Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-26
ENGLISH LAW SUIT SHOWS
ABSURDITIES OF SYSTEM
,spOndence Of The Star.
LONDON. April 20. 1908.

Special Correspondence Of The Star.
LONDON. April 20. 1905
r AW in. any country is a costly lux
ury, but probably there is no coun-
try in the world where 1t is more
costly than in England. The English liti-
CANT may congratulate himself that he
gets a very fair article for his money. but
he has to pay heavily for 1t.
There is now being heard in the kings
bench court in London a suit which may
fairly be said to hold the record for cost
and tediousness. 1t Is estimated that 1t
will take thirty days to try and that 1t
will cost $4,000. The nominal sum In
volved is only 100000. SO that law in this
case seems somewhat an expensive lux
ury, but, of course. there are far larger
is that Of "Wyler and others agt Lewis
and Others" and 1t concerns certain
concessions in East Africa Four kings
counsel and four Junior counsel, two OF
each on each side. are engaged. and a most
of solicitors have had a share OF the fees.
A kings counsel and a junior are also
engaged watching the case for financier
whose interest in the decision is only COL
lateral.
counsers retainers amounted to $2l.JOO.
Then, there are the daily "refreshers" Tor
counsel. which. 1t Is estimated, VIII
amount before the case is over to $S2.So.
The cost Of reporting the case Is esu ;i,
amount to $1.75O. In addition to TINS.
there is the cost of the witnesses. There
are twenty of them, some OF Whom nave
been brought from Africa and Portugal.
and they will have to be maintained while
thew are in England and compensated for
their loss Of time.
Special Document Room.
The documents in the case are SO vol
luminous that the court was not large
enough to hold them. and a special room
in the law courts building had to be fit
ted I'D as library and set aside for
them. There staff of clerks Is at work
all day sorting and classifying them. as
they are called for by counsel In the
case and are returned after use In court
Nothing could better illustrate the diff
ference between American and English
legal practice than this case. In Ameri-
ca there might be a couple OF eminent
lawyers engaged on each side, but case
of this kind would be quickly disposed of
and most of the real business would be
done In conference between the lawyers
and their clients. In this case. as In
every other English law suit. the lawyers
saw their clients until they met in court.
and even after the case is finished it is
quite possible that they have never spoken
to them except to address the formal
questions in court when the clients occu-
pied the witness box.
The dual system which still survives In
English law practice is responsible for
this absurdity. English lawyers, OF
course, are divided into two classes, bar
risters and solicitors. The solicitor is the
,hn 0nnrn2rhQn
clients and on whom devolves all the
heavy work in the preparation Of the case
for trial. Yet the solicitor who has the
case at his fingers ends is not allowed
to say a word in the higher courts. He
must 'brief'' a barrister to do this. and
etiquette forbids a barrister to have any
thing to say to the 1itigant, who is pay
ing his fee. except through the medium
of the solicitor.
Sheer Rules in Court.
If the case is an important one. he
must have at least one kings counsel
The kings counsel are the senior men,
bers of the bar, and they are distin-
guished from the juniors by the fact that
their gowns are of silk. while those Of the
juniors are Of "stuff''. They are also
compelled by the etiquette of the PROBES
sion to charge a higher fee than the
juniors and the style Of Wig that f sney
that worn by the juniors.
Etiquette also ignores the fact that the
barrister Is entitled to receive fee. In
fact. the law does not allow him to sue
for his fees. and he solves this difficulty
by insisting on substantial retainer"
before he undertakes the case at all. ana
an equally substantial ''refresher" each
morning before he goes into court. He
is not permitted. again by etiquette. to
receive 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 guineas instead Of pounds.
A guinea Is one pound one shilling. and
the theory Is that the clerk receives the
shilling and the barrister the pound.
There was a time when barristers were
they could not compromise their dignity
by receiving money directly. There is a
curious survival Of this time in the hood
shaped bag which hangs from the back of
the harrister's gown. 1t Is popularity sup
posed that this is really a hood. but it is
not. In the early days of English liti-
cation the solicitor dropped the fee into
the bag as he followed the member of the
senior branch of the profession into
court
Clerks Get the Business.
Etiquette also prevents the barrister
from seeking cases in any way. but that
Is overcome by the activities Of his clerk
A clerk with a large acquaintance among
solicitors managing clerks Is a valuable |
asset to any barristter. and there are
hundreds Of solicitors 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. |
is one Of the duties Of the wise
barristers clerk
OF course, young barrIsters who are still !