INNER TEMPLE HALL.
The Parliamentary Bar, probably the most lucrative branch of the profession, is engaged in Private Bill business before Parliamentary Committees. A popular Parliamentary Q.C. will make as much as £20,000 a year, and sometimes even those figures are exceeded. The leading "silks" have always a great number of cases going on at the same time before Committees of the Lords and Commons, and they spend their day in walking from one committee-room to another, opening a case here, replying on a case there, and cross-examining witnesses whose evidence-in-chief they have never heard. This perambulatory practice led to such abuse that in 1861 the committees decided not to allow a barrister to cross-examine who had not been present during the whole of the examination-in-chief, and recently Mr. Hanbury has endeavoured to enforce this rule. No doubt it is, generally speaking, a wholesome regulation, for the reiteration by successive counsel of the same questions leads to an inordinate waste of public time and money. It ought, however, to be enforced with moderation, for it by no means follows that a counsel who has not heard the examination-in-chief is the less able to cross-examine effectively. One of the objects of cross-examination, it should be understood, is to elicit fresh facts, and in that respect it is not necessarily dependent upon evidence-in-chief.
Undoubtedly cross-examination is one of the most difficult as well as one of the most important of a counsel's duties, and a barrister who makes his mark in this particular function is pretty certain to be in general request. It is no less important to know what questions to put than what to refrain from asking. Many counsel are too apt to imagine that by browbeating a witness, and overwhelming him with a multitude of questions, they are conducting their cross-examination effectively. Baron Alderson once withered up an advocate of this character by remarking: "Mr. So-and-so, you seem to think that the art of cross-examination is to examine crossly."
The Parliamentary Bar certainly numbers within its ranks several highly-talented counsel, not the least eminent of whom are Mr. Pope, Mr. Bidder, Mr. Littler, and Mr. Pembroke-Stephens, of whom we give portraits. We have already referred to the great incomes that are made in this department of the Bar, and when it is remembered that the work is limited to the time during which Parliament is sitting, it becomes apparent that the fees paid to leading counsel must be enormous. Indeed, the fees marked on their briefs often amount to hundreds of guineas, and the junior gets a sum equal to two-thirds of the amount paid to the leader, except in cases where the latter receives a special fee. And, added to this, both receive a refresher of fifteen guineas a day. Surely such payment is excessive.
MR. LITTLER. MR. PEMBROKE-STEPHENS. MR. BIDDER. MR. POPE.
In one very essential particular the members of the Equity Bar differ in their customs from other branches of their profession. Practising before the five Chancery judges and the Chancery Court of Appeal, the leaders of the Equity Bar attach themselves to particular Courts, and invariably decline to leave their own favourite sphere of operations to appear in another Court without a special fee. The result of this arrangement is that litigants employing eminent counsel in Chancery cases can be almost certain of their attendance throughout. However heavy may be the fees paid to counsel of the Equity Bar, it can at least be said that they generally give full value for their money—a gratifying compliment that can hardly be extended to other branches of the profession. But satisfactory as the system may seem to be from the client's point of view, experience shows that it is not without its serious disadvantages. The continuous contact of particular counsel with particular judges is varying in its effects. In some cases it leads to an undue influence on the part of the counsel over the judges, while in others the judges use their power to such an overbearing extent that even eminent Queen's counsel are sometimes subjected to a degree of abasement that is painful to witness. The demeanour of one or two of the Equity judges is, in fact, characterised by an absurd pomposity, and, however great their abilities, they are not so high-minded as to disdain the petty delight of trying to humiliate the leaders of the Bar. There have been several instances of a judge taking a personal dislike to a counsel, and by making him feel it on every possible occasion, practically dismissing him from the Court. Thus it will be recognised that the system gives judges too much power over members of the Bar.
There are always two favourite "silks" in each Court, who practically divide the work between them. The special fees that we have already referred to are, however, frequently obtained by eminent Queen's counsel. The greatest advocates of the Equity Bar—like Sir Horace Davey or Mr. Rigby—do not attach themselves to any Court, and will not, in fact, appear in Court at all without a special fee. The incomes made by some of the most eminent Equity counsel are prodigious. Lord Selborne, when Sir Roundell Palmer, is said to have made over £30,000 a year; and rumour has it that neither Sir Horace Davey nor Mr. Rigby are earning much less than that amount.
Although, as a rule, the members of the Equity Bar do not shine in public life, it has nevertheless associated with it several distinguished names, such as those of Westbury, Cairns, and Selborne, all of whom found in the Chancery Courts the stepping-stone to fame.