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Ethics

: Legal Ethics Forum

Sir Cyril Smith struck a small blow for freedom

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Telegraph: From Sir Cyril Smith's obit:

In 1985 [Smith] was instrumental in making a small dent in one of the biggest closed shops of all, the Bar. A group of Labour MPs had brought a libel action against him, claiming he had accused them of treachery during the Falklands war. Smith decided to apologise, but discovered he would have to pay a barrister £150 to read his statement to the High Court rather than employ a solicitor at a fraction of the cost. He took the issue to the Court of Appeal, which conceded that the rights of audience rules could be changed by the judges in a particular case.

Legal history was made when Leo Abse MP, both a solicitor and one of the plaintiffs, appeared gowned, but not wigged, to read the statement. Smith pronounced himself pleased to have ?knocked a little sense into the legal profession and bust at least one of its cosy little practices?.

(Here's an explanation of "rights of audience" -- a term that isn't familiar to all US lawyers, because we don't have a two-tiered bar.)

Full post as published by Legal Ethics Forum on September 06, 2010 (boomark / email).

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