Jump to content

Page:The Strand Magazine (Volume 1).djvu/641

From Wikisource
This page has been proofread, but needs to be validated.
The State of the Law Courts.
645

great commercial cases, of Sir R. Webster and Mr. Finlay, and, before his recent elevation to the Bench, of Mr. Henn-Collins.

The work of a somewhat less distinguished character is in the hands of half a dozen Queen's counsel, among whom may be mentioned Mr. Kemp, Mr. Willis, Mr. Jelf, and Mr. Winch, while there is a "tail" of "silks" who, not being fortunate enough to rank as popular favourites, have to content themselves with a very much smaller practice as well as smaller fees. Under the present conditions there is nothing like a fair distribution of work among the leaders of the Bar. This is perhaps in a great measure due to the action of solicitors, who, if they have a rich client in a big action, are sure to run after one of the half-dozen most popular advocates, and with a less wealthy client they will retain one of the next half-dozen. It is indeed curious to observe how slavishly solicitors run after the most eminent counsel on the chance of securing their services, rather than entrust their briefs to less noted men, who, even if their ability be less, would at least make up for it by greater assiduity and closer attention. The result is that these favoured gentlemen may be seen popping in and out of the ten or twelve Queen's Bench Courts that are sitting at the same time, examining a witness in one place, and addressing the jury in another; while their imperfect knowledge of their cases must inevitably tell to the disadvantage of their clients, who perhaps have paid them fees of one or even two hundred guineas, with corresponding refreshers.

From what we have said it will be obvious that it is only the very few who can hope to become wealthy at the Bar, and such a lottery is "taking silk" that many "juniors" refuse to have the distinction conferred upon them, preferring the modest income that they are able to earn to the uncertainty and disappointment that falls to the lot of most of those who become leaders. Even a prosperous junior who gives up his practice to become a Q.C. runs the risk of being left out in the cold altogether.

A state of things that practically places the monopoly of the legal work in a few hands tends neither to the advantage of the public nor to the prosperity of the Bar as a body. The evil is undoubtedly caused by the centralisation of litigation in London, and the compression within a few months of the year of the whole of the High Court business. There is no valid reason why the Courts should not sit the whole year through, and barristers and judges take their holidays as they personally like to arrange. The amalgamation of the two branches of the legal profession has been much discussed in recent years, and it has