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THE GREEN BAG
and if a solicitor wants a leader for his junior he must retain one of the limited list available in the particular court. Hence these gentlemen sit like boys in school at their desks and try the cases in which they have been retained as they are reached in rotation. But even to a leader at the Chancery THE CHANCERY AND COMMON-LAW BARS Bar, one more step is possible, which he The Bar is divided into two great hemi may take or not as he pleases, and that is: spheres — the Common-law and Chancery he may "go special." This means that he Bars — for a barrister does not try both surrenders his seat as a leader in a particu kinds of cases as in America. The solicitor lar court and is open to accept retainers in knows whether he has a law or equity- any Chancery Court; but his retainer must case in hand and takes it to the appropriate be at least fifty guineas or multiples of that barrister. Common-law barristers have sum, besides the regular brief fee, and his their chambers chiefly in the Temple, chan subsequent fees in like proportions. The cery men in Lincoln's Inn, and the two printed list also shows the names of these kinds of barristers know little of, and seem "Specials," at present only four in number. even to have a kind of contempt for, each The last list of leaders and specials reads other. So, a common-law barrister passes as in the table on page opposite. his life in jury trials and appeals; whereas A common-law man, likewise, may "take a chancery man knows nothing but courts silk" i.e., become a K. C. or King's Counsel, of Equity, unless he follows a will case into which is done voluntarily by the barrister a jury trial as colleague of a common-law applying to the Lord Chancellor who grants man to determine an issue of devisavit vcl the distinction. The phrase is derived non. And there are further specializations from the fact that the K. C.'s gown is made — although the division is not so marked of silk instead of stuff or cotton. It has into probate, divorce — or admiralty men. also a broad collar, whereas the stuff gown Then, too, there is what is known as the is suspended from shoulder to shoulder. Parliamentary Bar, practising entirely be Whether or not to become a leader or to fore Parliamentary committees, boards, and "take silk" (i.e., to become a K. C.) is a commissions. It is curious, however, that critical question in any successful chancery in England no apparent distinction exists or common-law barrister's career. As a between criminal and civil practice, and junior he has acquired a paying practice. common-law barristers take ordinary civil His fee is always two thirds that of the cases and criminal ones indiscriminately. leader. He has also a comfortable chamber At the Chancery Bar there is another practice in giving opinions, drawing plead peculiar subdivision. Having reached a ings, etc., but all this must be abandoned certain degree of success a barrister may — because the etiquette of the Bar does not "take his seat" in a particular court by permit a leader or K. C. to do a junior's appointment as a "Leader" and can then work — and abandoned for the fitful fancy never go into another, except as a "Special," of solicitors when searching for a winner in which will be referred to presently. At an important cause. Thus some men have any law stationer's one can buy for three taken silk to their sorrow, and many strong pence a list of the leaders in the six men remain juniors all their lives trving Chancery Courts, varying in number from cases with leaders much younger than four to eight and aggregating twenty-eight themselves. an equality. It is a republic where brains and character count. And, as an evidence of this catholicity, the fact may be noted that an .eminent member of one of the Inns, who has for some years been in active practice as a barrister, is an American citizen.
