BUSINESS AND FEES
INFLUENTIAL FRIENDS OF BARRISTER—JUNIOR'S AND LEADER'S BRIEF FEES—FEES OF COMMON LAW AND CHANCERY BARRISTERS—BARRISTER PARTNERSHIPS NOT ALLOWED—ENGLISH LITIGATION LESS IMPORTANT THAN AMERICAN—CLERKS OF BARRISTERS AND SOLICITORS HAGGLE OVER FEES—SOLICITORS' FEES.
An American lawyer will be curious concerning two things, about which he will get little reliable information, viz., how legal business comes and what are its rewards.
The barrister supplements his reading, sometimes by practical service for a short time in a solicitor's office and nearly always by the deviling before described, and thus, in theory—and according to the traditions of the Bar—may pass years awaiting recognition. Finally, briefs begin to arrive which are received by his clerk with the accompanying fee, in gold, as to which the barrister is presumed to be quite oblivious. This, however, is not always the experience of the modern barrister, who may have some relative occupying the position of chairman of a railway, or of a large City company, the solicitors of which will be apt to think of this particular man when retaining counsel. In such fashion and other ways, while he can not receive business directly from an influential friend or relative, but only through the medium of a solicitor, yet such connections are often definitely felt in giving the young barrister a start. His eventual success, however, as in every other career, depends upon how well he avails himself of his opportunities.
When briefed as a junior, without a leader, in a small action, his fee may be "3 & 1," meaning three guineas for the trial and one guinea for the "conference" with the solicitor. When briefed with a leader, however, his fee, which is always endorsed on the brief, may read:
| "Mr. J. Jones . . . . | 35 guineas |
| 1 guinea | |
| 36 guineas | |
| "With you Sir J. Black, K. C." |
The leader's brief will be endorsed:
| "Sir J. Black, K. C. . . . . | 50 guineas |
| 2 guineas | |
| 52 guineas | |
| "With you Mr. J. Jones" |
The fee is not always sent by the solicitor with the brief, but a running account, with settlements at intervals, is not uncommon. Contingent fees are absolutely prohibited, the barrister gets his compensation, or is credited with it, irrespective of the result.
All speculation as to professional earnings of a barrister must be vague, for there can be little accurate knowledge on such a subject. Chancery men seem to earn much less than common law barristers and their business is of a quieter and less conspicuous character. At the fireside in chambers in Lincoln's Inn, if the conversation drifts to fees, one may hear a discussion as to how many earn £2,000, and a doubt is expressed whether more than three men average £5,000, but the gossips will add that they do not really know the facts.