Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-04-25
Costly Lawsuit Shows
Absurditles of English System

tinguished from the JURORS by the
fact that their gowns are of silk while
those of the juniors are of stuff.
They are also compelled by the ETH
uuetto Ct the pre- fessiou To charge a
higher fee than the jun, rs, and the
style of wig that they wear in court
is little different from that worn
by the juniors.
RETAINERS AND REFRESHERS.
Etiquette also ignores the fact that
the barrister is entitled TO receive a
fee. In fact the law does not allow
him to sue for his fees and he solves
this difficulty by insisting on sub
stantia retainer before he under
takes the case at all, and an equally
substantial "refresher' each morning
before he goes into court. He is not
permitted. again by etiquette, to re-
ceive these fees for himself They are
paid to his clerk. and the custom OF
the profession requires that the fees
shall all be estimated In gulneas instead
of pounds. a guinea is one pound, one
shilling, and the theory Is that the
clerk receives the shilling and the bar
rister the pound.
DIGNITY Al ALL COSTS.
There was time when barristers
were not required to have clerks, but
even then they could not compromise
their dignity by receiving money di-
rectly. There is a curious survival OF
this time in the hood shaped bag which
hangs from the back OF the barrister's
gown, 1t is popularity supposed that
this Is really a, hood, but it Ia not In
the early days of English litigation the
solicitor dropped the fee into this bag
as he followed the member of the senior
branch of the profession into court.
Etiquette also prevents the barrister
from seeking cases In any way, but
that IL overcome by the activities OF
his clerk. A clerk with o. large ac-
qualntance among solicitors managing
clerks Is a valuable asset to any bar
rister. and there are hundreds OF So
licitors' managing clerks in London who
would think that times were very hard
indeed II they had to pay for their own
dinners two days In succession. Hospi-
tally ~ one OF the duties OF the wise
barrister's clerk.
SYNDICATE CLERK
or course young barristers who arc
still waiting for briefs are unable 20
have clerk all TO themselves. but sew
eral of them usually club together ana
engage one clerk. who IL supposed To
distribute any work that comes his way
equally among his employers. Many
other young barIistcrs make II priIc-
tise to attend the criminal courts where
they are liable to be called on to plead
for fee of one guinea, for, any un-
defended prisoner. Many baristers
have gained their start toward n lucra-
tive practise by their success I'm win
ming freedom for some hardened bur-
slar or hlghWaynnn.
CANDID JUDGE.
a thief was tried ana convicted a few
weeks ago before Mr. Justice Lawrence
When he was asked II he had anything
to say he replied:
Your lordship may remember that
you defended me twenty years ago al
The Old Bailey and secured my acqult-
tai"
Eyes. 1 recollect IT," said the Judge
1T was my hrst case, and | remember
that / assisted at a miscarriage OF
Justice. You win now have ten years
penal servltude."
One of the pecullarlties OF English
law lg mat a Judge cannot see a bar
ristcr IN court unless he Us properly
gowned and wigged, a few months
ago one OF the Judges was ION CHI
cult which means that he was ira
yelling from town 10 town holding as
sizes The bairisters. OF course, ac-
company The Judge on circuit. A lead
ing X, g. who had been dining with
the judge the night before In the last
town, slept late The next morning and
IN MS haste 10 catch the train FORGOT
the trunk containing his wig and gown
He Ind am important case on the cal
endar and he rushed 10 the court Just
IN time TO hear Il called, lie rose 20
apologize FOR being ll multi but me
Judge stared straight ahead with unsee'
ing eyoS