HL Deb 24 February 1865 vol 177 cc634-5
THE LORD CHANCELLOR,

in presenting a Bill to amend the Law relating to Attorneys and Solicitors, said: My, Lords, the present principle of remunerating attorneys and solicitors is one which requiries amendment, and is one of the instances of the old and absurd practice of the law interfering to regulate the rights of labour and of determining the manner in which the person employed shall be remunerated. According to the present system, when an attorney is employed by a client his remuneration is governed by certain fixed rules, from which it is impossible for either party to depart. For instance, supposing a solicitor be employed to collect and distribute the assets of a debtor among his creditors on the terms of receiving one-sixth of the sums so distributed as his remuneration, such a contract would not be legal, and could not be enforced between the parties. Another objection to the present system is that the charges are based on a most mischievous scale. Take, for example, a deed. The remuneration for preparing a deed is regulated by the quantity of writing required; so that, instead of being remunerated according to the skill, care, time, and labour expended in drawing it, the solicitor is paid by the yard. In proportion to the number of words used so is the remuneration. The practice is most mischievous, as it leads to a great deal of that verbosity and tautology which characterizes legal documents. The consequence of the practice is to throw a great opprobrium on a numerous and honourable body of practitioners. The Bill proposes to deal with these defects by a very simple remedy—namely, by allowing the attorney and his client to enter into a contract specifying the remuneration to be given for the work to be performed. Of course the Bill is one which, requires to be looked at with care and attention, and I feel assured that I shall have the assistance of your Lordships, and more especially of my noble and learned Friends, in my endeavour to accomplish this great object. It is singular that until I brought forward my Bill last Session no attempt should have been made to remedy the acknowledged and admitted defects I have referred to.

Bill to amend the Law relating to Attorneys and Solicitors—presented, and read la.—(The Lord Chancellor) (No. 15.)