D
Alumni Reflections
Defence of
the Legal
Profession
In
Adam Farhadian Griffiths
defends the legal profession from a
graduate perspective.
octors are known for two things: terrible handwriting and almost universal
hypochondria. The former is timelessly inexplicable but I suspect the latter
is a result of the unique position physicians hold: spending every day looking at,
reading about and generally being exposed to illness.
Lawyers, on the other hand, have remained – at least in this jurisdiction –
without universal reputation. Before we succumb to the American branding perceptions of greed, ruthlessness and a lack of scruples, I propose, in this short
monograph, to assign a reputation to the British lawyer.
Just as the doctor is exposed to illness, lawyers are exposed to legal problems.
Just as the doctor constantly fears for his own health, so the lawyer fears for his
legal status. In consequence, lawyers – at least in this jurisdiction – are some of
the most careful, trustworthy and honest members of British society. These are
attributes the profession must strive hard to maintain in this period of uncertainty,
lest we all gain the standing of Norman Barry Cass in Lipkin Gorman.
Macclesfield and the Kings
The once eminent lawyer Lord Macclesfield could sadly be described as a
villain. After considerable service to King George I (including the writing and delivery of the King’s speech, owing to King George’s linguistic inadequacies) he became the King’s most trusted advisor and as such was appointed Lord Chancellor.
Having taken his seat next to the King, Macclesfield LC pursued a less legitimate
course of action: extracting every last penny he could from the courts’ and the
Lord Chancellor’s coffers, amassing in the region of £10,000,000 by today’s standards. The inevitable gambling addiction and general good time had by Macclesfield
LC was met by impeachment and trial in the House of Lords, followed swiftly after
by imprisonment in the Tower of London.
The above neatly demonstrates the contempt with which legal peers (in both
senses of the word) judge each others’ conduct but perhaps still more fascinating
is the reaction of the successive Lord Chancellor: Peter King. On coming to office,
King LC sacked the corrupt junior members of the Chancellor’s office and set
about showing not only the transparent justice which the courts of equity could
achieve, but the application of transparency, care, trust and honesty to the law.
Keech v Sandford is the most prominent example of King LC’s reformed legal
profession applying its rigorous standards and penchant for fidelity to the legal
problems of others. The lessons learned from the moral ailments of Macclesfield
LC shaped the modern legal system while allowing the profession to reflect on its
former illness and prescribe a medicine fit for the rest of society.
Learning from the Mistakes of Others
Notwithstanding the benefit of looking inwards at the ills of the profession
for guidance, just as the doctor has his patients, the lawyer has his clients; healthy
people rarely have cause to visit a physician and by the same token it is not until
faced with a legal problem that an individual visits a lawyer. This keeps the lawyer’s
senses trained on pot