Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1873-01-29
THE LAWYERS AND JUDGES OF
ENGLAND.
BY HENRY DAY, ESQ.

BY HENRY DAY, ESQ.
The profession and practice of the
law IN England and Scotland, is di-
vided between solicitors and barfis-
tiers. The solicitor is employed by
the plaintiff or defendant. He pre-
pares all the pleadings and papers and
evidence in every suit, necessary for
trial. He does all chamber business;
such as investigating titles to real
estate, drawing wills, deeds, and all
kinds of law papers. He is an officer
of court, admitted after an eXamina-
ton, TO practice in court, and Is sworn
in before open court. He has no
robes, and, while solicitor, cannot act
as barrister. He cannot open his
mouth in court.
Some solicitors in London employ
over one hundred clerks. The barris-
ter is employed by the solicitor to
! present his case to the court, and TO
try and argue causes before the cO1rt.
He has no partner and generally but
one clerk. He wears a gown and wig
I while in court. He can never act as
solicitor or do any of the solicitors
business; if he does, he loses caste at
I once. He cannot consult with the
1 plaintiff, defendant, or witness. There
I is no act of Parliament prescribing
I the qualifications of a barrister. He
becomes barrister from immemOrial
| customs in this way:
He joins himself to one of the four
| Inns of Court in London, and after
| he has been connected with the same
! for specified time, the Benchers of
/ the Inn call him to the bar that is,
/ they call out his name on certain day
/ after dinner, and declare him called
10 the bar. The Benchers then give
the student a certificate that he is
called to the bar, and with this in his
hand and with a gown and wig on,
he presents himself to the court and !
is sworn in and becomes a barrister.
But there is no act of Parliament for |
all this-only custom. Heretofore, no |
examination of student was required |
to obtain a certificate from the bench |
ers. The only requisite being that he |
has been present at certain number |
of dinners during year, at the Inns |
of Court. If he was a good eater, he
was likely to make good lawyer;
such was the presumption.
The Benchers are aiming at q more
dates for the bar.
In America there is much more
knowledge of the law required in the
candidates for the bar, than in Eng
land; and it is my judgment that the
lawyers of America, as body, are
better educated in their profession |
tiian the barristers of England, as q
body. The American lawyer must
hnr haA cf u m a W
and pass a rigid examination, before
he can be admitted to practice. The n
his practice combines that OF the En-
g'ish solicitor and barrister. He draws
his own papers, examines bis own
witnesses, prepares his own case, and
consequently he better understand
and is better able to try his case. The
English barTister knows nothing of
his client, his witnesses, or his case,
except from papers put into his hand,
in court. English lawyers see their
disadvantage, and I think they are
preparing gradually to abolish the
Gistinction between balTister and So
licitor. In ancient times the barris-
ter was supposed to serve his clients
Without any charge, but this remar-
kable disinterestedness did not pre-
vent him from receiving q present
from the client, and for this purpose
there was a small pocket On the back
of n is robe or toga, into which this
present was quietly slipped by the
client. To this day, no bar
rister in England can recover at law
any charges for his services; and
therefore, as is very proper, he re-
ceives his fee in advance, when the
papers on which he is to act are put !
into his hands; but even now, so |
strong is the power of an old custom !
thai in his gown will always be seen
at the back the little pocket, remind {
ing the clients generally, that there {
is a way i'm which a lawyers disinter-
ested service can be rewarded, even '
while he speaketh.
There are four Inns of Court in .
London, which have the sole authori-
ty of calling men to the bar. The In |
a er Temple, the Middle Temple, Lin G
coins Inn, and Gray's Inn. To one e
of these Inns, all the barrisIers of 7
England belong. The Inn IS corpO- Q
ration consisting of barTisters. Their q
Trustees, who hold legal title to their L
and manage their affairs,
aud who are elected from time to l
time, are called Benehers. a descrip- E
ton of one of these Inns will describe I
the whole -
The Inner Temple is very ancient '
supposed to be the legal
successor to the rights, privileges and
property of the knights Templars in .
London. They are a corporation with
q large tract Of land of about thirty U
acres, between Fleet street and the d
the heart of London; on y
which are erected numerous buildings 4
like our modern college buildings, s.
and divided like them into chambers.
These rOUms are rented only to The =
Darristers belonging TO the Inn. The u
revenues from them amounts TO about Is
seventy thousand pounds annually i
They have in their grounds one of the II
inest churches in London; also a Il
law library, an immense u
lining hall and kitchen. There is an 81
annual tax laid on each membeI.- te
The Inns are very much like mod "
,rn club. The Benchers are the Di- ID
The funds are disposed of in Io
1eeping up the library, which is !"
the finest law library in the u
YOr q; in supporting the church chO- to
al Service; and in paying for fine din q
lers, which are daily provided in its 81
immense halls. The dinners provi- y
led for the Benchers, always at I
eparate table, are prOverbiSl. The + +
present Lord Chancellor has express 81
ID a determination to inquire into the ~
manner in which the immense reve- az
lues OF the Inns are expended. Evil Ia
iently limiting that too much eating
md too much wine do not necessarily
make good law or good lawyers.