The Sun.
London, England, 1852-02-24 00:00:00

forward seven distinct resolutions on these points, all
of which are deserving of mature and serious consi-
deration. We do not say that we ourselves render a
full and unequivocal assent to all these propositions ;
but looking to the quarter from whence they have
emanated, they are at least entitled to respectful at-
tention. The first resolution declares " That any
practice which has a tendency to prevent the public
from obtaining the assistance of counsel except
through the compulsory intervention of an at-
torney should be discontinued." Now this
assertion appears to be too general ; it must,
in our minds, be taken with certain quali-
fications. We have no doubt that the division
of labour is in many instances exceedingly beneficial ;
that the interests of the client are better taken care of
by there being different parties engaged on his behalf,
one of whom prepares the " facts," while the other
gets up the law applicable to these " facts," and acts
as the advocate in court. He receives his instructions
from the solicitor ; he can, therefore, act more boldly
and with less personal responsibility than if he had
communicated directly with the party. In every
case, then, where there must be an appearance be-
fore a public tribunal, we think it desirable that there
should be an intervening party ; that barristers should
only appear when instructed by attorneys. But if the
rule be once relaxed, it must be altogether got rid of.
There must be a full and perfect reciprocity, and
if there are to be attorney-advocates in the County
Courts or elsewhere, there must be barrister-attorneys
in like manner. It is well known that attorneys have
in certain localities entered into combinations to ex-
clude barristers from any share of the practice. If
the one go far beyond their sphere of duties, the other
cannot be stringently confined within their own
limits. In all matters relating to the giving of opi-
nions, preparing wills, and other matters of a similar
character, where advice only is sought, the barrister
should be as accessible to the client as the attorney,
and any etiquette to the contrary should be at once
abolished.

The same arguments are applicable to the second
resolution :—"That so much of the 91st section of the
Act of 9 and 10 Vic., c. 95, as prevents a barrister
from advocating the causes of suitors in the County
Courts, unless instructed by an attorney,' should
be repealed." It cannot be defended on any prin-
ciple of justice or expediency that the barrister
should be the only party under a disability, that
he alone should be excluded from practice un-
less instructed by an attorney. The third and
fourth resolutions follow the same rule. It
is suggested-3, that attorneys should not be
permitted to act as advocates in the superior
courts ; and, 4, that attorneys should be eligible to
be called to the bar without any intermediate
Cessation from practice. On the first of these
points the question of reciprocity arises. If the
attorney may see the client, get up
the facts, and
argue the case, why should not the barrister ? If it
be allowed to the one to perform all the functions the
other should in like manner be eligible.
Then comes a most important recommendation—
" That counsel should be made responsible to their
clients for crassa negligentia, breach of contract, and
breach of confidence." Here, also, are two sides of
the case. If the barrister is, as he unquestion-
ably ought to be, responsible for any dereliction
of duty, arising from absence, incompetence, or
carelessness, let him by all means be made liable
for the consequences of his default, but let him also
be entitled to recover a fair remuneration for his
services. At present we can make no legal demand.
It would be a mere nudum pactum to impose any
responsibility without a corresponding consideration.
In every transaction there should be fair equivalents
on either side.

The 6th and 7th resolutions refer to the qualifica-
tions of the bar. They relate to points that have
long been mooted, and the propriety, we might
almost say the necessity, whereof have long been
recognised. They are :—" 6. That a legal university,
composed of the inns of court, and governed by an
elected senate, should be established, and that such
senate should have jurisdiction in all questions con-
cerning the discipline and conduct of the bar. 7.
That all candidates for admission to the degree
of barrister should pass a public examination."
There should be the one recognised head
taken from the different bodies now entitled to
bestow degrees. Each may pursue their own plans
of education, and enforce their own discipline, but
the degree of barrister should come from the general
body—the legal university—and never be granted until
the applicant had shown his fitness and qualifications
for the distinction which may place the lives, liber-
ties, and fortunes of his fellow-men at his disposal.
These suggestions are indeed of vital importance, and
w e
trust
that they will receive the attentive
consi-
deration which they so eminently merit.