The Sun.
London, England, 1854-10-30 00:00:00

effect, he proceeded to observe that both in ancient and
modern days the profession of the law in every civilised
state had been of the very highest importance—s3cond per-
haps to none. The necessity of introducing judicious ame-
liorations of the law was admitted by all ; but if they looked
at the statutes passed by the British Legislature with'n the
last 10 or 15 years, how many would they find that had
become dead letters / How many had been framed in
utter ignorance of what was absolutely necessary to bring
them to bear upon. society? The most cursory glance
at many of their acts would show how ignorant were
those who framed them of the requisites for carrying their
own laws into practical operation. (Hear, hear.) A great
deal of this was owing to the distinctions existing in this
country between the bar and the solicitors, who were—if
they went really to the bottom of the thing—the mere
servants of the bar. The judges were of the bar, and acted
and made rules for the professioi with bar prepossessions,
with views drawn from bar practice, and with an earnest
desire to uphold at the expense of one branch of the profes-
sion, though they may not know or intend it, and of the pub-
lic at large, the interest so called, of the bar. (Hear, hear.)
Why was there this arbitrary distinction between the bar
and solicitors in this country ? Ho regarded this as an
interesting question of economical science, and well wor-
thy the attention of political economists. If they went
to America, they would find there a body of lawyers than
whom none could be found nom distinguished. Who

sent to England their best text-books, their Storeys,
their -Kents, _ and such works as Sedgwick, on the

measure of damages a matter never touched by any
English writer 3 They come from America. They naturally

asked, what were the arrangements of the legal profession
in a country where they found lawyers becoming presidents

of the republic, as was the case with General Pierce, who
was a successful lawyer before he became a soldier. They
found that, practically, each took the department he thought

best suited to himself ; some acting very much as an
attorney does in England, and others spending the greater
portion of their time in the courts as advocates ; but there
was no distinction in legal status between the two. (Hear.)
Were they wise to allow in England the continuance of
the present wide gulf between the two branches of the pro
Cession? that was a question which lay at the bottom of
Cie efficiency or non-efficiency of the administration of
the law, (Applause.) The speaker then turned to the
abortive statutes which had been passed by the Legislature

within the last few years, especially mentioning the .tia
leering in the bankruptcy laws, which he said had been
altered Ind re-altered, modelled and re-modelled, extensive
provisions introduced, and enormous expenses incurred,
which never would, have been heard of if practical lawyers
had been consulted, and if practical knowledge, instead of
theories 'destitute of any pervading principle, had been
allowed to _have weight in the framing of those-laws. (Hear,
hear.) Adverting to the different systems of England and
AmeriCas he said that he asked the opinion of Mr. Dudley.
Field, one of the most able lawyers of New York, as to the
emeriean system, and he received for answer, " Do you
think that Storey or Greenleaf, or other such text-writers.
would have been able to write the books they have, if they
had not begun by practisiug as solicitors, and been in the
habit of' confidential personal intercourse with all classes:
of the People with whom they had to deal ?" (Applause.)
The question was -by some regarded as theoretical ; but he
concurred with a learned judge, who said the other day that
it woul in a short -time become one of the must preseing
practical subjects bearing upon the welfare of tee lege,
professidn and Vee- administiettion of the law. (Applause )
He then! referred to the reeistratien seheme of the session be-
fore last, which he eharacteriszyl as.the most ignorant and
raisehimus project ever propounded, and one which might
well be laughed at and ridieulod by any man who had spent
a fortniiht with his eyes open in a solicitor's office. It would
have entailed enormous expenses upon the owners of pro-
perty ; it would have gone -far to render every title in the
country bad, and it would have made the transfer of land
-next to impossible. (Hear, hear.) Referring to the. regula.
'lons of 'professional remuneration by Act of Parliament, he
said the Jaws of bygone ages regulated the charges of dealers
in most'of the necessaries of life, but this ignorant legislation
had ions ago given place before the rational princip'e of leav-
iag prices to be regulated by supply and demand, to all
classes pf the community except solicitors. In their case
only thd antiquated absurdity was still retained. He illus-
trated its absurdity by several instances. One was that they
were paid at the rate of ls. per folio, so that if they had a
draft oil a hundred folios, and simply wrote it out, they were
entitled' to 51. It was often much less laborious to frame a
long draft than a short one, and if they spent half a day or a
day iu shortening the draft, so as to make it not more than
tiny folios, but probabry more valuable for their client, on ac-
count of the mental labour, then they would have their bill re.
dineed to 21. 103. ; thus losing half their fee, besides all their
time and trouble. These arbitrary and-vicious regulations—to
which, by the way, the bar was not subjected—made it the
immediate and apparent, though not the ultimate or real,
interest: of lawyers to object to improvements ; but if these
restrictions were removed, and they could charge fairly and
equitably, then they would be free from all temptation, or
the appearance of temptation, unfavourable to legal returns.
Nuothet• of the crying evils which the public sustained, by
these restrictions upon attorneys, was the high premiLmi
they of ired for employing the bar where no real necessity
existed. He gave a strong instance of this in Chancery prac-
tice. Their interlocutory questions, which used to be dis-
cussed in court, and by the employment of barristers, might
now be disposed of at the judges' chambers, through the
agency of the so'icitor ; and he had not suafrequently spent a
considerable part of the night in preparing for an argument
on such points in chambers the following day, and sense
hours during the following day in the judges' chambers.
For these exertions he might claim 13s. 40. ; or it the officer
were in, a generous mood, get If. ls. But if instead of taking
this trouble ho went to chambers with a mere glance at the
papers, and stated that there was any difficulty in the ease,
and that it had better be taken into court, it was readily
ordered, and he would get his 13s. 4d. for attending the
court, or sending a clerk to attend it, besides his six or Berea
guineas for preparing the brief for counsel. So that
here again the regulations were made to work advan-
tageously for the barrister, by inducing attorneys to place
briefs in their hands ; and disadvantageously for attorneys
and their clients, whose interest it was to have the work
done well at a reasonable cost. (Hear, hear.) The arid-
trary rules of pay imposed on their branch of the proteesion
presented to the judgment of the political economist
many other contradictions to those rules which nature
itself under the free-trade principles of supply and dery end
displayed, not only in many other occupations, but even in
that branch of the legal profession which was the lawgiver
on this subject to attorneys and solicitors. By nature, skilled
and experienced labour obtained higher wages ; by the legal
tariff imposed on attorneys the work of the attorney who at-
tained the age of 21, and was admitted last term, was assessed
at the same rate as the work of the most able veteran of the
profession ; while by the rules of the bar a higher fee must
always be paid to the veterans than to the juniors Another
point of similar interest was the special rule to exclude attor-
neys from becoming barristers. Any utterly unlegal man, a re-
tired tailor or scavenger, for instance, might be called to the
bar in three years, while, for purgatorial reasons, he supposed,
the attorney, who knew necessarily something of the subject
beforehand, was required to wait five years. These were im-
portant 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 interest of the public
and the interest of a great body like their profession. (Cheers )
R. E. PAYNE, Esq. (Leeds), seconded the resolution, in
which he expressed his most hearty concurrence.
The resolution, as well as all those subsequently proposed,
was carried unanimously.
R. A. Payers, Esq. (Liverpool), proposed the next resolu-
tion, which was—" That although these objects have to some
degree been obtained by means of the various local law as-
sociations throughout the country, yet it is only by such
an organisation as that of the Metropolitan and Pro-
vincial Law Association that they can be effectually secured."
He said he thought their associations in the various localities
had been of much service in keeping up good rules and pre-
serving the etiquette of the profession, as well as in discour-
aging those who might otherwise have a.cted with impropriety.
(Hear.) 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 iu terms of praise of the con-
duct of the gentlemen in London who hail taken an active
part in the management of this association, and especially
eulogised the conduct of the worthy secretary, Mr. Sheen,
to whom ho wished to- pay a tribute of thanks, in the name of
ibliels:sbroeftthhreenmgeetnroepraollliyta.n (pplause.) He said that the
auramem-
Provincial Law Association had
received more than the value of their stibs.riptions 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. (Applause.) ,
W. H. Moss, Esq. (Hull), seconded the resolution. He
said it wanted no meeting like that to satisfy the gentle-
men 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.
(Hear, hear.) It was but right, therefore, the public should
know that the most able and successful reformers of their
own profession were the lawyers. (Applause.) 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 alteration and reform without regard to personal feel-
ing or pecuniary considerations. (Applause.) So much did
this feeling pervade the profession, that it would be found
DAM investigation that many measures, for which the Go-
vernment or some eminent judge or barrister had received the
warmest praises throughout the country, had really originated
with; or been suggested by, some metropolitan or provincial
attorney. (Hear, hear.) 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.
friend,songht ttLeirsoalideviitoserr,
inanmadtreadrs eofhilifme
and
doe confidant, their
tary
erusoncternhisa,parnodpeirntyd,ohniisestirecpafllutatt:nons,
h.is
pahezeita,teiadthtoe
hands of his attorney ; and yet the attorney was, by the very
r men who placed implicit reliancenpon hishonour and 'ty,
declared unworthy of trust when his own. peen • interests
were concerned. They declared the attorney to be competent to
do anything and everything but charge - 6s. Bd. (" Hear,
hear," and laughter.) The speaker next adverted to the
attacks made upon the profession by a portion of the re
and said he looked forward to the time when theppressa;
would see it to be its duty to defend the profession from the
unjust aspersions cast upon it. (Applause). After pointing out
the beneficial operation of the local law societies, and the far
greater benefits conferred by the Metropolitan and Provincial
domesticdi rMe
aeetnohnn, o f all
ranks
Law Society, Mr. Moss concluded by urging all the gentlemen
present to become missionaries is their several localities, and
spread the knowledge of the association and increase the num-
ber of its members. (Applause).
T. HODSON, Esq. (York), proposed the third resolution, as
follows :
" That this meeting, therefore, pledges itself to sup-
port the MetropolitananfdarPrthoevipnucripaloseLaafwplacAsinsogeiiattoinonsubehy
every means in its power,
n from Mr. Field,
his concurrence a footing as shall eneaubclee to act
hwaitdh
faellffieciency." He ex-
presseddwi
satsi
ancot
isatuas-
o
between the two branches of the legal profession which had
andt
u t e Si
an
dt
ti
ihs act o sun tfia• yr a wary hhiicshk roewalteeddgtehwe eanrtbi ttit yr e
been assumed and acted upon by the bar, who had been
allowed, by the sanction of the judges, to form themselves
into a sort of club, claiming the exclusive right of advocacy
in every court in the country. The bar had, of course, a
right to frame their own rules, so ion as they did not
interfere with the rights of the public ; but seeing that
the interests of the public were seriously interfered with
by those rules, it was the duty of the public to interfere
' and stop the monopoly. (Hear.) He believed that in the
popular mind the position of the profession was improving.
(Hear, hear.) And he was quite satisfied that the odium
into which the profession fell years ago, arose in a
eeqvue enn
if
y he
se.'rfetah l te
measure, from bad legislation, and the sad state
to advisea his law, which
compelledpe rerveecrytlyhgoonoedst
caatstznaeayt
ha ato venture to go to law. (Hear, hear.) But now that there
were so many improvements in
the law, and people began to
see that justice would be done them,th • taken feeling against attorneys was rapidly Wearinoffe mot ththat it ht
ever to have existed, the fault havinggbeea—nought
with the law, an
not with the lawyers. (Hear, hear, and applause.)
ARTHUR RYLAND, Esq. (Birmingham), seconded the resolu-
tion, and referring to an observation made
by Mr. Mom, said