Page:The Green Bag (1889–1914), Volume 12.pdf/669

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The Green Bag.

A CHAT ABOUT BARRISTERS. BY ONE OF THEM. THE English Law List discloses the fact that there are over eight thousand gentlemen now living who have been " called to the Bar." Of these, two hundred and twenty-three are Queen's Counsel, the rest being ordinary barristers, known variously as "juniors" or " stuff-gownsmen." The Q. C. wears a silk gown, somewhat plainly made, with a broad and deep collar. Hence the saying that so-and-so "has taken silk." The junior is distinguished by a gown which, though it is made of a less expensive material, is much more elaborately fashioned — re minding one of the old-time smock-frock. Of late years, the proportion of foreigners appearing in the list has considerably in creased, gentlemen bearing the most unpro nounceable names (one rejoicing in a string of seven such), and hailing from India, Persia, Egypt, and other parts of Asia and Africa, figuring to about eight per cent. Most of these after being called, return to their na tive country — for its lasting good, we may reasonably hope. The number of barristers available for actual work is greatly reduced when we ex cise those whose practical acquaintance with the Bar ended on their being called. These represent probably one-half of the gross total. Various are the reasons which lead gentle men to study for the Bar, without any inten tion of gaining a livelihood by practicing at it : the two most salient being — ( i ) to there by fit themselves for Government and other appointments at home or abroad; (2) the desire to advance their social position. With regard to the first, these gentlemen may be found dispensing justice, according to our ideas, or administering affairs in the name of the Queen, wherever the British flag is unfurled; and a glance at the list of magistrates for almost any county, shows

that many of these names appear also in the bar list. As to the second, the fact of being a barrister is the open sesame to society which would be closed to the man who without it is, say, only a retired tradesman's son. Not so long ago, an officer came to a policecourt to conduct the case on behalf of two of his men who were charged with some civil offence. He was informed that, not being a solicitor, he was debarred from so doing. "But," said he, " I am also a barrister. I was called to the Bar before entering the army, and I appear in that capacity;" and he succeeded in getting the case dismissed. Those who do intend to practice, choose a circuit at the outset and generally adhere to it. England and Wales comprise seven cir cuits, and the question of which shall be adopted depends greatly upon circumstances. It is usually considered that a man has a good chance if he or his family is well known to the solicitors in one or more of the towns on his prospective circuit. Marriage with a lady related to an influential solicitor is also a good source of hope; but, as a Lord Chan cellor once put it, the man had the best chance who, with brains and an infinite capacity for hard work, had nothing else to rely upon for the necessaries of life — which was his own case. At assizes, to bring in a man from another circuit involves the payment of a heavy ad ditional fee — quite out of proportion to the needs of an ordinary nisi frius case. This regulation very much narrows down the area of choice to the provincial solicitors; and oc casionally the barrister who is supposed to be the best man of the circuit for the parti cular case in hand, is retained as soon as it is seen that the action is imminent. On our own circuit, there is one gentleman who fig ures in almost every criminal case of any im portance — and nearly always for the defense.