MONOPOLIES.
" Abuses and monopolies are now reduced to a question of time, and will ere long be restrained or destroyed altogether. The Catholic question, great as was its importance, was not so important in itself as in its consequences. It is not the dawn itself which is so cheering, as itsprornise of theday which is about to follow."—Srz CTATO Aug. 2,1829.
MR. Eurroa—The able article from which the above extract is made, calls our attention to monopolies in general ; and you will be rendering an essential service to the community at large if you persevere to bring before the notice of the public similar grievances. The " Bar" has received one lashing from your correspondent—let me hope he will repeat the flagellation ; and if he wants an assistant, my humble services are at his disposal. I leave to his able pen to put the public in posseaaion of the practical injury which the bar monopoly inflicts on the boasted rights and liberties of Englishmen in the prosecution or the defence of their just rights. I assert, as a general rule, that every legal proceeding which advances beyond a certain step is inflicted with an additional expense and injured by ruinous delay, from the simple circumstance of every party connected with a cause being compelled to employ counsel; a class of society peculiarly distinguished for its selfishness, its illiberality, and inordinate love of fees. With shame, Sir, (as being designed for the bar) I make these observations on this mis-called "liberal profession ;" but many barristers have admitted to mp their truth. There is no cordiality of general feeling to be found even amongst the learned body itself, except in devising rules for the protection of their privileges and exclusive advantages. A learned Sergeant, who now is in as great practice as any barrister in the courts of law, on the first discovery by his brethren of his being an able man was looked on with no favourable feeling. "Means (they said) must be resorted to, to prevent attornies from going to the bar: those who have the presumption to find theirway there, and possessing talent enough to make their presence disagreeable, even unprofitable, must feel oue-displeasure : we will not associate-with them." This system is also extended to those barristers who rashly (as things are now con. stituted) in advocating their clients' rights attempt to controvert the opinion of the Judge, or have sufficient spirit to refuse being trampled upon by their leading counsel, who have "the ear of the Court." These gentlemen have a great aversion to junior counsel breaking out of the route which the custom of the bar has assigned them. An attorney, an intimate friend of mine, once employed two junior counsel, who were in his opinion more learned and eloquent than the many King's counsel on the circuit where the occurrence took place. The Jury were so satisfied with the justice of my friend's case, that they in substance returned his client a verdict. Three King's counsel were employed on the other side; and the learned Judge who tried the cause had been selected a very short time previously from the Equity Courts to fill a vacant judicial situation in one of the Common Law Courts. These gentlemen seriatim contended, that although time finding of the Jury was for my friend's client, yet in point of law the verdict should be entered for the party whom they represented ; and which by the direction of the Judge was accordingly dope. Privately afterwards, one of the junior counsel had the candour to tell my friend lie lost his cause by not employing a
King's counsel ; adding these words--' Lorr/r/Op would take the word of tv Kntg's counsel in preference to our • oaths." Some short time previously, the. learned Judge had been himself a Klug's counsel. I ascribe no corrupt motive,. for none existed ; but such are the consequences of leaders having the "ear of the Court." It is almost unnecessary to add, that my friend's client was poet',, his opponent rich ; and, as a matter of course, the losing party was entirely rubbed, by leaders possessing the ear of a learned Judge. The source imf these evils you have justly ascribed to the monopoly which exists
in admitting members to the bar. The Benchers, very wisely for themselves, object to call to the bar (although properly qualified) attorneys, from miss other motive I believe' than to cover their own poverty of parts and deficiency of professional skill. The success of the learned Sergeant to whom I have already alluded has sounded the alarm ; and to this is to be attributed principally the desire of shutting out attorneys, who as they are almost uniformly articled in early youth, rarely possess University attainments, which are now to be made a. condition of admission. But it is not a degree of A.M. or L.L.D. which cons& tutee a lawyer: it is a knowledge, Sir, of the rules of the profession by which. the rights and property of Englishmen are protected—rights not merely theueeticaly. but which have been reduced to a certain system of practice, and a lotowledge of which is certainly not acquired in a University. Why then impose upon us: the services of persons wlm are incompetent, from their education, to discharge. the duties we are compelled to intrust them with, and that too at an additional expense to the client ! The barristers at the present day are merely the conduit-. pipes of attorneys. Why should not attorneys be permitted to plead the causes of their clients ? An attorney, from his education, experience, and general. habits, is much better qualified to discharge effectually the duties of a barrister. of the present day, than the learned gentleman himself, although the latter may. be possessed of a profundity of classic lore and mathematical attainments.
I shall defer until another opportunity some remarks on a monoply—most un necessary and vexatious, and, by time way, a principal cause of the grievances ma our Courts of Equity. I allude to the existence of a set of persons who are denominated Clerks in Court. A Clerk in Court is a kind of automaton, whom ourwise forefathers have authorized to extract fees from miserable suitors, and whose services I will undertake to show are productive only of useless expense and delay. London, August I82. AitismEs.
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