BA.It ETIQUETTE.
There are in institutions of an enduring character periods of reform and stages of transition ; signs of decay precede them, and unmistakeable tokens of pain accompany the renovation of the weak and the removal of the worn- out portions of the system. The knife and actual cautery are the penalties paid to weaknesses wh.h time and errors in the actions of life engender. If the physieian be skilful, and the treatment sf the patient successful, renewed - vigour and adapted powers in the old constitutions are the consequence. Now, none who care for the subject, and have opportunity of observing the state of the law and the position of lawyers at this present moment, can doubt that now there is a transition crisis, and the period of reform has not only be,gun, but is in rapid progress throughout the practice of the law in England. We find, therefore, as we should expect, the uneasiness and dis- comfort which must be the unfailing accompaniment of this condition of cir- cumstances. The junior bar of the Courts of Common Law especially, amongst other parts of the legal system, shows undoubted symptoms of the pinch. They entered their profession when the abuses of the law were certainly acknowledged but still rife—new rake, as they were called, had been framed, but the old vice remained. Old judges imprinted the characters of the an- cient system upon the reformed one, and volumes of reports are filled with the heavyquibbling and costly trifling induced by the habit of mind of the more influential and active rulers and practitioners of the Courts of Common Law. Anil so nothingbettered, but rather growing worse, the Courts of West- minster are now found by the younger men at the bar not only to provide no food for their ambition, but to promise shortly none for their belhes. That reform must come, and soon, is undeniable ; but during its process some must suffer. For this cause ihe bar is the body which feels the condition of things most acutely. It falls uponthem the sharpest because they are by their own rules and regulationsof etiquette .precluded from adapting themselves to the circumstances of the time. Their bands are tied' so as to prevent them from doing that which they are best fitted to do by education and professional habit.
The office of advocate in the County Courts, for example, is thrown into hands the least fitted,. and in many oases the most objectionable. In fact, a onesided free trade in the law has been set up.
Now, however lawyers of either clique may shrink from it—however those who are old in horsehair, and who have achieved position and dignity in the .days. gone by, may scout the notion, and vociferate impending ruin of our glonous constitution—however respeotable heads of old-established firms may push the stupid paper" on one side—depend upon it this transition period -tends to essential alterations in relation of counsel and solicitor. There may be still barristers and attornies—tbe speaking advocate and the erudite lawyer for great consultations ; but, however the division of labour in the law shall be regulated, depend upon it the barrister will no longer, because he can no longer, sit still, bound to silence and to idleness by an etiquette suited to other days, but which now injures the public and ruins a profession. Coun- sel will no longer debar themselves from the privilege of serving their clients as far as they can, without the intervention, when it is unnecessary, of third parties ; they will no longer refuse to let one who trusts them call at their chambers, to test first of all the necessity of an attorney, and ask, per- haps, " Can you do this for me ? Can I repel this unjust demand ? Can I enforce this claim ? Is this agreement regular or not ? Is this will to be construed in my favour ? Is it worth my while to put the machinery of law in motion ; and if so, whatstep shall I take ? whom further employ ?—Advise me." Nor, because counsel will give his opinion for his fee, and refer him, if need be, to such practitioner as can perform those mysterious rites of sum- mons and office-duties as shall be allowed by our law reformers to remain, will his legal or moral character be degraded, or his reputation tarnished. Order in the profession will grow of itself: the members of an influential and intelligent class of men should not be hindered from finding their own level, and assisting in the work of the community. Etiquette more or leas rational' there will always be amongst associations of men ; but we can - appeal to the members of the bar, whether they do not see in the working of other portions of etiquette, consequences which should make them hesi- tate to affirm the absolute wisdom of their professional rules. The man whose scruples lie loosest upon him commits breaches of them at the ex- pense of the more highminded. Tliese breaches are difficult to prove : ap- pearances are kept up, but the conventional crime works out its evil in the loss to the professional community, both of profit and of the respect of the world. We can appeal, for instance, to the members of the many little sec- tions into which the Common Law bar is broken up, as to the existence of palpable but unproveable secret leagues between some barristers and solicitors, of which arrangements of fees are the basis. It is true that neither party
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can have been of repute ; but the evil, for sake of etiquette, must be borne, though it must spread. Bo generally, if professional etiquette (whether it be in the relation be- tween the two branches, or any other piece of it) is known to work harm to the honourable, and to gives the rogue the advantage, the public is the loser necessarily; and as regards the practitioners themselves, it will no longer do for those whose interest and repute are alike at stake to affect a supercilious carnage, and adopt an obstinate resolution to hold hard by all the ancient etiquette and former professional relations. In a word, not only must the law be revised, but the lawyers must review their mutual relations.
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