CHAPTER IV

BARRISTERS--THE COMMON LAW AND THE CHANCERY BARS

BAR DIVIDED INTO TWO PARTS--NO DISTINCTION BETWEEN

CRIMINAL AND CIVIL PRACTICE--LEADERS--"TAKING

HIS SEAT" IN A PARTICULAR COURT--"GOING SPECIAL"

--LIST OF SPECIALS AND LEADERS--SIGNIFICANCE OF

GOWNS AND "WEEPERS"--"BANDS"--"COURT COATS"--

WIGS IN THE HOUSE OF LORDS--BARRISTERS' BAGS,

BLUE AND RED.

The Bar is divided into two separate parts--the Common Law Bar

and the Chancery Bar; for a barrister does not try cases of both

kinds as in America. The solicitor knows whether he has a law or

equity case in hand, and takes it to the appropriate barrister.

Common law barristers have their chambers chiefly in the Middle

Temple and Inner Temple; chancery men, largely in Lincoln's Inn,

and the two kinds of barristers know little of, and seem even

to have a kind of contempt for, each other. Thus a common law

barrister passes his life in jury trials and appeals; whereas a

chancery man knows nothing but courts of equity, unless he follows a

will case into a jury trial as a colleague of a common law man to

determine an issue of _devisavit vel non_. And there are further

specializations--although the divisions are not so marked--into

probate, divorce or admiralty men. Besides, there is what is known

as the Parliamentary Bar, practicing entirely before Parliamentary

committees, boards and commissions. It is, however, curious that in

England no apparent distinction exists between civil and criminal

practice and common law barristers accept both kinds of briefs

indiscriminately.

At the Chancery Bar there is a peculiar subdivision which has

already been mentioned. Having reached a certain degree of success

and become a K. C., a barrister may "take his seat" in a particular

court as a "leader" by notifying the Judge and informing the other

K. C.'s who are already practising there. Thereafter he can never go

into another, except as a "special," a term which will be explained

presently. For three pence, at any law stationer's, one can buy a

list of the leaders in the six chancery courts, varying in number

from three to five and aggregating twenty-five, and if a solicitor

wishes a leader for his junior in any of these courts he must

retain one out of the limited list available or pay the "special"

fee. 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 for a leader at the Chancery Bar, one more step is

possible, a step which a barrister may take, or not, as he pleases,

and that is: he may go "special." This means that he surrenders his

position as a leader in a particular court and is open to accept

retainers in any chancery court; but his retainer, in addition to

the regular brief fee, must be at least fifty guineas or multiples

of that sum, and his subsequent fees in like proportion. The printed

list also shows the names of these "specials," at present only five

in number. The list of leaders and specials in 1910 reads as

follows:

A LIST OF HIS MAJESTY'S COUNSEL

USUALLY PRACTICING IN THE CHANCERY DIVISION

OF THE HIGH COURT OF JUSTICE.

---------------

THE FOLLOWING COUNSEL ARE NOT ATTACHED

TO ANY COURT, AND REQUIRE A SPECIAL FEE:--

Mr. Levett: Mr. Astbury: Mr. Upjohn: Mr. Buckmaster.

---------------

COUNSEL WHO HAVE ATTACHED THEMSELVES TO PARTICULAR COURTS,

ARRANGED IN THE ORDER IN WHICH THEY ARE ENTITLED TO MOVE:--

--------------------+-------------+------------------------+-----------

Mr. Justice Joyce | Date of | Mr. Justice Warrington | Date of

Lord Chancellor's | Ap'ointment | Chancery Court 2 | Ap'ointment

Court | | |

--------------------+-------------+------------------------+-----------

Mr. T. R. Hughes | 1898 | Mr. Henry Terrell | 1897

Mr. R. F. Norton | 1900 | Mr. T. H. Carson | 1901

Mr. R. Younger | 1900 | Mr. George Cave | 1904

| | Mr. A. C. Clauson | 1910

--------------------+-------------+------------------------+------------

Mr. Justice Eve | Date of |Mr. Justice Swinfen Eady| Date of

| Ap'ointment | Chancery Court 1 | Ap'ointment

--------------------+-------------+------------------------+------------

Mr. P. O. Lawrence | 1896 | Mr. W. D. Rawlins | 1896

Mr. Ingpen | 1900 | Mr. E. C. Macnaghten | 1897

Mr. Dudley Stewart- | | Mr. N. Micklem | 1900

Smith | 1902 | |

Mr. A. H. Jessel | 1906 | Mr. Frank Russell | 1908

Mr. E. Clayton | 1909 | |

====================+=============+========================+============

Mr. Justice Melville| Date of | Mr. Justice Parker | Date of

| Ap'ointment | Chancery Court 4 | Ap'ointment

--------------------+-------------+------------------------+------------

Mr. Bramwell Davis | 1895 | Mr. W. F. Hamilton | 1900

Mr. J. G. Butcher | 1897 | Mr. M. L. Romer | 1906

Mr. C. E. E. Jenkins| 1897 | Mr. E. W. Martelli | 1908

Mr. A. F. Peterson | 1906 | Mr. A. Grant | 1908

Mr. F. Cassel | 1906 | Mr. J. Gatey | 1910

====================+=============+========================+============

NOTE--Counsel attached to the above Courts usually also practice before

the Judge to whom the Companies winding-up matters are attached.

Printed and Published by

THE SOLICITORS' LAW STATIONERY SOCIETY, LIMITED, 22.

CHANCERY LANE, W. C., 29, WALBROOK, E. G., 6, VICTORIA STREET, S. W.

---------------

Chancery forms of all kinds kept in stock.

---------------

Price Threepence.

[Transcriber's Note: In the original text, the section for M.

Justices Melville and Parker appears on the following page, across

from the section for M. Justices Joyce and Washington.]

The dress of barristers is the same for the Common Law Bar as for

the Chancery Bar, but the details of both gown and wig signify to

the initiated much as to the professional position of the wearer.

The difference between the junior's stuff gown and the leader's silk

one has already been referred to, but it is not true that a

barrister having "taken silk," that is, having become a K. C. or a

leader, always wears a silk gown, for, if he be in mourning, he

again wears a cotton gown, as he did in his junior days, but, to

preserve his distinction, he wears "weepers"--a six-inch deep, white

lawn cuff, the name and utility of which originated before

handkerchiefs were invented. Moreover, when in mourning his

"bands"--the untied white lawn cravat, hanging straight down, which

all barristers wear--have three lines of stitching instead of two.

Under his gown, a K. C. wears a "court coat," cut not unlike an

ordinary morning coat, though with hooks and eyes instead of

buttons, while the junior wears the conventional frock coat. On a

hot day, a junior wearing a seersucker jacket and carelessly

allowing his gown to disclose it, may receive an admonition from the

court, whispered in his ear by an officer.

Wigs, which were introduced in the courts in 1670, and have long

survived their disappearance in private life, were formerly made of

human hair which became heavy and unsanitary with repeated greasing.

They required frequent curling and dusting with powder which had a

tendency to settle on the gown and clothing. About 1822, a

wig-maker, who may be regarded as a benefactor of the profession,

invented the modern article, composed of horse hair, in the

proportion of five white strands to one black; this is so made as to

retain its curl without grease, and with but infrequent recurling,

and it requires no powder.

The wig worn by the barrister in his daily practice has already been

described, but, when arguing a case in the House of Lords he has

recourse to an extraordinary head-dress, which is precisely the

shape of a half-bushel basket with the front cut away to afford him

light and air. This, hanging below the shoulders, has an advantage

over the Lord Chancellor's wig in being more roomy, so that the

barrister's hand can steal inside of it if he have occasion to

scratch his head at a knotty problem, whereas his Lordship, in

executing the same manoeuvre, inevitably sets his awry and thereby

adds to its ludicrous effect.

To the unaccustomed eye, the wig, at first, is a complete disguise.

Individuality is lost in the overpowering absurdity and similarity

of the heads. Then, too, there is an involuntary association of gray

hair with years, making the Bar seem composed exclusively of old

gentlemen of identical pattern. The observer is somewhat in the

position of the Indian chiefs, who, having been taken to a number of

eastern cities in order to be impressed with the white man's power,

recognized no difference between them--although they could have

detected, in the deepest forest, traces of the passage of a single

human being--and reported upon returning to their tribes that there

was only one town, Washington, and that they were merely trundled

around in sleeping cars and repeatedly brought back to the same

place.

By degrees, however, differences between individuals emerge

from this first impression. Blond hair above a sunburned neck,

peeping between the tails of a queue, suggests the trout stream

and cricket field; or an ample cheek, not quite masked by the

bushel-basket-shaped wig, together with a rotundity hardly concealed

by the folds of a gown, remind one that port still passes repeatedly

around English tables after dinner. But it must be said that,

while the wig may add to the uniformity and perhaps to the

dignity--despite a certain grotesqueness--of a court room, yet it

largely extinguishes individuality and obliterates to some extent

personal appearance as a factor in estimating a man; and this is a

factor of no small importance, for every one, in describing another,

begins with his appearance--a man's presence, pose, features and

dress all go to produce prepossessions which are subject to revision

upon further acquaintance. One thing is certain, the wig is an

anachronism which will never be imported into America. For the Bar

to adopt the gown (as has been largely done by the Bench throughout

the country) would be quite another matter and it seems to work well

in Canada. This would have the advantage of distinguishing counsel

from the crowd in a court room, of covering over inappropriateness

of dress and it might promote the impressiveness of the tribunal.

The bag of an English barrister is also an important part of his

outfit. It is very large, capable of holding his wig and gown, as

well as his briefs, and suggests a clothes bag. It is not carried by

the barrister himself, but it is borne by his clerk. Its color has a

deep significance. Every young barrister starts with a _blue_ bag

and can only acquire a _red_ one under certain conditions. As

devil, and as junior, it is not considered _infra dig._ to carry his

own bag and he has ever before him the possibility of possessing a

red bag. At last he succeeds in impressing a venerable K. C. by his

industry and skill in some case, whereupon one morning the clerk of

the K. C. appears at the junior's chambers bearing a _red_ bag with

his initials embroidered upon it--a gift from the great K. C.

Thereafter he can use that coveted color and he may be pardoned for

having his clerk follow him closely for awhile so there may be no

mistake as to the ownership. Custom requires him to tip the K. C.'s

clerk with a guinea and further exacts that the clerk shall pay for

the bag, which costs nine shillings and sixpence, thus, by this

curious piece of economy, the clerk nets the sum of eleven shillings

and sixpence and the K. C. is at no expense.

A Philadelphia Lawyer in the London Courts · 第 4 / 15 章