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Germany of that dreadful the tongue without the help of eighteenth century were the the pistol. A reluctance to rich so gay or the poor so shoot then raised oontempt for gaunt,

Never anywhere did the ablest, even among the best, the gentry soatter so profusely of men, When a certain disthe plenty of a starving land, tinguished counsel refused a

The Irish Parliament had, challenge on the ground that during the earlier part of the his mother, wife, and daughter century, been

negligible were dependent upon him, this quantity in the State. In the is how the gentle and kindly last quarter of it the Ulster Bashe, afterwards Lord ChiefVolanteers and Grattan be- Justice, thought proper to tween them gave it power celebrate the event which it was never fitted to

“Our hero of Erin, abhorrent of possess. That


slaughter, Government of the day had to Improves on the Scripture comsonoiliate, and it did so by mandgiving the members innumer. He honours his mother, his wife, and

his daughter, able places and pensions. Thus the road to preferment lay

That his days may be long in the

land." through Parliament, and every man who sought to gain promo

A man who refused a obaltion, or to pillage by means of lenge was said to be “put an undeserved pension the rev. down” by his opponent-that enues of the country when he is, so degraded as not to be had by his own extravaganoe entitled to publio consideracoased to be able to pillage the tion-and there were not peasants, sought a seat in it. few young barristers who The only way in which a poor made it their business to win man, and the best way in which success by "putting down any man,eould seoure a seat was persons who had become obby way of the Bar. Success at noxious to the Government, the Bár ensured the successful or shooting them if they decouncillor not merely a seat, clined to be put down. Of but also a reputation, in the this brigade of pistoleers the House of Commons, and often, most notorious was Toller, as a consequence, in the House afterward Lord Norbury and of Lords.

Lord Chief Justice of the Success at the Bar oould be Common Pleag. It was said secured only by one of two in- truly enough of him that he struments—the pistol or the shot up to the Bench. Even tongue. There was this differ- after he had reached that ence between these implements, elevation his reliance on the that success was always obtain: steadiness of his hand and able by the ready use of the heart is to

of this pistol without the help of the day sufficiently amazing. His tongue, but very seldom ob- knowledge of law was very tainable by the ready use of limited, and therefore he hated


appeals from his decisions; Even the greatest men at so more than once when an the Bar were far from being imprudent counsel showed an what would now be considered undue tendenoy to test their deeply learned. Plunkett, for soundness in the court above, instance, was in intellect imhis lordship would caution measurably above the ordinary the unbeliever that he was lawyer of the present day; not inclined to sink the gentle- but his reported decisions man in the judge, and if the make one doubt whether in counsel persisted in his line learning he was not a little of conduct his lordship was below him. The reason, of ready to settle their differences course, was that all barristers of opinion in another place had in the end to look for than the Court of Appeal. promotion not to their success

Readiness of the tongue, at the Bar, but to their subthough not absolutely neces- 0988 in Parliament; and for sary to the young barrister sucoess there, eloquence, wit, who had sufficient readiness and sarcasm were infinitely with the pistol, was still a more effeotive than a knowmost valuable quality to him. ledge, however profound, of It is therefore not strange Coke on Littleton or of the to find it developed amongst Reports. members of the Bar in both With the Union all this its highest and lowest forms. began to change. Power and With

of genius like preferment passed from the Curran, Plunkett, Bushe, and corrupt Parliament of Dublin half a dozen more, it took the to the, at any rate, less corform of the noblest eloquence, rupt Parliament of London. the most pleasant wit, and The Government no longer the most pungent saroasm. wanted its henomen to "put With the rabble of the Bar down” its opponents by chalit took the form of little but lenges, and even began to ingult, noise, and vulgarity; appoint some barristers to in fact, instead of “putting judgeships because they know down” their opponents as the the law, and these judges fire-eaters did, they shouted would not let counsel win them down. A remark made cases by shouting down their by the aforesaid Lord Norbury opponents.

Politics still had shows the way business was a great deal too much to do oonducted before him. Coun- with promotion to the Bench, sel asked a witness how he but that was so in England made his living. “I keep a as well as Ireland, and had raoket court,” replied the wit- not prevented learning being ness. “So do I,” observed his more or less a condition prelordship grimly.

oedent to promotion. Gradu. The one thing which was ally the same rule prevailed absolutely useless to a lawyer also in Ireland, until for years wag a knowledge of the law. past there has been little dif


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ference in this respect between the specialist is at a disadvanthe Benches and Bars of the tage as compared with the two countries.

general praotitioner. ThereThere is, however, still one fore it is not surprising to find marked difference between the that most oases are dealt with nature of the learning of the at least as well in Ireland as Bench and Bar of Ireland and in England. And sometimes that of the Benoh and Bar of of late, where the decisions of England. The law in England the courts in England and Ireis a specialised profession. A land have differed, the Courts man on his oall has to choose of Appeal here have shown an which of at least a dozen kinds inclination to adopt the Irish of practice he will seek; and decisions. I may mention as the more strictly he stioks instances of this the recent to the partioalar kind he has cases of In re Sampson ([1906] chosen, the more certain and 2 Ch., 584), and Hewson v. the more rapid is his success. Shelley ([1914] 2 Ch., 13). In Ireland there is practioally Bourne v. Keane ([1919] 35 no specialisation. The man T.L.R., 560), though it accomnewly called has to seek anymodated the law in England kind of work he can get. The with the law in Ireland, field is too small to allow of cannot be said to follow the any subdivision of labour in Irish decisions, since the Aot its cultivation. After a time, of Parliament which gave most no doubt, most successful men diffioulty in it did not apply get a special repatation in to Ireland. some partioular kind of prao- This is the chief difference tice, but every man must in between the Bench and Bar his time have dealt with all of Ireland and the Bench and kinds of praotice in order to Bar of England; but as bebeoome successful.

tween the Bars only there are Specialisation has its advan- several others as important. tages and its disadvantages in In the first place, every barrilaw, as in everything else. Aster in England who purports man who studies exolusively a to practise must have chambers, small part of a great subjeot where he meets his olients and mast master that part more where he does his work which completely than he could by is not done in court. the same effort master it all. know, each of the four Inns It is not, therefore, surprising of Court has from time im. to find that cases arising on memorial had hundreds of sets some branohes of law-ouch of rooms attached to it in which more especially as the law of its members formerly lived, and shipping, mereantile contracts, in whioh they still work. In companies—are as a rule better Ireland barristers have no dealt with in England than in chambers; King's Inn is but Ireland. Bat most cases arise & dining-ball, a library, and a on the general law, and here sohool for law students. BarVOL COVII.—NO. MCCLI.


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risters are supposed to do their with the work are always about out-of-court work at their him in the Library to whom he homes; and in income tax

income - tax can apply for help, which is returns & share of the rent is never refused. deducted as expenditure neces- The chief disadvantage is sary to the earning of their that such a place conduces inoomes. And most of the more to gossip than to hard leaders do use their homes for work. Moreover, the ease with the purpose of conferences and which difficulties can be overconsultations, and all barristers come without study makes some keep their law books there. men rely on 80 overooming But for the vast bulk of the them; and so what at the Bar the place where all the beginning is a great help beout-of-court work is done is comes in the end a great the Library of the Four Courts. hindranoe. If many an Irish To each barrister a particular barrister long in practice is not seat is allotted, and there he & sound lawyer, he has often to reads his briefs and drafts his thank for that the assistance pleadings. If a solicitor comes which at first enabled him to to consult him, the Library do his work without learning attendant summons him from bis law. the seat, and in one of the In England nearly every adjacent rooms the two lawyers aspirant to the Bar who seeks discuss the business on hand. work there after he has passed

This practice has, like special. his final examination reads for isation, its advantages and its a time in chambers—that means disadvantages. Its advantages before trying to practise himare enjoyed principally by the self he enters the chambers of younger men. In the first a barrister in practice and

& place it saves them the expense there studies how the law which of chambers and a olerk. In he has learnt from books and the next, it introduces them leotures is practically applied. rapidly to an acquaintance In Ireland, as I have said, with the other and more ex- there are no chambers; and perienced members of their there is little to correspond profession. They meet together with reading in chambers. The daily there as in a very sooial instruotion which the English club; visit the courts below student gets in chambers the from time to time, and disous8 average Irish student gets, so the cases going on there much far as he gets it at all, in in the way English barristers the Library of the Four Courts. do at mess on circuit, but have It is not strange then to find little opportunity of doing in that in Ireland the drafting town. And when work comes of pleadings, conveyanoes, and to a young man, he is not left other documents is not always to find his own way out of the so artistio and the observation difficulties arising from inex. of rules of pleading not always perience; friends aoquainted so striot as these are in Eng


land—though in this respect to the universal inclination to there is not now so marked have looal cases tried looally ; & difference as there once but it is also due to the appeals was.

from county courts. In EngAt King's Inn, Dablin, as at land a party to a oounty court the Inns of Court, London, action can appeal only on a lectures are delivered each term point of law; and then the for the instruotion of the Bar appeal is heard by a divisional students ; but there is this court sitting in London. In difference. In Dublin attend- Ireland he oan appeal not only ance at the leotures is oom- on the law but on the faots : pulsory, while in London it is and the appeal, which is pracoptional Formerly another tioally a rehearing, is to the difference in the students' Assizes, Suoh appeals often education is that in Dublin, outnumber the ordinary civil but not in London, & part actions. An inoapable oounty of the lecturers' duties was court judge is quite a godsend to see that the students re- to the barristers on the circuit ported & certain number of in which he operates, wbile a cases whioh had been heard capable one is the reverse. in the courts during the term. Some time ago the county This reporting of cases par- court judge, now deceased, of tially sapplied the absence of the greatest court of the kind reading in chambers; and if in Ireland, did his work so carefully done by the student satisfactorily that appeals from and carefully revised by the leo his decisions threatened to beturer, could not but be a good come unknown. The juniors preliminary to actual praotice of the circuit, in desperation, in coart. Formerly it was al. inveigled him to a mess dinner most a custom among young under the pretence of doing English barristers to begin the honour to his renown; and, work of their profession by when they had him there, they reporting for a year or two. proceeded to try him on a I cannot but regret that the charge of attempting to ruin practice of students in Ire- his old profession by depriving land and young barristers in its members of the means of England reporting cases has subsistence. He was found now become obsolete.

guilty, and detained in eustody The tendenoy of civil busi- until he apologised to the Bar ness in the south of England and swore on a copy of Blaokto drift to London, and the stone that he would not repeat growth of local Bars in the the offence. great cities of the north, The incomes made by leading threaten the English birouit barristers in England are popusystem with extinotion. In larly immensely exaggerated; Ireland the oirouit is the best but still some of them are five working part of the machinery or six times greater than any of justice. This is partly due income that it is possible for

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