About the Settlement. The Cost of Law.
The Plaintiff’s Explanations.
On last Saturday week we announced that the actions arising out of the loss of the steamer Alert, near Cape Schanck, some years ago, had at length been settled. The plaintiffs were Mr. Robert Ponting, sole survivor of the wreck, and Mrs. Kilpatrick, widow of one of the engineers. The terms of the settlement were stated to be the payment of sums of £400 to Mrs. Kilpatrick, and £135 to Mr. Ponting, “clear of all legal expenses.” We now find that, though this statement was technically correct, it did not correctly set out the exact result to the plaintiffs. Mr. Ponting writes to us as follows:—
“Sir,—In your issue of last Saturday (May 22nd) there appears a statement setting forth that, when the settlement of the above cases took place, Mrs. Kilpatrick received £400 and Mr. R. Ponting £135, clear of legal expenses.’ This is not correct, and I hope you will kindly grant me space enough to put the real facts of the case before the public. During the process of my law case I paid over to my solicitor and others the sum of £75. This amount, deducted from £135, leaves me with a balance of £60, out of which I am called upon to pay various sums to witnesses left unpaid by the lawyers. With regard to Mrs. Kilpatrick—who, I believe, paid in to her solicitors upwards of £200—she is left with the balance of less than £200, and, like myself, is called upon to pay various witnesses out of it. When we were asked our terms of settlement, Mrs. Kilpatrick and I agreed—and signed documents to that effect—that we would accept £400 and £135 respectively, clear of all legal expenses. Summed up, the whole affair stands thus:—Defendants’ solicitors paid over to ours £1335. This, added to the sum £275, paid in by us (Mrs. Kilpatrick and myself), makes up a total of £1610. Out of the latter amount £535 were paid back to us, and the balance, £1075, went amongst the lawyers. I am not grumbling at the distribution. On the contrary, I feel grateful for the assistance rendered to me. At the same time I think it only fair that, in the eyes of the public, I should not be credited with more money than I really got.
“I am, etc.,
“ROBERT PONTING.
“Barry Street, Carlton,
“May 29th, 1897.”
On inquiry at the office of Mr. Ebsworth, solicitor, who acted for Mr. Ponting throughout the protracted litigation, and for Mrs. Kilpatrick during the recent portion of it, we learn that the figures, as stated by Mr. Ponting, are, approximately correct. It is true that during the course of the proceedings Mr. Ponting had to find about £75 to meet current cost, and that Mrs. Kilpatrick was, during the three years’ litigation, called upon to pay about £200. These sums may be taken as representing the difference in costs between solicitors and client and the taxed costs; and considering the protracted nature of the proceedings, the sums mentioned will be considered very reasonable in the present state of the rules of the Supreme Court regarding costs. That the lawyers received £1075 will not be regarded as surprising, when it is remembered that there were several trials and appeals, extending over three years; and that there were numerous witnesses to be paid out of that sum, in addition to the witnesses’ fees remaining to be paid when the settlement took place. Counsel’s fees would also swallow up a considerable amount. Taken altogether, the case is one that well illustrates the present cost of litigation, and might be advantageously taken into consideration as an object-lesson by the Law Commission when it enters upon its investigations.
And now this strange, eventful history must be brought to a close. I have endeavoured, from first to last, to adhere to proved facts, irrespective of the opinions of friends or foes. Life is, after all, a mixture of sweets and sours, and we have to take these as they come in the shape of praise or blame, as the case may be. No matter what line of writing a man may adopt, it is quite impossible for him to please everybody. This being so, the proper plan, in my estimation, is to carry out Ovid’s advice:—
“In a familiar style your thoughts convey,
And write such things as, present, you would say.”