The Legal Profession in England: Its Organization, History and Problems

Author(s): W. W. Boulton
Source: American Bar Association Journal, Vol. 43, No. 6 (JUNE 1957), pp. 507-510, 566-568
Published by: American Bar Association
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The Legal Profession in England:

Its Organization, History and Problems

by W. W. Boulton Secretary of the General Council of the Bar of England and Wales

In this article, Mr. Boulton describes the organization, the history and the whereas if he were to make an error
problems of the Bar in England and Wales. The English Bar is highly organized, himself, it would be fatal to his case.
and its organization resembles that of the integrated Bars in many of our By the thirteenth century, however,
the common law of the country and
states. This is a paper submitted to the Sixth Conference of the International
the procedure as developed by the
Bar Association held in Oslo, Norway, July 23 to 27, 1956. courts which enforced it, had be
come so complicated that a need for
The legal profession in England is chambers as they are called, and the
and for centuries has been divided services of a clerk. All negotation as more expert assistance arose. As a
into two branches. This division is to fees is done between the clerk and consequence the friend of the party
came to be replaced by a profession
more complete and clearly defined the solicitor or his clerk.
al pleader or "narrator*' who not
today than at any time in the past. A barrister has to accept any work
only conducted the oral pleadings
Legal practitioners consist of bar he may be offered in the courts in
risters on the one hand and solicitors but argued questions of law on be
which he holds himself out to prac half of his client, and it is from the
on the other. This paper is con tice; and he must charge a separate
"narrator" that the barrister of pres
cerned with barristers and their pro fee for each piece of work he does. ent times is descended.
fessional organization in England. He cannot work for one client only
Barristers are specialists in advo or for an annual salary. In the reign of King Edward I
cacy and have exclusive right of au A practicing barrister may not in (1272-1307) a second class of pro
fessional lawyer emerged, called an
dience in the Supreme Court. They general have any other profession or
attorney, to whom the modern solic
share the right of audience with so occupation.
licitors at County Courts and Magis Under no circumstances may a was itor owes his origin. The attorney
not a mere assistant in the con
trates Courts at which the less im barrister advertise or tout for work.
duct of litigation, but a person who
portant (but a great proportion) of
the civil and criminal work of the The Beginnings of the Bar . . . was competent to act in place of his
In Norman Times client as his agent. A need for such
country is conducted. In addition to
court work barristers draft the plead In Norman times (eleventh-thir a representative arose because some
ings in High Court cases and advise teenth centuries) it was quite com litigants, especially large landown
ers, found it difficult or inconvenient
on the prospects of success in regard mon for a party to have assistance in
the conduct of his case, but this was to attend court and carry through
to proposed litigation.
their cases in person. This division
Barristers are not permitted to act given by a friend, not by a profes
for a client except on the receipt of sional expert. The main function of of the profession into two different
instructions from a solicitor. The lay categories of lawyer, though passing
this friend was to recite the formal
client, therefore, has to go to a so words necessary in the making of a through many stages of development
licitor in the first instance. claim or defense, and the reason for and evolution, has remained in Eng
Barristers may not, unlike solici persuading him to do it was that if land to the present day.
tors, enter into partnerships. But it is he (the friend) made a mistake the In early times the education of all
usual for them to share offices, or party could disown it with impunity, lawyers was placed in the hands of

June, 1957 Vol. 43 507

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The Legal Profession in England

the judges who had authority to de apprentices. The Serjeants who were jigainst the Crown. Queen's Counsel
cide which of them might practice few in number were primarily the (as they are called during the reign
before the courts. King's own advocates and legal <)f a Queen) wear silk gowns in
:ourt and are commonly referred to
Gradually we find a picture advisers, though they were free to < is "silks". Other counsel wear stuff
take cases other than on behalf of
emerging of groups of junior prac
titioners and students (apprentices) the Crown, and even against the j^owns and are known as stuff-gowns
gathered in the house of some great Crown. Until the time of James I men or juniors.
lawyer or judge under whom they (1603-25) they had precedence in As already explained, the control
studied. These groups in the course court over other counsel. All judges of legal education passed out of the
were selected from their number. hands of the judges to the Inns of
of time formed themselves into per
manent societies, each with its Inn The serjeants were selected from Court. With it went also control of
or premises where its members lived amongst the ranks of the apprentices. the power to admit persons to prac
a more or less communal life. Of In some if not all courts they origi tice before the courts and of the rev
these Inns of which there were at nally had sole right of audience and ocation of admission once granted,
one time quite a number, only four it is, therefore, possible that at one i.e., power to call to the Bar and to
survive today as communities of time the apprentices were no more disbar or suspend. These powers are
than students but it is clear that in still said to be delegated to the Inns
lawyers?Lincoln's Inn, Inner Tem
ple, Middle Temple, and Gray's Inn. due course they formed the greater by the judges. This proposition is
They have changed little in their or part of the practitioners. No more supported by the fact that a mem
ber of an Inn who has been dis
ganization during the 600 years or serjeants were appointed after 1877
and the last of their order died in barred or suspended is still entitled
more since they were formed. In ef
fect the Inns were residential col 1921. to appeal to a committee consisting
leges, similar to a university, for the At one time attorneys could be of the Lord Chancellor and the
study of the common law; but in members of the Inns of Court Judges of the Supreme Court.
addition to law, tuition was given in (though it is not clear whether they Whilst the Inns of Court provided
other subjects also such as music, had to be) and until the end of the from early times an organization of
history and dancing, and it was cus seventeenth century could be called the profession in London, further
tomary for the sons of wealthy fam to the Bar. They were also per organizations came into being in the
ilies to be sent there for a polite and mitted by the court to plead their provinces as the result of the Circuit
useful education even though they clients' cases in court. By the eight system. It was Henry II (1154-89)
did not intend to practice law. eenth century, however, the clerical who first sent judges out from Lon
The Inns comprised (as they do to and preparatory side of legal work don to travel round the Kingdom
day) three distinct groups of per came to be recognized as the proper and at Assizes to administer both the
sons. First there was a governing and principal function of attorneys civil and criminal law. The country
body of senior members called and at that stage they were no long was divided up into different circuits
"Benchers" because they acted as er admitted to the Inns or called to and one or more judges were al
judges on the bench at the frequent the Bar. lotted to each circuit, within which
moots or mock trials which consti In the sixteenth century a new they travelled from town to town.
tuted one of the main methods of rank of barrister appeared, taking As the judges moved from place to
instructing students. Secondly there precedence after the serjeants and place, the clerk of the court and
were the utter or outer barristers over other barristers. These were the members of the Bar moved too on
who were sufficiently advanced aca King's Counsel. They came into be horseback or by coach. There was
demically to argue in the moots, and ing as a result of a practice of ap no question as today of barristers
lastly the inner barristers or students pointing leading barristers to be travelling back to London between
who were not allowed to argue at counsel to the Crown and to advise the conclusion of one case and the
the moots, but had to attend for the and assist the Attorney General and beginning of the next or between
purpose of instruction. The signif the Solicitor General. It was their Assizes. The distances were too great
icance of the words "utter" and duty to give their services to the and the means of travel too slow.
"inner" as applied to these last two Crown as and when required. Orig Consequently the members of the
classes of barrister, lay in the places inally they were paid ?40 per an Bar on each circuit formed them
(outer or inner ends) on the forms num for this retainer but later, fees selves into communities which re
which they had to occupy respec according to the work actually done. produced some of the features of the
tively when moots took place. life of the Inns of Court in London;
In the eighteenth century the duty
The actual word "barrister" was to the Crown became nominal, al and especially the habit of dining
not actually found in use before the though it was only comparatively re together at night after the court had
risen. These communities or circuit
fifteenth century. Up to that time we cently (1920) that King's Counsel
find pleaders and students divided were relieved of the need to obtain a bar messes as they were (and are)
into two categories, Serjeants and special license before appearing called, although possessing none of

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 The Legal Profession in England

the disciplinary powers of the Inns jurisdiction, powers or privileges of the first meeting of the Council
of Court in London, nevertheless the Inns. which takes place after October 1
maintained a strict standard of pro The Bar Council (the beginning of the legal year). A
fessional behavior amongst their Chairman may not serve as such for
Constitution, Organization
members if by nothing more than
The General Council of the Bar, more than four years consecutively
the moral force of collective opin and the same applies in practice to
ion. normally called the Bar Council, is the Vice Chairman and Treasurer.
the only single body which repre
Compared with the Inns of Court Once a year (now in July) the
and the circuits, the General Coun sents the Bar of England and Wales. Council faces the Bar at the Annual
It derives its authority from the Bar
cil of the Bar is a completely modern
acting in general meeting and by General Meeting which is normally
institution. It came into being in virtue of that authority is under a held in the medieval surroundings
1895, as the successor of the Bar Com
permanent duty to consider all mat of the Middle Temple Hall. Any
mittee which first appeared twelve
ters affecting the profession and to member of the Bar is at liberty to put
years earlier in 1883. The need had take such action thereon as it deems down for discussion at this meeting
evidently begun to be felt by that any resolution he pleases, provided
expedient.
time for a single body which could
The Council is for the most part he gives at least twenty-one days' no
speak for the Bar with one voice tice of it in writing to the Secretary
an elected body, forty-eight out of its
and act promptly on its behalf in an
fifty-eight members being elected of the Council. Before these private
era where corporate representation resolutions are moved and debated,
members. Of the remaining ten, the
was becoming increasingly impor Attorney General and Solicitor Gen the meeting is addressed by the At
tant. The four Inns were still per torney General who, as the head of
eral are ex officio members. There
forming all the functions they had
are also eight additional members the Bar, presides, and by the Chair
performed for several centuries, but
who are appointed each year by the man of the Council. It is customary
for these addresses to include a re
in spite of machinery for maintain
elected members to represent those
ing liaison between them, they were
sections of the Bar, e.g., Tax, Parlia view of the principal matters which
not collectively organized to act with
mentary, Patent and Divorce Bars, have been engaging the attention of
speed and unanimity in regard to the Council during the previous
which are not normally able to twelve months and to touch on the
the increasing number of matters
both internal and external which obtain representation through the more acute problems facing the pro
ballot box. Two of the additional
were requiring the attention of the fession and the lines along which
members may be non-practicing bar
profession. The functions which de risters. solutions have been or may be
volved upon the Bar Committee and All members of the Bar are en sought. The Chairman concludes his
the General Council of the Bar had
titled to vote at the Annual Election address by moving the adoption of
to some extent been previously un the Annual Report, or Annual State
which now takes place in the latter ment as it is called, of the Council
dertaken by the Attorney General
part of July. Ballot papers are sent
who had for long been recognised covering the Council's activities over
out by the Secretariat to all prac
(as he still is today) as the head of the past year. The statement is cir
ticing members of the Bar and to culated to the Bar about a month be
the Bar?and particularly the giving such others as subscribe to the Coun
of opinions on matters touching
cil, but any barrister who has not fore the Annual General Meeting.
upon professional etiquette. But his Apart from the Annual General
official duties must have increased received a ballot paper is entitled to Meeting, the Council can and some
have one on request. Twenty-four
very considerably during the nine
members are elected each year to fill times does convene Extraordinary
teenth century and could obviously
vacancies caused by the compulsory General Meetings of the Bar; and an
only leave him limited time for at
retirement of those twenty-four of Extraordinary General Meeting can
tention to professional matters. In also be requisitioned at any time by
the forty-eight elected members who
addition there was a growing de
have been longest in office. Provided not less than forty practicing bar
mand at the Bar for representation he has not served for more than risters.
through an elected body as had al The business of the Council is
four years consecutively and has not
ready long been the case with the attained the age of 72, a member of conducted in the main by its several
Solicitors' branch of the profession. the Council who retires by rotation committees. There are seven stand
The General Council of the Bar ing committees, Executive, Profes
is eligible for re-election.
was established as a result of Gen
Apart from the two additional sional Conduct, Law Reform, Exter
eral Meetings of the Bar in 1894 and members who may be non-practicing nal Relations, Legal Aid, Court
1895. The Inns of Court gave their barristers, all members of the Coun Buildings and Legal Education.
approval and undertook to contrib cil must be in practice. There are also two standing joint
ute financial assistance on the un The Officers of the Council committees?one with the Inns of
derstanding that the Council would Chairman, Vice Chairman and Court and the other with the Law
not claim to exercise any of the Treasurer?are elected each year at Society. In addition the Council has

June, 1957 Vol 43 509

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The Legal Profession in England

four members on the Law Society's (c) The improvement of the ad port which may be made by any par
Legal Aid Committee on which falls ministration of justice, procedure, ticular section of non-practicing ,
the burden of the administration of the arrangement of business, law re barristers. For example the Council
the Legal Aid and Advice Act 1949. porting, trial by jury, and the cir supported members of the Bar in the
Special committees are appointed cuit system. Government Legal Service some
as and when required. A very wide (d) The establishment and main years ago in a claim for higher sal
range of business is dealt with by the tenance of a system of prompt and aries. But quite apart from the ques
Executive Committee which meets efficient legal advice and aid for tion of support the Council cannot
once a fortnight during term time. those persons in need thereof irre ignore the activities of non-practic
All business is attended to in the spective of their capacity to pay. ing barristers where these threaten
first instance by the Secretariat and, (e) The promotion and support to undermine the high standing of
wherever necessary, allotted to the of law reform. the profession or to bring the Bar
appropriate committees. Committees (/) Questions of professional into conflict with the solicitors'
have a wide authority to take deci conduct, discipline and etiquette. branch of the profession. It follows
sions on matters referred to them. (g) The furtherance of good re that the Council has a limited re
Otherwise they make recommenda lations and co-operation between the sponsibility for those who are quali
tions to the full Council. two branches of the legal profession. fied but do not practice as barristers
The Council meets once a month (h) The furtherance of good re and has perforce to lay down from
during term time and the agenda lations and understanding between time to time rules for their guidance.
consist of reports and recommenda the Bar and the public. It does in fact receive requests for
tions from the various committees. (i) The furtherance of good re advice from and gives guidance to a
As regards finance, the Council lations between the Bar and lawyers substantial number in the course of
derives the majority of its income of other countries. each year. But subject to these pre
from subscriptions and the remain (j) The protection of the public liminary observations, further refer
der from annual contributions by right of access to the Courts and of ences to the Bar and to barristers are
the Inns of Court. Every practic representation by counsel before directed to the practicing profession.
ing member of the Bar (there are ap courts and tribunals. In the following account of some
proximately 2,000), is expected to As will be seen from the ear but by no means all of the Council's
subscribe a specified amount each lier paragraph on organization the current activities, it is perhaps not
year according to his seniority; but Council consists, with two possible inappropriate to start with a refer
the Council has no sanction to en exceptions, of practicing barristers, ence to what many practitioners be
force the payment of subscriptions and it is in general true to say that lieve to be the most acute problem
and its willingness to give its services it represents primarily the interests of the profession at the present time
to a member of the Bar is not de of the practicing profession. One of ?the inability to make proper pro
pendent upon his being a current the phenomena of the Bar today is vision for retirement. The barrister,
subscriber. A measure of financial the large proportion of men who are unlike many other professional men
support is received also from mem called and then do not proceed to and the small shopkeeper or busi
bers of the profession who are not practice or if they do, abandon it nessman has no assets to turn into
in practice but who wish to keep in within a comparatively short time. capital at the end of his career; no
touch with the Council's activities. This is due largely to economic rea partnership or goodwill to sell. At
the same time the incidence of taxa
The Work of the Council . . . sons and especially to the difficulty tion is such that under the existing
of young men in finding means to
Ten Objectives support themselves during the initial law adequate saving out of earned
As already explained it is the funcyears of practice when earnings are income even by the most successful
tion of the Council to consider all negligible. But whatever the reasons is virtually impossible. Salaried em
matters affecting the profession and the result is that in contrast to the ployees are in a much more favor
to take such action thereon as it 2,000 barristers who are in practice, able position in regard to retirement
deems expedient. More specifically there are probably three or four benefits. than professional men be
its objects as provided by a revised times that number who have entered cause they and their employers are
constitution approved by the Bar in other occupations?e.g., the Govern relieved of tax on premiums paid
a General Meeting in 1946, are as ment Service, Colonial Legal Service, towards policies of insurance or su
follows:? Local Government, commerce, and perannuation funds, designed to pro
(a) The maintenance of the hon industry. The Council does not at duce an annual income when the
or and independence of the Bar, and tempt to provide any collective form age of retirement is reached. The
the defense of the Bar in its relations of representation for these barris professional man enjoys no similar
with the judiciary and the executive. ters. Their activities and interests concessions. The Council has played
(b) The encouragement of legal are so diverse that it would in any an active part over the past two
education and the study of juris event be impossible. But it is pre years in conjunction with the Law
prudence. pared to consider requests for sup (Continued on page 566)

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New Jersey Judicial Reform

of time for better justice and will the blow it would deliver beyond the the problems, state and federal, im
continue to strive for generations borders of our state to the valiants peding justice through bad judicial
and generations past our own. Yet who are struggling in so many places administration. The model held up
to the conference as to what should
New Jersey's contribution is one of to have our example emulated in
the great milestones on that road. their own states. The Attorney Gen be done is what has been done
The sorrow of any retreat on our eral of the United States only recent in New Jersey. We must in good
part lies not alone in the disservice ly organized a conference of agencies conscience go forward. We must nev
to our own citizens but, as well, in to make a national frontal attack on er, never retreat.

The Legal Profession merit. one hand and to sea and land trans
in England Reform of tax law is but one as port on the other. Further subjects
(Continued from page 510) pect of law reform, a subject in which have recently received atten
Society (on behalf of solicitors) and which the Council is specifically ex tion in this way are the publicity
the Institute of Chartered Account
pected to interest itself. Its work in at present given to preliminary pro
ants in England and Wales in the this sphere falls under two separate ceedings in criminal cases when
making of repeated representations headings. First, the giving of evi heard by examining Magistrates the
to the Government (on behalf of dence to Royal Commissions and powers of the police, and the power
more than twenty professions) both Government Departmental Commit of Ministers to prohibit evidence be
orally and*in writing on the urgent tees which are charged with the duty ing adduced in the courts on
need to introduce legislation to im of examining the law on given sub grounds of public interest.
plement the recommendation of a jects and making recommendations The Council plays an important
Committee set up several years ago as to reform. Where these subjects part in the administration of the
by the Chancellor of the Exchequer, are within the experience of legal Legal Aid and Advice Act 1949.
that members of the professions practitioners, the Council is invari This act in a sentence enables per
should be entitled to apply a per ably invited to submit memoranda sons with incomes or capital re
centage (12 per cent-18 per cent ac and to send representatives to give sources below a given level (which
cording to circumstances), of their oral evidence. On such occasions it is dependent upon the size and com
gross earned incomes each year with is the normal practice to set up a position of the family) to bring or
out deduction of any income tax, to special committee to prepare the defend civil proceedings in some
the purchase of life annuities de necessary evidence for approval by cases without cost to themselves or
signed to produce an annual pension the Council. These committees are otherwise at a cost which cannot ex
at the age of 65. It is no exaggera composed mainly of barristers who ceed a contribution payable over a
tion to say that the whole future of specialize in the particular subjects period and which is ascertained at
the Bar may well depend upon under review, irrespective of wheth or before the commencement of the
whether or not some concession of
er they are serving members of the proceedings. The Act which now ex
this character is granted and there Bar Council. (All committees of the tends to proceedings in the County
will be intense disappointment if Council have the widest powers of Court as well as in the High Court,
the Chancellor of the Exchequer co-option.) At the present time there provides that in order to qualify for
does not provide the necessary rem are special committees preparing legal aid, the plaintiff or defendant
edy in the April budget.1 evidence for Departmental Commit must obtain a certificate which is is
It is perhaps appropriate to men tees on Administrative Tribunals sued by a committee consisting of
tion here that retirement benefits are
and Inquiries and on Bankruptcy barristers and solicitors, who have to
not the only aspect of tax law with Law. Other examples in recent times be satisfied that the assisted person
which the Council concerns itself.
were the preparation and submis has on the face of it good legal
It has at the present time a Commit sion of evidence to the Royal Com grounds for bringing or defending
tee which is prepared to consider mission on Marriage and Divorce the proceedings. Members of the Bar
any income tax problem of general
and the Departmental Committee on give their services on these legal aid
and personal interest to members of committees all over England and
the Bar, and to advise on the best the Law relating to Homosexual Of Wales and also on other Area Com
fenses and Prostitution.
course of action to be taken, e.g.,
From time to time the Council 1. The Chancellor of the Exchequer an
negotiation with the Inland Reve nounced his intention in his April budget of
nue or the fighting of test cases. One through its Law Reform Committee 1956, to adopt this recommendation and it was
also takes the initiative in advocat implemented by the Finance Act 1956. This
such problem which the Committee permits a self-employed person to apply 10
is about to tackle is the refusal of ing changes in existing law, e.g., rec per cent of his earned income up to a maxi
mum of ?750 per annum to the purchase of
the tax authorities to allow the cost ommendations have recently been a life annuity and to treat any sum so applied
as an expense for tax purposes. The limit is
incurred by barristers in travelling made regarding certain anomalies as extended on a sliding scale for older self
to and attending international legal to the measure of damages which employed persons, rising to a maximum an
nual contribution of 15 per cent of earned
conferences as deductible expenses can be recovered by those involved income up to a limit of ?1,125 in the case of
a person born in or before 1907.
for the purpose of income tax assess in accidents to air transport on the

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 The Legal Profession in England

mittees which consider appeals from be taken of the tremendous post-war

the certifying committees. All the increase in the cost of living. The

H DAILY LOG>
barristers concerned are nominated matter is of importance to the Bar
to serve on these legal aid commit because solicitors not unnaturally do
tees by the Bar Council. In addition not like to agree, to pay a greater Ili| FOR
RECORD BOOK
LAWYERS
to service on the committees, the amount in fees than they will be able
to recover in the event of their cli I / A complete system of record
percentage of practicing barristers
who have entered their names on ents being successful. The Council I J keeping forms designed specifi
I j cally for the law office. Provides
the panels of those who are prepared is consequently interested, if indirect I | more efficient record keeping
to undertake the conduct of cases of ly, in the machinery of taxation and f / procedures; gives you an accu
i \ rate check on costs; frees your
legally aided persons is very high. on occasion makes representations , / mind of petty details; stops
regarding the taxation of counsel's U "profit-leaks" in your office rou
ii tine. Adaptable to any practice
An Important Field . . . fees to the appropriate authority. I ? pays for itself in billings nor
Conduct, Etiquette There is a more direct interest in 1 mally forgotten.
An important field of the Coun cases where counsel is appearing for
cil's work is professional conduct and a client who has been granted legal
etiquette. Although the Council has aid because in such cases his fee is
no disciplinary powers, which are not agreed in advance but fixed at
vested exclusively in the Benchers of 85 per cent of the amount allowed
the Inns of Court, it has since its
inception given rulings on questions
by the taxing officer. If he is ag ^^^^B Write for FREE
grieved at the fee so allowed, counsel ^^^^^^1 Folder - Sample Pages
of etiquette which are published in can in certain circumstances appeal
the Annual Statements each year. to a judge and the Bar Council fre
These rulings cover a very wide quently gives advice and assistance
range of subjects, for example from in the conduct of these appeals
the circumstances in which a tele multitudinous that time does not
which are of considerable impor
vision broadcast may be given by a tance to the Bar as a whole because permit of their individual examina
practicing barrister to guidance on the decisions create precedents by tion by the Council's staff.
what counsel may and may not do in which the taxing officers are bound In the field of external relations
a criminal case where his client pri in later cases of a similar nature.2 the Council maintains a constant
vately confesses his guilt during the Apart from the foregoing, the Coun link with a number of international
course of the trial or when it is about
cil is also prepared to give assistance legal bodies and frequently sends a
to begin. in cases where undue delay occurs representative or representatives to
Apart from giving official guidance in the payment of counsel's fees, or their conferences, and invites mem
on professional etiquette, the Coun the solicitor for some reason declines bers of the Bar to contribute papers
cil investigates complaints against to pay them at all. A barrister can on the topics to be discussed. At
members of the Bar and, where they not sue for his fees, which are re home the Council has taken its part
appear to be well founded, send the garded as an honorarium, but a so in conjunction with the Law Society
papers to the Inn of Court of which on a number of occasions in organ
the barrister concerned is a member.
licitor is by etiquette under an
izing conferences in London, the
Not a little of the Council's work obligation to pay them. In the event most recent example being the Com
is devoted to counsel's remuneration. of a dispute arising the barrister and monwealth and Empire Law Con
solicitor concerned are invited to
In general, fees in each case are the submit it for arbitration to a tribunal ference of 1955 which was attended
subject of negotiation before the of which one member is nominated by nearly 1,000 delegates. On such
hearing and there are no scales ex occasions the Inns of Court play an
by the Bar Council and the other by
cept in the County Court and for important part in offering hospital
criminal defenses where the accused the Law Society.
Another function of the Council ity, which they are ideally equipped
is granted legal aid. But the level of to do. Apart from organized meet
fees is governed to no small extent is to examine proposed legislation ings, assistance and hospitality is ex
by the system for the taxation of for provisions which affect the Bar, tended each year to a considerable
costs, whereby after the hearing of e.g., as regards the right of parties to number of individual lawyers from
a civil case, the amount of costs (in be legally represented before courts overseas.
cluding counsel's fees) which the los and tribunals. This task is compli In the course of the activities
ing party has to pay to the successful cated by the fact that important mat 2. In Rolphe v. The Marston Valley Brick
ters of this kind are often not con Co., 2 W. L. R. 929, it was held that neither
party, is fixed by an official of the
tained in Acts of Parliament but in the Legal Aid and Advice Act nor the Regu
lations issued thereunder contained any au
Court. The quantum of fees so al
thority for the bringing of appeals against
lowed is in some cases, especially as Regulations which Ministers of the the decisions of Taxing Officers as to the
regards pretrial work, extremely low Crown are empowered to make by quantum of counsel's fees or solicitors' costs
in legal aid cases. Steps are now being taken
and little or no account appears to Acts of Parliament and which are so to correct this omission.

June, 1957 Vol. 43 567

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The Legal Profession in England

which have been outlined above and

many others, constant liaison is #SUMMER TRIAL TECHNIQUE CLINICS
"Learning by Doing'*?Not A Lecture Course
maintained with Government De Instructor?IRVING GOLDSTEIN, Author of "Trial Technique"
partments, principally the Lord Trial Technique Clinic?July 8 thru July 13, 1957?Tuition $125.00
Advanced Trial Technique?July 15 thru July 20, 1957?Tuition $125.00
Chancellor's Office and the Home Morrison Hotel (Air-conditioned room/ Chicago
Limited Groups?Write Irving Goldstein, 134 N. LoSolle St., Chicago 2, III.
Office, and other professional organ
izations, in particular the Law So
ciety. stone of the English legal system. It some professional organizations but
The question is asked what serv is accordingly extremely difficult for it does not come easily or naturally
ices should be given by the Council, the public to see the Bar in its true to the majority of members of the
which are not already provided. As perspective and one tangible and Bar, all of whom are brought up in
on many other matters there is no serious effect is that bar students are a tradition which abhors individual
unanimous opinion at the Bar about often completely oblivious of the publicity, to become attuned to the
the additional activities which hazards which they will have to face. idea of collective publicity; added to
should be undertaken, and their pri Although replies are made on oc which is the difficulty that a small
ority, although there is no lack of casion to individual newspaper ar organization does not have at its dis
suggestions. But there is a body of ticles, and factual information given posal the staff or financial resources
opinion which holds that greater im to the press about conditions and life to engage in what would undoubted
portance should be devoted to pub at the Bar, whenever opportunity ly be a heavy and expensive under
lic relations and what is commonly presents, the usual policy is to run taking.
called in North America "Institu what is thought to be the lesser of As a sub-division of the public re
tional advertising", i.e., publicity for two risks, namely to maintain silence lations problem, there is a further
the profession as opposed to any in rather than to invite further unde respect in which the Bar has so far
dividual member of it. There is no sirable publicity which might be a not attempted to keep step with
doubt that the Bar is not infrequent consequence of "rising to the bait" many of its fellow professional or
ly misrepresented in the national with frequent rejoinders. But those ganizations?the production of its
press of Great Britain, and on occa who are "public relations conscious" own journal. The arguments in favor
sion attracts attention of a hostile hold the view that a true perspective of having one require no elabora
character. The most familiar theme can only be instilled by a planned tion. But the difficulties involved in
(based on publicity given to fees and continuous policy of publicity producing a journal of the requisite
alleged to be earned by some mem through the press and the broadcast standard are again those of lack of
bers of the Bar in individual cases, ing medium. This is already done by adequate staff and finances.
or to the incomes which they are
said to be earning), is that the Bar Department of Legislation advocated improved health services
is an eldorado, providing for all its and better recreational facilities. In
(Continued from page 552) line with the aims of the Club the
members a glamorous career and as
tronomical remuneration, which re The City of Pittsburgh and the Al Committee has at all times sought
sults in a high cost of litigation. The legheny County smoke control regu to promote the physical improve
other side of the picture which shows lations have been responsible for ment and cultural advancement of
that a very substantial proportion of changing Pittsburgh from what was Pittsburgh and Allegheny County.
the practicing Bar is not earning a once known as the "Smoky City" to No statement of the work of the
living (a survey in 1953 showed that one of the cleanest and most attrac Legislative Committee would be
barristers of between five and twenty tive metropolitan areas in the nation. complete without some mention of
years standing earned less than ?800 In the field of water pollution the various other committees of the
per annum on average); and that its abatement the Civic Club long was Civic Club which work with it in
younger members have a desperate an advocate of the Ohio River Valley promoting civic progress. An active
financial struggle for years on end to Compact through which the eight Zoning Committee reviews the build
keep going until they have estab states in the Ohio River drainage ing and zoning regulations of the
lished a practice, is seldom if ever basin would co-operate in control City of Pittsburgh. A Budget Com
portrayed. The numerous factors ling water pollution. Despite intense mittee composed principally of certi
other than counsel's fees and solici opposition of various interests this fied public accountants and other
tors' costs which contribute to the Compact finally became an actuality technically qualified persons reviews
cost of litigation are not explained. at the end of World War II. the City, County and Pittsburgh
Nor is any space devoted to empha The Legislative Committee has School District budgets and makes
sizing the vital part which the pro supported efforts to regulate the erec suggestions for improvements in fis
fession plays in the administration tion and maintenance of billboards. cal procedures. Another committee
of justice and the unique spirit of It has sponsored measures to pro of the Club is concerned with im
mutual trust and confidence between mote roadside beauty and to improve proved library facilities for the resi
Bench and Bar which is a corner traffic and transit facilities. It has dents of Allegheny County.

568 American Bar Association Journal

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