with her that she was at last, though at first reluctant, determined to have her rights. But Mr. Pickwick acting on this assumption addressed the firm, from the first to the last in the most scurrilous language. He called them “robbers, swindlers,—a brace of pettifogging scoundrels!” Shocking and ungentlemanly terms, and what is worse, actionable. Yet the pair received this abuse with infinite good temper and restraint, merely securing a witness who should listen, and threatening the speaker with legal penalties.
And why did they not take this course? Well, they had to suspend proceedings until Mrs. Bardell’s action was settled, when on receiving their costs they were desirous to part in good humour. But Mr. Pickwick was so furious at being invited to shake hands with them, that he again broke out with coarse abuse, “Robbers!” “Robbers!” calling it after them down the stairs. Why did they not take action on this? Perhaps they were afraid; as Mr. Pickwick had shewn himself such a doughty and unyielding fighter—going to prison rather than pay. Perhaps they thought he might get the better of them again.
We have very little evidence as to what was the scale of fees in use in these days. They were of course far lower than they are now, after allowances even for the lower cost of living. To-day, the fees to Counsel alone would have absorbed considerably more than Dodson and Fogg’s whole bill of costs. A nice point is, could Mr. Pickwick’s irregular interview with Serjeant Snubbin be considered something in the way of a consultation? Here were Counsel, Solicitor and Client: the Serjeant gave up a portion of his valuable time and, further, the junior counsel was summoned specially from his chambers to supply his “advice and opinion.” Mr. Pickwick ought surely to have to pay for his whim. And the bill of costs that these “sharks” of attornies
sent in! It was astonishingly moderate. For writ, service of subpœnas, hunting up evidence, consultation, fees to counsel, fees for the day, retainers, etc.,—the sum of £120 was all that was asked.
Imagine Messrs. Lewis and Lewis sending in such a demand at the end of a trial which it had taken them nearly a year to get ready. In our time it could hardly be done under £1,000. Perker, by the way, told his client that on payment of the costs both of Plaintiff and Defendent, into the hands of “these sharks” he would get his release. With much indulgence—the attornies—allowed him to leave the prison on his bare undertaking to pay. And it is not clear why he should pay his own costs to them, and not to Perker. And they were not paid for sometime. Mr. Pickwick’s own costs must have been small. He had no witnesses. Perker would not have made a hand of him, and I fancy he would have got off for ninety pounds, or a hundred pounds. There was, however, the fees of the Special Jury, so he would have to pay, say, £220.
THE COGNOVIT.
Perker, it has been shown, was not a very brilliant solicitor, and his views on the trial were somewhat cloudy. When he was urging his client to leave the Fleet he threw out some equally shadowy and ill-informed notions as to what might be done in the way of punishing the nefarious solicitors, Dodson and Fogg, “those Freeman’s Court Sharks.”
His great charge was that they had got a cognovit, or undertaking to pay their costs out of Mrs. Bardell—their own client! Mr. Pickwick refused to pay them—why should not she? The poor woman had “blabbed” to Sam, a careless and natural assurance of theirs, that they would be content to get them from Mr. Pickwick—a thing many a firm would do. But Perker here sees a regular conspiracy. “I cannot undertake to say whether the wording of the cognovit, the nature of the ostensible consideration and the proof we can get together about the whole conduct of the suit, will be sufficient to justify an indictment for conspiracy.”
It is impossible to understand this bit of legal jargon. “The wording of the cognovit”—one could speculate on that without seeing it. (2) “The nature of the ostensible consideration” was not far to seek—it being work and labour done for the Plaintiff. And again, supposing they had promised her to get them solely from Mr. Pickwick—Sam’s revelation of this, in open court, and its reception with laughter, showed what was thought of it. So which of the two courses were they
to adopt? (3) And “the proof we may get together about the whole conduct of the suit.” This “whole conduct” was perfectly regular. So the Judge thought—so did the jury. The case was proved by Pickwick’s own friends. As we know, however, the firm took no steps to obtain satisfaction, but there cannot be the slightest doubt that they would have “recovered damages.” We doubt if Mr. Pickwick would have gone to the Fleet for the second time rather than pay.