English and American Bar in Contrast. that legal character in the comedy of "London Assurance " — was a burlesque exaggeration until I became a seven-years' resident of London; and then I made Mark's acquaintance in real life as a type among solicitors. Half a century ago, when those two busy dramatic B. 's — John Brougham and Dion Boucicault — in their capacity of playwrights created M. M., he was styled Attorney-at-law; but time has chastened that common-law cognomen into the softer name of Solicitor. While there certainly exist solicitors in London who, like American attorneys, will never plunge their clients into needless liti gation, nevertheless the large majority of listed solicitors there are typical Mark Med dles, and make war upon the maxim that Mr. Herbert Broome has so delightfully illustrated, — " Interest reipublicae sit finis lituim." Did not Mark Meddle clamor for a kick, so that he might be indulged with an action at law? Well, the average London solicitor encourages lawsuits, and nurses each process with a fond solicitude. To quote an old joke from the " Comic Blackstone," " Such solicitude is the soLitium of the solicitor." It is his vocation to manu facture costs, and in .this behalf it is no novelty for the solicitors on each side to col lude. Rare, indeed, is the English solicitor who will protect the pocket of his client in preference to lining his own! The English cost system is a peculiar one. It is of two branches. There are " costs in the action " which are to be paid by the losing litigant. There are also, and in ad dition, "costs as between solicitor and cli ent." Under the first grouping are classed costs for services absolutely necessary, as between litigants per sc. These are tax able; and public costs or disbursements thrown out by the taxing-officer are then transferred to the private tally. For in stance, an employment of extra counsel, or a retainer higher than the taxing-officer deems fair, will figure in the private clas sification. Consultations and letters and
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printing, or stenographing, or type-writing, OP extra expenses in procuring evidence, will figure as items in the private bill, and not in the bill for taxation. Very commonly the bill that an English client has to pay his solicitor, as between the two, will exceed the amount of the taxed bill which the solicitor, and not the client, receives. Of course, the litigant who wins, as well as he who loses, in the legal strife has to pay his own solicitor's private bill. Such an item as " extra allowance" by way of fine to a litigant who pleads in a foolish manner, or who occasions additional expense and trouble, is unknown in London courts. This twofold system of costs bears hardly on the suitor with a narrow purse. Litigation at the English bar is as great a luxury as racing. We have in the States a proverb that an house removal is as bad as two fires in the way of trouble and expense. In Eng land there is a proverb that a lawsuit is as bad in expense as a long fit of illness. The ingenious litigant who can get his solicitor — and London is filled with speculative Mark Meddles — to carry on his side of the suit for the mere prospect of getting taxed costs only, is a lucky chap. If Mr. Litigant from America is to origi nate a contention, and counsel gives opinion that an action will lie (Mem. rare as a white poll-parrot will be the barrister whose opin ion would be adverse!), his solicitor either writes to the proposed defendant, informing him of claim and requesting the name of some solicitor to receive papers; or he issues a writ, — a jargonic document already printed with open spaces for appropriate fillings in, and which is purchased at a crown office in the Royal Courts building for two shillings, — and has it personally served. Unless the solicitor is one of high character, the probabilities are that a writ will be issued, because representing more costs. In eight days' time Mr. Defendant will demand "Statement of Claim," — synonymous with old terms of " Declaration " or " Plaint" or "Complaint." This will be furnished in
