HC Deb 08 March 1864 vol 173 cc1654-5
COLONEL WILSON PATTEN

said, he had received a communication from Mr. Hope Scott, in reference to the statement made a few evenings since by the right hon. Gentleman the President of the Board of Trade, that in future any Counsel appearing before Private Bill Committees might do so for a sum not less than fifteen guineas, correcting that statement, and informing him that for the future the sum required to be paid to Parliamentary Counsel need not exceed ten guineas. He, therefore, desired to ask the right hon. Gentleman, Whether he has received any communication to a similar effect?

MR. MILNER GIBSON

Sir, I have received no such communication. On the former evening I read a document which was put into my hands by an influential Member of the Parliamentary Bar, and which, I believe, contained the understanding arrived at by that body. The evidence we received upon the subject, before the Committee of last year, was—That no Parliamentary Counsel was permitted by professional etiquette to take less for the first day than five guineas for a retainer, ten guineas on his brief, ten guineas for his attendance, and five guineas for a consultation. That was what we were informed by the evidence of those who paid the fees, and those who received them. We were also told that the practice was, that, on days after the first, no less than ten guineas for each day should be received as a refresher, and five guineas for a consultation fee; and we certainly were led to understand that the consultation was a matter of course, and that whether it was thought necessary or not by the parties, the fee was generally paid. The document which I received stated that a considerable change had been made by the Parliamentary Bar in the practice, and that they had consented, by a general understanding amongst the leaders, that in future there might be a smaller refresher, or no refresher at all, according as the parties and the Counsel might agree. There was to be no minimum in the case. With regard to the consultation fee it was never to be paid, unless the parties considered" the consultation necessary; and its amount was to be settled between the client and the barrister. I was also told that no change was to he made in the brief fee, and that no less than five guineas was to be taken for a retainer. I therefore stated that no Counsel could enter a Committee-room for less than fifteen guineas. My hon. Friend, however, informs us, on the authority of Mr. Hope Scott, that in future a sum of ten guineas may be taken—that is, five guineas for the retainer and five guineas for the brief fee; that anything over ten guineas would be a matter to be settled between the clients and the barrister. That, no doubt, is a considerable change, and a very considerable relief to suitors. But, although it is a considerable reduction, and a handsome concession on the part of the Bar, I should not be discharging my duty if I did not state that the feeling of suitors and of all those with whom I was in communication on the subject was, that the Parliamentary Bar should be regulated by the same rules as to fees as prevail in the ordinary Courts of Law and Equity.