Page:The Green Bag (1889–1914), Volume 12.pdf/670

 A Chat About Barristers. He has the reputation of making " a rat tling good speech," and that is always left to him, whatever other part he may or may not be called upon to take. Many a man has he pulled out of the fire by a good speech at the end, attacking and criticising the points urged by the prosecution, and trusting to the effect of his speech on the mind of the twelve good men and true. If he calls no witnesses, he deprives the prosecution of the opportunity to reply : thus securing the last word — often of the greatest importance in jury cases. A fact not generally known, is that, as Queen's Counsel are officers of the Crown, it is necessary, before they can appear for a prisoner against the Crown, to obtain -a per mit, which is, however, always granted, and costs half a guinea. It is only the bare truth to say that the really leading men can command their own prices, and even then are pelted with work which it is sometimes impossible for them to properly attend to, notwithstanding the as sistance of clerks, pupils, and the system known as " devilling." Like other human beings, they cannot attend to two things at one time. The Parliamentary Bar suffer terribly in this way. The working days in a year are fewest with them, and in their effort to make their hay, the pressure is felt severely by both themselves and the people (mostly pub lic bodies) who seek their services. It is a common practice to retain three counsel to pilot a private Bill through Parliament. You may then hope to secure the corporeal pres ence of one or other of them throughout, and perhaps two for the greater part of the time. In connection with one Bill in which I was concerned, we briefed three. The leader came and " opened " and we never saw him again during the five days the committee sat, until the favorable decision was given (for which he, with becoming modesty, took the credit); and he was only once at the daily conferences. FYequently we only had

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one present, and twice was our counsel's bench empty. Needless to say, they all drew their heavy fees regularly, and with as little diffidence as if they had each and all been in close attendance the whole time. What can you do? Pay, and look as pleas ant as possible. There is nothing else for it. As in other professions, there are special ists at the Bar. A famous Q. C. (now re tired) was related to a well-known musical family, and in consequence, for a generation he appeared in nearly every case involving musical or dramatic copyright. Not long ago, a county counsel proceeded against a manufacturer for alleged pollution of a stream. The defendant could not af ford a fancy fee. Yet, to lose the case meant ruin to him. He must have a first-class speaker and cross-examiner, and — more im portant still — one well up in that branch of chemistry associated with sanitary and pub lic health laws. So far from being able to pick and choose a man who possessed these two qualifications, he had first to be dis covered. Eventually he was found — at a handsome fee; but he justified his reputation, and succeeded — which is the main thing. It pays to be a specialist. Years ago, there was an agitation inau gurated against the practice of charging a fee for the clerk on top of that paid to the principal. This fee is an additional half a crown upon any fee up to five guineas, five shillings up to ten guineas; and so on up to fifty guineas, upon and above which it is two and a half per cent. Many hard-worked counsel have more than one clerk; while, with the briefless crowd, one boy frequently does duty for several, and his almost nominal services (so far as briefs are concerned, that is) are considered adequately rewarded by ten shillings a week. From what the reader knows now, he will be prepared to hear that the agitation dropped through. Leading counsel don't sit at their chambers waiting for work, and willing to chaffer about fees. Rather, you have to go