there was conferred; but why should not the Senate have no division of Students. These schools were the power, if not the wish, to confer also the unfortunately suppressed by King Henry's degrees of Bachelor of Laws and Doctor of proclamation, upon the promise of the Four Laws,-likewise honours of a double first Inns of Court to lead the Law themselves. class, or first and other class Wranglers, and Also, upon the authority of Coke, Fortescue, of an Associate of the University. I assume and other authors, the younger Students were that the degree of “B. L.” should be accom

« EelmineJätka »