Leading counsel, indeed all counsel much engaged in business, necessarily place their time almost altogether at the disposal of their clerks, whose duty it is to keep an exact record of their employer's engagements, and see that no incompatible ones are made for him. Counsel find quite enough to do, in adequately attending to the matters actually put before them by their clerks, without being harassed by adjusting the very troublesome arrangements and appointments, for time a
1
This has been recently the subject of a decision of the Court of Queen's Bench, in the case of Egan v. The Guardians of the Kensington Union, 3 Queen's Bench Reports, p. 935, note (a). The same rule applies to physicians. Veitch v. Russell, ib. 928.
2
Leading counsel, indeed all counsel much engaged in business, necessarily place their time almost altogether at the disposal of their clerks, whose duty it is to keep an exact record of their employer's engagements, and see that no incompatible ones are made for him. Counsel find quite enough to do, in adequately attending to the matters actually put before them by their clerks, without being harassed by adjusting the very troublesome arrangements and appointments, for time and place, where their duties are to be performed or, at all events, doing more than keeping a general superintendence over their arrangements thus made. To all this must be added those innumerable contingencies in the arrangements of the courts, and the course of business, which no one can possibly foresee; and which often derange a whole series of arrangements, however cautiously and prudently made, and render counsel unable, after having carefully mastered their cases, to attend at the trial or argument.
3
The clerk of a barrister has a fee on every fee of his employer, in a long-settled proportion of 2s. 6d. on all fees under five guineas; from, and inclusive of five guineas, up to ten guineas, 5s.; from ten guineas, 10s., and so on for higher fees.
5
Adapted from Edmund Burke.
6
Sir Walter Raleigh —History of the World, last paragraph.