This famous firm of city attornies has become a bye-word in legal
history--being considered the most notorious of practitioners for sharp,
underhand, scheming practices. Boz was always vehement against the
abuses of the law, but his generous ardour sometimes led him to
exaggerated and wholesale statements that were scarcely well founded.
This is found in some degree even in the sweeping attacks in _Bleak
House_. But he was so vivid, so persuasive, in his pictures, that there
was no appeal.
The unreasoning fury of Mr. Pickwick is specially shown in the case of
Jingle, whom he pursued with an animosity that was almost frantic. One
would think it was some public enemy he was hunting down for the public
good. Poor Jingle had really done nothing so monstrous, after all. He
had "chaffed" Dr. Slammer, "run off" with the spinster aunt--nothing so
uncommon in those days--had been consigned to the Fleet for non-payment
of his debts, and there showed penitence and other signs of a good heart.
His one serious offence was passing himself off as a naval officer, and
under an assumed name. But he had _crossed_ Mr. Pickwick--had ridiculed
him--had contemptuously sent a message to "Tuppy." When he dared to play
a practical joke on his persecutor, his infamy passed beyond bounds.
Here was the key to Mr. Pickwick's nature--any lack of homage or respect
was an offence against morality. So with Dodson and Fogg. He had
settled in his mind that a condescending visit to these gentlemen, with a
little explanation and remonstrance would completely disarm them. His
fury on his advances being rejected was extraordinary.
Here Boz shows, as he ever does, his profound and most logical treatment
of human character. He never goes astray, being guided by a happy and
true instinct. Mr. Pickwick had grown to be the most inflated of men.
Flattered and followed--submitted to with the greatest
deference--ordering people about--doing what he pleased--he could not
stand the slightest opposition. No one was to contradict--no one to
question even his stockings--speckled or others. Even when he was
clearly wrong, it was an affront to hint at it. He had much in common
with that great man, Mr. Gladstone, who was the political Pickwick of his
time. He was overbearing and arrogant and unrestrained, and I am afraid
vindictive. Dodson and Fogg were associated with the great mortification
of his life. He could not forgive them--the very sight of them roused
his hatred, and the having to pay them ransom stung him to fury. All
which is most natural and yet unexpected.
The popular and genial Sir Frank Lockwood was almost the first to put
forward a plea in abatement of prejudice for the firm. He showed that
they were not much below the usual type of middle-class solicitors. What
they did was in the ordinary course. With Mr. Pickwick they were most
forbearing, and even indulgent. There was one rather doubtful passage,
but even here he offers extenuation. This was their treatment of poor
Ramsey, which, at first sight, seems very bad indeed.
'There was such a game with Fogg here, this mornin',' said the man in
the brown coat, 'while Jack was upstairs sorting the papers, and you
two were gone to the stamp-office. Fogg was down here opening the
letters, when that chap we issued the writ against at Camberwell, you
know, came in--what's his name again?'
'Ramsey,' said the clerk who had spoken to Mr. Pickwick.
'Ah, Ramsey--a precious seedy-looking customer. 'Well, sir,' says
old Fogg, looking at him very fierce--you know his way--'well, Sir,
have you come to settle?' 'Yes, I have, Sir,' said Ramsey, putting
his hand in his pocket, and bringing out the money, 'the debt
two-pound ten, and the costs three pound five, and here it is, sir;'
and he sighed like bricks, as he lugged out the money, done up in a
bit of blotting paper. Old Fogg looked first at the money, and then
at him, and then he coughed in his rum way, so that I knew something
was coming. 'You don't know there's a declaration filed, which
increases the costs materially, I suppose?' said Fogg. 'You don't
say that Sir,' said Ramsey, starting back; 'the time was only out
last night, Sir.' 'I do say it, though,' said Fogg, 'my clerk's just
gone to file it. Hasn't Mr. Jackson gone to file that declaration in
Bullman and Ramsey, Mr. Wicks?' Of course I said yes, and then Fogg
coughed again, and looked at Ramsey. 'My God!' said Ramsey; 'and
here have I nearly driven myself mad, scraping this money together,
and all to no purpose.' 'None at all,' said Fogg, coolly; 'so you
had better go back and scrape some more together, and bring it here
in time.' 'I can't get it, by God,' said Ramsey, striking the desk
with his fist. 'Don't bully me, Sir,' said Fogg, getting into a
passion on purpose. 'I am not bullying you, Sir,' said Ramsey. 'You
are,' said Fogg; 'get out, Sir, get out of this office, Sir, and come
back, Sir, when you know how to behave yourself.' Well, Ramsey tried
to speak, but Fogg wouldn't let him, so he put the money in his
pocket, and sneaked out. The door was scarcely shut, when old Fogg
turned round to me, with a sweet smile on his face, and drew the
declaration out of his coat pocket. 'Here, Wicks,' says Fogg, 'take
a cab, and go down to the Temple as quick as you can, and file that.
The costs are quite safe, for he's a steady man with a large family,
at a salary of five-and-twenty shillings a week, and if he gives us a
warrant of attorney, as he must in the end, I know his employers will
see it paid; so we may as well get all we can out of him, Mr. Wicks;
it's a Christian act to do it, Mr. Wicks, for with his large family
and small income, he'll be all the better for a good lesson against
getting into debt,--won't he, Mr. Wicks, won't he?'--and he smiled so
goodnaturedly as he went away, that it was delightful to see him.
'He is a capital man of business,' said Wicks, in a tone of the
deepest admiration, 'capital, isn't he?'
The other three cordially subscribed to this opinion, and the
anecdote afforded the most unlimited satisfaction.
'Nice men these here, Sir,' whispered Mr. Weller to his master; 'wery
nice notion of fun they has, Sir.'
Sir F. Lockwood, by the way, offers one of the most amusing proofs
conceivable, of the convincing power of "Pickwick," which is constantly
taking us out of the world of fiction, into that of the daily living
life. He speaks of the cruel trick played upon the unfortunate Ramsey,
who came to pay his bill of costs, and was told that these were out of
date, had been swelled by subsequent proceedings. An affidavit had been
sworn--which, after he left the house, Wicks, the clerk, was sent off to
swear--Then, Sir Frank, adds: "After all, this is merely given _as the
statement of Wicks_--_on whose testimony not much reliance can be
placed_." As though Wicks were some living witness, "erect upon two
legs," whom he had been examining in Court!
It must, however, be recollected that this was an _exparte_ story.
Wicks, as Sir F. Lockwood hints, may have coloured it up, to amuse his
brethren. The truth is these poor helpless debtors, who fall into the
hands of legal "sharks" and money-lenders, have _their_ tricks also.
They will often "do" those they employ if they can. And further, let
this be considered. Before Ramsey paid his visit the affidavit _had_
been prepared, and was actually in Fogg's pocket. Such affidavit would
not be allowed for in the costs unless necessary to the case, so that
Fogg's statement that it had been filed was very near the truth. Perker
himself was playing the same game of hide and seek with another
unfortunate--one Watty--who was trying to see him, and learn something
about his case, but was always put off with the excuse or falsehood, that
Perker was out, though he was within. But then, "Perker was an
honourable man."
Boz lets us know, through Sam, how the case reached Dodson and Fogg. He
speaks of "the kind generous people o' the perfession 'as sets their
clerks to work to find out little disputes among their neighbours and
acquaintances as wants settlin' by means of law suits." This system,
however, cannot be checked, and "the speculative attorney" even in our
time still flourishes.
It was really not a question whether Mr. Pickwick would "indict them for
a conspiracy," because they acted as solicitors against him, but whether
they would bring an action against _him_ on their own account. All
through, Mr. Pickwick's behaviour to them had been outrageous. He chose
to assume, quite gratuitously that it was they--not Mrs. Bardell--who got
up the case; that they had worked on her for their own nefarious ends.
Nothing could be more absurd. The landlady was eager enough to protect
her own interests--her female friends worked on her, and the loss of so
valuable a lodger, which the incident must have entailed, inflamed her
more. We can see from Sam's interview with her that she was at last,
though at first reluctant, determined to have her rights. But Mr.
Pickwick acting on this assumption addressed the firm, from the first to
the last in the most scurrilous language. He called them "robbers,
swindlers,--a brace of pettifogging scoundrels!" Shocking and
ungentlemanly terms, and what is worse, actionable. Yet the pair
received this abuse with infinite good temper and restraint, merely
securing a witness who should listen, and threatening the speaker with
legal penalties.
And why did they not take this course? Well, they had to suspend
proceedings until Mrs. Bardell's action was settled, when on receiving
their costs they were desirous to part in good humour. But Mr. Pickwick
was so furious at being invited to shake hands with them, that he again
broke out with coarse abuse, "Robbers!" "Robbers!" calling it after them
down the stairs. Why did they not take action on this? Perhaps they
were afraid; as Mr. Pickwick had shewn himself such a doughty and
unyielding fighter--going to prison rather than pay. Perhaps they
thought he might get the better of them again.
We have very little evidence as to what was the scale of fees in use in
these days. They were of course far lower than they are now, after
allowances even for the lower cost of living. To-day, the fees to
Counsel alone would have absorbed considerably more than Dodson and
Fogg's whole bill of costs. A nice point is, could Mr. Pickwick's
irregular interview with Serjeant Snubbin be considered something in the
way of a consultation? Here were Counsel, Solicitor and Client: the
Serjeant gave up a portion of his valuable time and, further, the junior
counsel was summoned specially from his chambers to supply his "advice
and opinion." Mr. Pickwick ought surely to have to pay for his whim.
And the bill of costs that these "sharks" of attornies sent in! It was
astonishingly moderate. For writ, service of subpoenas, hunting up
evidence, consultation, fees to counsel, fees for the day, retainers,
etc.,--the sum of 120 pounds was all that was asked.
Imagine Messrs. Lewis and Lewis sending in such a demand at the end of a
trial which it had taken them nearly a year to get ready. In our time it
could hardly be done under 1,000 pounds. Perker, by the way, told his
client that on payment of the costs both of Plaintiff and Defendent, into
the hands of "these sharks" he would get his release. With much
indulgence--the attornies--allowed him to leave the prison on his bare
undertaking to pay. And it is not clear why he should pay his own costs
to them, and not to Perker. And they were _not_ paid for sometime. Mr.
Pickwick's own costs must have been small. He had no witnesses. Perker
would not have made a hand of him, and I fancy he would have got off for
ninety pounds, or a hundred pounds. There was, however, the fees of the
Special Jury, so he would have to pay, say, 220 pounds.