A Philadelphia Lawyer in the London Courts
MITTEE OF THE INCORPORATED LAW SOCIETY-RULINGS O
s are obtained, upon the whole, considering that human nature is alike the world over. The General Council of the Bar governs the Bar; the Statutory Committee of the Incorporated
nn. They alone have the power to act and nearly always follow the recommendation. Probably little difference exists in their deliberations, methods and actions in serious cases and that of corresponding discip
te. This is accomplished by resolutions upon submitted questions which seem to fall into two classes: those which are found contrary to a "Rule of the Profession" and those which are pronounced to be "Undesirable Practi
ers are familiar with such commandments as "Thou shalt not steal." They deal chiefly with the more refined questions of profe
ntrary to a rule of the p
otation marks are the Council's) that no barrister should habitually practice in any coun
e, it would prevent a son's following his father's profession. The ruling merely illustrates that in England there is an authoritative body which could be asked to declare how the profession regards such a dif
of the profession', is shown in the following, which refers to revenue laws req
ntly, stamped, unless such defect goes to the validity of such document. It is also undesirable that counsel should take part in any discus
subject of judicial rulings
anding that it is irregular for plaintiff's counsel to mention during th
h an official to be called to the Bar. (An. St. 1896-1897, p. 9, 1898-1899, p. 10, 1899-1900, p. 5.) Again it has been held that there is a generally understood "Rule of the Profession"
the aversion to anything
ers of the Bar to furnish signed photographs of themselves f
e the f
ers publishing the names of counsel in connection with opinions printed in their c
rs invariably print the names of all counsel and solicitors engaged in any reported litigation and the o
losing none of its interest. The perusal of these reports, instead of leaving a desire to know what really occurred, gives a feeling of being fully informed. Brevity is served by admirable condensation of the evidence, arguments and rulings, and by the use of the third person in narration. By occasional recourse, too, to the first personal pronoun, and a verbatim report o
speculated upon the probability of Crippen's guilt, was summoned before the court after the trial had been concluded and was fined £100 on the ground that the article was calculated to interfere with the cause of justice. A prominent Lond
ccupation. During the established vacations many junior barristers take only a few days' holiday and particularly on the Chancery side, quite a number of them and also a few K. C.'s are at work in their chambers or attend the weekly sittings of the Vacation Court during the greater part of the Lon
h to the first Monday of November. The result of the discussion was to shorten it, by making it begin-as it now does
intimately identified with litigation conducted by them as are American lawyers and that their cases are
ional fee. Special circumstances may justify his refusal to accept a particular brief. Any complaint as to the propriety of such refusal, if brought to the attention
t offer inducements for briefs
nt to any one introducing business to him would be guilty of most unprofessional conduct
ai
ggested that Mr. B. should give him the clerk's fees which he would have received on it, had Mr. A. been on circuit and so able to accept the brief. Mr. B., considering that such a practice might lead to serio
ons to the rule that a barrister's clients are exclusively solicitors
exam
tion of a solicitor, but it is an undesirable practice. If fees should be taken for such opinion, such fees must be marke
l
e in advising, without the intervention of an English solicitor, on a case submitted to him by a colonial a
sman for a deputation of contractors waiting upon a public body, nor on beha
dignity in his relations with the
t is contrary to etiquette and improper for a barrister to attend conferences at a solicitor's offic
y of a devil, while avoiding quasi-partnerships, has been the occasion for frequen
m in court as if the latter counsel had himself been briefed; unless the client consents to this course being taken.... In the Chancery Divis
s not uncommon for one counsel to devil a brief for another
emuneration for devilling, or assistance given by one
, generally one half, of the fees the former receives in respect of opinions or drafting. In the King's Bench Division, remuneration for devilling of br
in the case of a King's Counsel who desires regular assista
ctice to pay any remuneration in the rare cases w
so far as they know) practiced between Counsel: and they are of opinion that the etiquette of the profession forbids
in payment should be "exposed and punished" assistance may be given by the Council to a barrister in taking proceedings before the Statutory Committee of the Law Society-the solicitor's governing body. (An. St. 1901-1902, p. 13.) Ag
nce in consultation with a junior. A King's Counsel in accordance with a long-standing 'Rule of the Profession' cannot hold a brief for the plaintiff on the hearing of a civil cause in the High Court, Court of Appeals or the House of Lords, withou
of the resolutions as it states a fund
prevents him from accepting a brief marked with a fee bearing a less proportion to his leader's fee, it is in accordance with the practice of the profession that he should refuse to do so in the absence of special circumstances affecting the particu
is not a member, to see that the solicitor retain a junior belonging to the ci
cuits) is that a counsel going special on to one circuit from another circuit should, if a King's Counsel, have a special fee of 50 guineas in addit
uestions to arbitration, the board to be composed of the chairman of the General Council of the Bar (or some member of that Council to be
g is a curio
unior. And such questions as, who is the best man for a witness action in such a court? Which leader is persona grata in such a
t such an act would not only violate the etiquette which forbids any barrister to laud or decry another barrister to a solicitor, but also that it might savor of co-operation in the
of them would be totally inapplicable to American conditions, and, beyond affording a glimpse of peculiar customs and an elaborate etiquette, possess little value here.
tiously comment upon the array of solicitors and counsel representing a plaintiff apparently not possessed of a sixpence, and express wonder that he is able to afford it, the information will be forthcoming that some solicitor's clerk was probably in a neighboring "pooblic" and, hearing of an accident, had followed the injured man, perhaps to the hospital, and got the case for his ma
aditions. This is especially true in these days when law schools are grinding out members of the Bar who have had no real professional preceptors. As disbarment or suspension is too severe a penalty, such lapses pass unreproved and the standards sink, a result much more deplorabl
conditions would be steadily forced upon the attention of the whole profession, instead of