Page:The Green Bag (1889–1914), Volume 12.pdf/119

history was somewhat jealously watched, and ( 1 5 Q. B. 17 1 ) decided that by law a barrister clerks the power or officers of admitting of the courts, them was anddenied reserved to • may appear at Nisi Prius and conduct a case in the superior courts without the interven to the chancellor and to the judges. The tion of an attorney. The rules, therefore, consequence of waiving the strict rule of which now govern the relations of barristers personal appearance was a rapid multiplica and solicitors are of comparatively recent tion of suits. Inconvenience seems early to origin, and cannot be defended on the plea have arisen from the practice of appointing of antiquity and tradition. non-professional men as attorneys, and it is To men in practice and of established probable that the advocate in a suit was not reputation the present system offers many unfrequently selected to represent the prin advantages. It is an advantage to have cipal and to be his attorney. The tedium performed by a solicitor the labor of col of intercourse with a lay client had probably lecting from an uninformed and talkative as much influence as any other cause in layman, excited by self-interest, the facts leading to the rule which requires instruc material to a legal inquiry. It is an advan tions to come through an attorney. Circuit tage to be entirely prohibited from conduct messes also contributed to the growth and ing any of the practical details of legal full development of the modern system of business, which no man in large practice as an etiquette. Men were first censured and fined advocate could possibly undertake himself, for attempting to do without attorneys, and and would be obliged, under any system, to then, as a further step, were fined and cen perform by deputy. A great disadvantage sured if they sought to cultivate them. The which follows from the present system, com odious theory of hugging became possible, bined with the changes in legislation, is the and was deservedly reprobated; and un loss of business to the bar. The business of scrupulous or unconscious juniors found that the bar is declining by the course they have to shake hands with an attorney, to take tea chosen to adopt. The bar have refused to with his wife, or to dance with his daughter, do without solicitors, and the consequence were offenses punished by circuit fines. One is that solicitors are doing without the bar, vestige of the old confusion of professional and are absorbing all the local business of degrees still remains in the law officers of the country. What then is the effect of the the Crown and of the public departments. system of etiquette on the interests of the Since the reign of Edward IV the king's public? The most obvious effect is increased attorney-general and solicitor-general, who expense of litigation. A litigant cannot en represent him in legal proceedings, have also joy the luxury of employing a barrister been apprentices and advocates, while bar without the still more expensive luxury of risters have held, and still hold, the posts of having a solicitor. He is compelled to em solicitors to the treasury, to the mint, and ploy two skilled agents, whose elaborate to the post-office. The Crown alone has professional training requires corresponding thus retained the privilege, which once be remuneration, in many cases where one longed to all, of choosing an advocate for its would suffice. This rule of etiquette is not attorney. The rule which makes an attorney- followed in other countries, where the bar necessary is still a voluntary, and not a legal, have as high a social position as here. rule. The case of Doe dem. Rennet v. Hall — The Law Times.