I do not know why the Bar has always seemed the most respectable of the professions, a profession which the hero of almost any novel could adopt without losing caste. But so it is. A schoolmaster can be referred to contemptuously as an usher; a doctor is regarded humorously as a licensed murderer; a solicitor is always retiring to gaol for making away with trust funds, and, in any case, is merely an attorney; while a civil servant sleeps from ten to four every day, and is only waked up at sixty in order to be given a pension. But there is no humorous comment to be made upon the barrister--unless it is to call him "my learned friend." He has much more right than the actor to claim to be a member of the profession. I don't know why. Perhaps it is because he walks about the Temple in a top-hat.
So many of one's acquaintances at some time or other have "eaten dinners" that one hardly dares to say anything against the profession. Besides, one never knows when one may not want to be defended. However, I shall take the risk, and put the barrister in the dock. "Gentlemen of the jury, observe this well-dressed gentleman before you. What shall we say about him?"
Let us begin by asking ourselves what we expect from a profession. In the first place, certainly, we expect a living, but I think we want something more than that. If we were offered a thousand a year to walk from Charing Cross to Barnet every day, reasons of poverty might compel us to accept the offer, but we should hardly be proud of our new profession. We should prefer to earn a thousand a year by doing some more useful work. Indeed, to a man of any fine feeling the profession of Barnet walking would only be tolerable if he could persuade himself that by his exertions he was helping to revive the neglected art of pedestrianism, or to make more popular the neglected beauties of Barnet; if he could hope that, after his three- hundredth journey, inquisitive people would begin to follow him, wondering what he was after, and so come suddenly upon the old Norman church at the cross-roads, or, if they missed this, at any rate upon a much better appetite for their dinner. That is to say, he would have to persuade himself that he was walking, not only for himself, but also for the community.
It seems to me, then, that a profession is a noble or an ignoble one, according as it offers or denies to him who practises it the opportunity of working for some other end than his own advancement. A doctor collects fees from his patients, but he is aiming at something more than pounds, shillings, and pence; he is out to put an end to suffering. A schoolmaster earns a living by teaching, but he does not feel that he is fighting only for himself; he is a crusader on behalf of education. The artist, whatever his medium, is giving a message to the world, expressing the truth as he sees it; for his own profit, perhaps, but not for that alone. All these and a thousand other ways of living have something of nobility in them. We enter them full of high resolves. We tell ourselves that we will follow the light as it has been revealed to us; that our ideals shall never be lowered; that we will refuse to sacrifice our principles to our interests. We fail, of course. The painter finds that "Mother's Darling" brings in the stuff, and he turns out Mother's Darlings mechanically. The doctor neglects research and cultivates instead a bedside manner. The schoolmaster drops all his theories of education and conforms hastily to those of his employers. We fail, but it is not because the profession is an ignoble one; we had our chances. Indeed, the light is still there for those who look. It beckons to us.
Now what of the Bar? Is the barrister after anything other than his own advancement? He follows what gleam? What are his ideals? Never mind whether he fails more often or less often than others to attain them; I am not bothering about that. I only want to know what it is that he is after. In the quiet hours when we are alone with ourselves and there is nobody to tell us what fine fellows we are, we come sometimes upon a weak moment in which we wonder, not how much money we are earning, nor how famous we are becoming, but what good we are doing. If a barrister ever has such a moment, what is his consolation? It can only be that he is helping Justice to be administered. If he is to be proud of his profession, and in that lonely moment tolerant of himself, he must feel that he is taking a noble part in the vindication of legal right, the punishment of legal wrong. But he must do more than this. Just as the doctor, with increased knowledge and experience, becomes a better fighter against disease, advancing himself, no doubt, but advancing also medical science; just as the schoolmaster, having learnt new and better ways of teaching, can now give a better education to his boys, increasing thereby the sum of knowledge; so the barrister must be able to tell himself that the more expert he becomes as an advocate, the better will he be able to help in the administration of this Justice which is his ideal.
Can he tell himself this? I do not see how he can. His increased expertness will be of increased service to himself, of increased service to his clients, but no ideal will be the better served by reason of it. Let us take a case--Smith v. Jones. Counsel is briefed for Smith. After examining the case he tells himself in effect this: "As far as I can see, the Law is all on the other side. Luckily, however, sentiment is on our side. Given an impressionable jury, there's just a chance that we might pull it off. It's worth trying." He tries, and if he is sufficiently expert he pulls it off. A triumph for himself, but what has happened to the ideal? Did he even think, "Of course I'm bound to do the best for my client, but he's in the wrong, and I hope we lose?" I imagine not. The whole teaching of the Bar is that he must not bother about justice, but only about his own victory. What ultimately, then, is he after? What does the Bar offer its devotees--beyond material success?
I asked just now what were a barrister's ideals. Suppose we ask instead, What is the ideal barrister? If one spoke loosely of an ideal doctor, one would not necessarily mean a titled gentleman in Harley Street. An ideal schoolmaster is not synonymous with the Headmaster of Eton or the owner of the most profitable preparatory school. But can there be an ideal barrister other than a successful barrister? The eager young writer, just beginning a literary career, might fix his eyes upon Francis Thompson rather than upon Sir Hall Caine; the eager young clergyman might dream dreams over the Life of Father Damien more often than over the Life of the Archbishop of Canterbury; but to what star can the eager young barrister hitch his wagon, save to the star of material success? If he does not see himself as Sir Edward Carson, it is only because he thinks that perhaps after all Sir John Simon's manner is the more effective.
There may be other answers to the questions I have asked than the answers I have given, but it is no answer to ask me how the law can be administered without barristers. I do not know; nor do I know how the roads can be swept without getting somebody to sweep them. But that would not disqualify me from saying that road- sweeping was an unattractive profession. So also I am entitled to my opinion about the Bar, which is this. That because it offers material victories only and never spiritual ones, that because there can be no standard by which its disciples are judged save the earthly standard, that because there is no place within its ranks for the altruist or the idealist--for these reasons the Bar is not one of the noble professions.
