Omaha daily bee., 1888-01-20
FOR A LEGAL REFORM.
A Radical Revolution Urged in Eng.
liSl IaN.

lCOpmigM 1888 by James Gordon Bennet1
LONDON, Jan. 10 New York Herald
Cable-Special to the BEE "A radical revo
luton now moves here not only in politics
but law No less person than the solicitor
general, Sir Edward Clarke, Q. c., NJ p,
has thrown his conservative influence in
favor of union of solicitor and barrister in
one person the same as in the United States
Presiding ut the annual dinner of the Bir-
mingham law students society which was
attended by large number of solicitors and
barristers, he took the boldest ground vet
taken in England for this reform. He
has great majority not only of
solicitors, but of influential barristers
against him. The junior barristers
are with him because they can, while await
ing to become gray, do much solicitors work
The evil to be redressed is an expensive and
tedious one. English solicitors get no re-
tainers or counsel fees, and must do some
thing at court in order to earn costs hence
these favor litigation. There is no pecuniary
inducement for English solicitors to compro-
mise or negative, or SETTLE and the tempta-
tion is to bring or defend suits nilly-willy in
order to get business and make costs But
let the solicitor general state and discuss the
the thousands of lawyers and litigants among
your readers. He began:
'Let us see how private petitioner, hay
ing ground of complaint to enforce his rights
by law, is affected by the system. He goes
to the solicitor and explains the case and
asks if he ought to bring an action. He is
advised to do so. A writ is issued and an
action launched, The pleadings, presenting
M ,nl
office, summonses are heard at chambers, or
ders are made, and the solicitor or clerk, who
is always in communication with him. does
the work Then comes the trial. 1t may be
that the case is sent down to
county court for trial. If So the solicitor
may appear He has his bundle of papers
containing all the notes taken and all the
suggestions made. He knows the whole
case and he conducts it in this inferior court
But if the trial is in the superior court coun-
sci has to be instructed, all the facts set
down in writing, all proofs of witnesses
written out with such fullness that person
who has never seen them and who comes
fresh to the case shall know exactly
what they can say in the matter.
Then general observations are added by the
industrious clerk and it goes to the law sta
tioner, who puts it upon paper most incon-
venient IN size and shape. The statement Of
facts, pleading, correspondence and observa-
tons are fully written out in round hand.
The observations are not very often read by
any one after the first draft is made but they
go at q I'd the folio for the draft, and I'd the
folio for each of the brief copies and then
counsel is instructed, the brief fees are paid,
and at an enormous cost the knowledge
which the solicitor had has been conveyed to
another person in order that he may put be-
fore the court the matters which probably the
solicitors know much better and could ex-
plain as well In most cases the counsel is
not the choice of the ltigant, but simply
counsel usually employed by the solicitor.
Whether he performs, his duty or neglce.a it,