A Philadelphia Lawyer in the London Courts
Edition facts
Thomas Leaming, a Philadelphia lawyer, turns his trained eye on the English legal system in this illustrated volume, originally an address to the Pennsylvania State Bar Association. Rather than a dry treatise, the book offers a visitor's detailed observations of the barristers, judges, and solicitors who populate London's courts. Leaming notes that English barristers form a limited, aristocratic corps of fewer than 800 who monopolize litigation, while solicitors handle client contact—a division as stark as that between physician and apothecary. The author's outsider perspective highlights peculiarities that insiders might overlook, from the use of ship models in Admiralty trials to the rarity of objections during testimony.
The Barrister's Detachment
Leaming emphasizes that English barristers have no direct contact with litigants; their clients are solicitors. A cause, he writes, becomes "an abstract proposition to be scientifically presented." This detachment is evident during trials: when unexpected situations arise, barristers often show "a lack of familiarity with the circumstances" and must consult the solicitor. The author contrasts this with American practice, where lawyers know their clients personally. The barrister's role is purely forensic, focused on argument rather than client relations.
The Judge as Active Participant
Leaming observes that English judges take a larger part in trials than their American counterparts. An American lawyer says "I tried a case before Judge So-and-so," while an English barrister says "I conducted a case which Lord So-and-so tried." The judge restrains counsel, examines witnesses, and openly guides the jury—yet leaves crucial questions of fact to the jury's unfettered decision. This active role, Leaming suggests, explains the tolerance for leading questions and even hearsay evidence, as both sides rely on the judge to correct any prejudice.
Laxity in Evidence and the Role of Surprise
Leaming notes that objections to questions are rare in English courts. The official explanation—that barristers know the rules too well to ask improper questions—he finds unsatisfactory. Instead, he observes "great laxity" in what constitutes a proper question. Leading questions pass unnoticed, and hearsay occasionally appears. He speculates that the absence of surprise in trials (since facts are known beforehand) makes counsel more tolerant. The real safeguard, he concludes, is the judge's influence, which can eliminate wrongly introduced evidence from the jury's minds.
Models and Maritime Expertise
Leaming devotes particular attention to the Admiralty Court, which he considers the world's best, reflecting England's maritime dominance. In collision cases, small models of steamers and sailing vessels, along with arrows for winds and tides, are pinned to a cork-topped table and shifted as the trial progresses. Such models are also used in land condemnation, nuisance, and accident cases—sometimes many square feet in size. The author admires the "beautifully conducted" trials and the participants' familiarity with the sea, noting that this specialized bar excels in its domain.
Leaming's account is neither a comprehensive guide nor a comparative judgment, but a series of sharp observations from a knowledgeable outsider. Readers interested in legal procedure, professional culture, or Anglo-American differences will find his specific, anecdotal evidence more illuminating than any abstract summary. The book rewards those who read it as a field report rather than a textbook.