604 



LAW. 



at their chambers as well as before the sheriff's 

 jury. And a limited number of the younger barris- 

 ters commence their professional career in the court 

 of Marshalsea and Palace Court. But in matters I 

 before the judges at chambers in ordinary cases, j 

 and in the sheriff's court, and before the commis- j 

 sioners of bankruptcy, and the court of requests 

 and in some other of the subordinate courts, the 

 attorneys are allowed to and usually do perform 

 the duties, which are alone performed by barristers 

 in the higher courts. Barristers practising in the 

 courts of common law and advocates at Doctors 

 Commons, are occasionally employed before the 

 chancellor, in arguing questions relating to the par- 

 ticular branches of law, with which they are, from 

 their course of practice, respectively most familiar. 

 Some barristers rarely if ever appear in court, be- 

 ing employed chiefly as special pleaders, or equity 

 draftsmen, in preparing the written pleadings of 

 the litigant parties, or as conveyancers, or chamber 

 counsel. 



The right of practising pleading and audiences 

 in the court of common picas was formerly exer- 

 cised exclusively by persons holding the highest 

 rank in the profession, and of the degree of the 

 coif or sergeants at law; but by a recent royal 

 warrant barristers have now an equal right and 

 privilege to practise in that court; and the prece- 

 dence is conferred on the sergeants of law already 

 created. Future sergeants, if any should be cre- 

 ated, will take rank next after the king's counsel, 

 or those who have patents of precedence. King's 

 counsel have precedence, according to the dates of 

 their appointment. They answer in one respect 

 to the advocati fisci of the Romans, as they can- 

 not, without a licence, be employed against the 

 crown. And barristers having patents of prece- 

 dence, rank according to the dates of those patents, 

 and those having no patents of precedence, have 

 precedence after the king's counsel, sergeants at law, 

 the queen's attorney, and solicitor general, and the 

 recorder of London, according to the dates of their 

 call to the bar. Barristers, advocates and sergeants 

 never, on any occasion, have any interviews what- 

 ever with their clients. They confer only with 

 the attorney, solicitor, or proctor. No action can 

 be maintained by them for their fees, which are re- 

 garded as quiddam honorarium. They are em- 

 ployed not for the cause, but for the occasion only ; 

 and have no concern with the cause, or the fate of 

 it, beyond the particular occasion for which their 

 services have been engaged. It often happens that 

 the opinion of one or more barristers is obtained 

 respecting the legality of the demand or defence, 

 that another is employed to make the declaration, 

 or draw the answer or plea, that a third is em- 

 ployed to make a motion, that a fourth is em- 

 ployed to argue the case to the jury, and a fifth to 

 argue some question of law or equity to the court. 

 The brief, containing an abstract of so much of the 

 case as is important for the occasion, with the fees, 

 is delivered by the attorney at the time of the re- 

 tainer. England, for the purpose of trials at nisi 

 prius is divided into several circuits; two judges 

 attend on each circuit. A certain number of bar- 

 risters also attend the courts on the different cir- 

 cuits to argue causes at the nisi prius sittings be- 

 fore the court and jury. And it is a rule well 

 understood and observed, that no barrister can 

 go on more than one circuit unless upon a special 

 retainer. When commencing practice he may 

 go on a particular circuit once or t \vice to try ' 



his luck, and then change that circuit for another. 

 But after this trial, he is not permitted to change 

 his circuit during his practice. After being ap- 

 pointed the king's attorney or solicitor general, he 

 is obliged to give up his practice on the circuit en- 

 tirely, excepting in cases where he shall hnve a 

 special retainer. On the circuit the barristers dine 

 together, and none but those who are of the de- 

 gree of barrister are admitted to the table. The 

 judges, we believe, lodge at a house provided for 

 them exclusively by the county. Judges in all 

 cases in the common law courts, are selected from 

 the sergeants at law, and cannot return to practice 

 at the bar, after having taken a seat upon the bench. 

 The judges, sergeants, barristers and advocates, 

 when in court, wear, by way of distinction, a par- 

 ticular dress. The sergeants, barristers and advo- 

 cates wear wigs, bands and gowns ; and none are 

 allowed to appear in court without these badges of 

 distinction. His majesty's attorney and solicitor 

 general, the sergeants, and king's counsel, and all 

 above the rank of an ordinary barrister, have silk 

 gowns. The sergeants have nothing in their dress 

 to distinguish them from the king's counsel, ex- 

 cepting a black patch of silk on the top of the wig. 

 The judges wear full bottomed wigs and robes of 

 different colours on different days, in term time, 

 and wigs much like those of the sergeants at the 

 sittings at wist prius. Full bottomed wigs are also 

 worn by the barristers, when they appear before 

 the House of Lords. The attorneys, solicitors 

 and proctors, have nothing in their dress to distin- 

 guish them from other gentlemen. 



In regard to the education requisite to entitle 

 them to practise, that of the attorney and solicitor 

 differs widely from that of the barrister, as that of 

 the proctor does also from that of the advocate. 

 The attorney and solicitor are required to serve a 

 clerkship bona fide, under articles of agreement. 

 This service must be during five years, if the can- 

 didate have not obtained the honour of bachelor of 

 arts or bachelor of laws, in the universities of Ox- 

 ford, Cambridge or Dublin, but otherwise, three 

 years' service will be sufficient, if it be within four 

 years of receiving his degree. The whole of this 

 time must be spent in the office of a practising at- 

 torney, excepting the last year, which may be spent 

 with a practising barrister, special pleader or con- 

 veyancer. The candidate is obliged to give one 

 term's notice of his intended application for admis- 

 sion, and to make affidavit of his service during 

 the time required. Before being sworn and ad- 

 mitted, he is liable to be examined as to his eligi- 

 bility and capacity by the judge, to whom he 

 makes application, but this is usually dispensed 

 with unless there be opposition. He takes an oath 

 that he will truly and honestly demean himself as 

 an attorney, according to the best of his knowledge 

 and ability; and his name is then enrolled among 

 the attorneys. An attorney who has been sworn, 

 admitted, and enrolled in any of the courts at law 

 at Westminster, may be admitted as a solicitor in 

 any of the courts of equity. And on the other 

 hand a solicitor may be admitted as an attorney in 

 the courts of common law. Attorneys who act as 

 agents of unqualified persons, or permit such per- 

 sons to use their names, or are guilty of any gross 

 misconduct, are liable to be struck off from the rolls 

 and debarred from practising. And any unqualified 

 person, who shall act as an attorney, is liable to 

 imprisonment not exceeding one year. 



As to the education and qualifications requisite 



