Touring Legal London
By Judge Loren McMaster

While planning a recent trip to London, I resolved to spend significant time in "Legal London." Before leaving home, I arranged for invitations to tour and dine in the Great Halls of both The Honourable Society of Gray's Inn and The Honourable Society of Lincoln's Inn. As a member and Judicial Master of the Anthony M. Kennedy Inn of Court, McGeorge School of Law, I was eligible for "privileges" in accordance with the English-American Inns of Court Declaration of Friendship of 1988. All it took was for me to make a request of Don Stumbaugh, Executive Director of the American Inns of Court. He contacted the executives of the Four Inns in London with a letter of introduction and the rest was up to me.

The Royal Courts of Justice.

By way of brief explanation for those readers unfamiliar with the American Inns of Court, the impetus for their establishment was to foster civility, ethics, and professionalism in the legal profession. The late Chief Justice Warren Burger is credited with fostering the Inn movement following a trip to Britain. The Kennedy Inn, like other American Inns, including the Milton Schwartz Inn of Court that meets at UC Davis, brings together on a regular basis judges, very experienced attorneys, attorneys in practice less than ten years, new attorneys, and law students. The group meets monthly to share a meal and a program involving the discussion of ethics, civility and professionalism. Most members are on a team that meets weekly for much of the time to plan and prepare its presentation that it will make to the full Inn. The concept of the Inn is loosely modeled on the English Inns of Court.

The George Tavern across from the Royal Courts.

I contacted the office of the under-treasurer of Gray's Inn and Lincoln's Inn both of whom promptly responded and extended an invitation to visit. The under-treasurer is the chief executive officer of the Inn. Each Inn is governed by "Benchers," consisting of judges and senior barristers. The Benchers are, in effect, the board of directors for the Inn. The Inn elects a treasurer for usually a one-year term. The office of treasurer is equivalent to both president and treasurer, having both the executive and fiscal responsibility. Since the treasurer generally has other things to do, such as discharge his/her duties as a judge, barrister, or Princess (Princess Margaret served a term as treasurer in Lincoln's Inn), it is largely an honorary and ceremonial position. The actual day-to-day running of the Inn is in the hands of an under-treasurer. In all four Inns retired military personnel fill this position, no doubt chosen because of the experience gained and the leadership qualities exhibited while in military service.

The job of under-treasurer is not an insignificant one. For example, the under-treasurer of Gray's Inn is responsible for running a £10 million (£1 = $1.60) enterprise. Among the duties of the position is to lease (and collect the rent) on the Barristers' Chambers and flats maintained by the Inn as well as oversee all other income and expenditures of the enterprise.

Gray's Inn

On Monday, I had arranged to visit Gray's Inn. After confirming by phone, I called on the Under-Treasurer, Major General David Jenkins, C.B., C.B.E., around noon. General Jenkins invited me to his office where he proceeded to give me a brief history of the Inns of Court in general and Gray's Inn in particular. This Inn was named for the person who had originally owned the property upon which the Inn now sits, Sir Reginald de Grey, who among other things was Sheriff of Nottingham.

According to General Jenkins, the Inns of Court came into being after Edward I returned from one of his campaigns against the Scots (see, e.g., "Braveheart") and found that many of London's lawyers had become corrupt in his absence (perhaps the genesis of lawyer jokes). Another story has Edward I discovering corruption in the legal profession when he returned from a four-year absence in France. In any event, regardless where he was, while he was away, the law went awry. His disgust at this situation purportedly led to the founding of the Inns of Court.¹ One of the purposes of an Inn was to provide lodging for lawyers and prospective lawyers where they could eat together and pass on the best of the legal traditions, with an emphasis on ethical and professional conduct. From the modest start under Edward I, the Inns of Court grew to hold a monopoly on admittance to practice as a barrister in the United Kingdom.

General Jenkins mentioned another bit of history concerning the Inn. From around the time of Elizabeth I (16th Century) until mid 17th Century, Gray's Inn was by far the largest - the number of its members was more than double the other three Inns combined. In the 17th Century, the Inn went into a decline (from which by now it has recovered). The reason for the loss of membership can be traced to a historical trial presided over by a member of Gray's Inn - that of Charles I following Oliver Cromwell and the Parliamentarians' victory in the English Civil War. That judge also pronounced the sentence of death. Charles I was subsequently beheaded pursuant to that judge's order. The monarchy was later restored following Cromwell's death with the coronation of Charles I's son, Charles II. Upon taking the throne, Charles II understandably held Gray's Inn and its members in disfavor.

Most American lawyers have some understanding of the two types of lawyers that practice in the U.K. - the barrister and the solicitor. Solicitors are lawyers who do what we call transactional work and provide legal advice to their clients. They draft all corporation, business and real estate documents, and also handle wills, probate, and divorce. They may practice as sole practitioners or in partnership or association with others. Instead of belonging to and being a part of an Inn of Court, solicitors belong to the Law Society.

Barristers, on the other hand, are what we would refer to as litigation and appellate specialists. They try civil and criminal cases in the trial courts and present oral argument in the appellate courts. Unlike solicitors, barristers are required to be sole practitioners; they are prohibited from forming partnerships for the purpose of practicing law. While they are permitted to join together in "Chambers" in order to share overhead expenses, each must practice on his or her own.

If a matter ends up in court, a client will usually have both a solicitor and a barrister. The barrister is generally hired by the solicitor to provide the representation in court. The solicitor may assist in the preparation of pleadings, briefs, and trial preparation, but barristers make all court appearances.

To become a barrister, one must first complete a three-year undergraduate course in law. If one decides on becoming a barrister after completing an undergraduate education in a different subject, then such person will be required to enroll in a one-year "conversion course" in law. The undergraduate legal education and the conversion courses are offered in colleges and universities throughout the country. Upon successful completion of the education requirements and examinations, a budding barrister then applies for membership in one of the four Inns of Court: Gray's Inn, Lincoln's Inn, the Inner Temple, and the Middle Temple. Assuming acceptance by one of the Inns, an applicant at a minimum must complete one year study as a member of the Inn including required attendance at a certain number of dinners where the law is discussed and afterwards, a "moot" or two is undertaken. This is similar to a moot court presentation where the student is engaged in advocating a particular position while being grilled by members of the Inn on the particular subject. In order to remain in good standing in the Inn, members must attend a certain number of these educational dinners and participate in the education of the Inn's students.

Prior to "being called to the bar" by an Inn, an applicant must successfully complete the prescribed number of moots, attend a minimum number of dinners at the Inn and pass the required examinations. After being called to the bar, additional training is required specific to advocacy and ethics. In addition to this specialized training, an applicant must complete a year's pupilage in the chambers of an established barrister before being authorized to begin a legal career. General Jenkins pointed out that there are approximately 1000 potential barristers called to the bar each year, but only openings for 500 to serve their pupilage term. One may either decide to become a solicitor, change professions, or try again the next year. Given this reality, one must be committed to give it his/her all before embarking on a barrister career-path.

While serving the pupilage term, the budding barrister will hope to land a position with a Barrister's Chambers practicing the type of law that he/she aspires to practice. Barristers do specialize in particular areas, such as admiralty, taxation, patents, and the like. The first six months of the pupilage, the neophyte is not permitted to open his/her mouth in court. The second six months, one is gradually allowed to get one's "feet wet" and speak directly to the court.

One of the more important members of the barrister's chambers is the clerk, who handles all financial matters, include those relating to legal fees. The barrister usually does not get personally involved in fee matters. It is my supposition that this practice stems from the prior tradition of a "fee-bag." Based on other reading I have done, it is my understanding that the early barristers had a small bag that hung from the back of the barrister's robe. Instead of directly billing a solicitor for the fee due the barrister, the barrister would simply turn his back and the solicitor would place the fee in the fee bag. Remnants of this tradition exist today. On the back of judicial robes (at least on mine) there is a loop, which according to my supposition, is where the string holding the fee bag was tied. But I digress. . . .

Returning to the discussion of Gray's Inn from this brief detour, General Jenkins was kind enough to give me a tour of the Inn and gardens along with a brief discussion of some of its history. The buildings of the Inn form a rectangular horseshoe around the Gardens. The bottom three floors are leased out to barristers for their chambers (law offices) while the top floor are generally flats (apartments) rented to members of the Inn or their widows or widowers for lodging. Members of other Inns are permitted to lease chambers at Gray's Inn. For example, Cherie Booth (Blair), the wife of U.K. Prime Minister Tony Blair, is a member of Lincoln's Inn but maintains her chambers at Gray's Inn.

Gray's Inn gardens are open to the public and provide a pleasant place to eat one's sack lunch on a nice day. Many people were picnicking in the garden area on the warm and sunny day I visited (very unusual for March). The gardens contain a statute of Sir Francis Bacon, one of the more famous members of the Inn, and who is credited with laying out the gardens. Charles Dickens stayed at the Inn a short time while engaged in legal studies. He grew tired of the law and his frustration is evident in some of his writings. Dickens' house where he lived much of his life is nearby as is the Old Curiosity Shop (located adjacent to Lincoln's Inn Fields), made famous in one of his books.

Gray's Inn also houses a modern library, several large conference rooms, a chapel, and the Great Hall. All of the conference rooms are decorated with paintings of famous persons associated with the Inn, including Royalty, judges, government officials, and barristers.

Each Inn has a chapel. Prior to the middle of the 18th Century, a prospective barrister had to swear allegiance to the Church of England. Hence, Catholics and Jews were excluded from the profession until the 18th century. Women were excluded until the 19th Century. General Jenkins was quick to add that the profession is now open to all with no restrictions, and in the past decade or so, generally an equal number of men and women have been "called to the bar."

The Great Hall at Grays' Inn is where the meals are served and meetings are held. The hall is very impressive with a Tudor-style interior, stained glass windows and dark wood floors and tables. The "Benchers" (judges and senior barristers) dine at one end of the hall on a raised platform. The ceiling appears to be some 40 feet high.

Gray's Inn, including the Great Hall, suffered significant damage from German bombing during War II. The ceiling of the Great Hall was totally destroyed. While the ceiling was rebuilt in the late 1940's, it looks like it was built in the 1600's. I greatly enjoyed my lunch in the Great Hall in the company of General Jenkins and several others who were kind enough to join us. For your own virtual tour of Gray's Inn, log on to their web site.

Lincoln's Inn

Several days later I visited Lincoln's Inn, which presently is the largest of the four Inns in term of membership. It is so named because the first patron of the Inn was Henry de Lacy, the third Earl of Lincoln. I was met at the main gate by James Dewar, assistant under-treasurer of the Inn, and also a veteran of the British military. (A photo of the main gate is on the opening page of the Inn's web site - http://www.lincolnsinn.org.uk/). Mr. Dewar took me to the Great Hall where we had lunch. This hall is just as impressive, if not more so, than the Great Hall at Gray's Inn. There are stained glass windows all around the room. The decorations on many of the windows commemorate the year's service by each of the Inn's Treasurers. The Royal Seal denotes Princess Margaret's term as treasurer.

Following lunch, Mr. Dewar gave me a tour of the Inn. Luckily, Lincoln's Inn suffered relatively minor damage during World War II. Unlike the small chapel in Gray's Inn that is part of a larger building, the chapel in Lincoln's Inn is a separate building and is quite large and impressive. Mr. Dewar told me that mothers would often abandon their young children at Lincoln's Inn, knowing that they would be cared for and receive a good education. These children were frequently given the last name of Lincoln. Mr. Dewar was quick to point out that America's 16th president was not one of them.

Lincoln's Inn Fields is approximately a square block of open space located outside and to the west of the main gate of Lincoln's Inn. It is open to the public during daylight hours. There are additional lawns and gardens inside the main gate that are all immaculately cared for.

Mr. Dewar told me that Tony Blair, the Prime Minister, met his wife, Cherie, at Lincoln's Inn where they were classmates. She was at the top of the class while he was somewhere in the middle. She went on to a very distinguished career as a barrister and achieved the rank of Queen's Counsel ("took the silk" - an entirely different subject). Tony Blair's legal career, on the other hand, was largely undistinguished but he found his success in politics.

The Inn also claims Sir Thomas More was an early member and Bencher. Sir Thomas is a familiar name to all those with even a passing knowledge of English history. His stand on principle in a dispute with Henry VIII cost him his head. Mr. Dewar told me that Sir Thomas' father and grandfather were "stewards" of the Inn - an office equivalent to the current under-treasurer. Sir Thomas More's Chambers (so named to this day) are on the south side of the New Square of the Inn.

Like Gray's Inn, Lincoln's Inn rents space to barristers for their chambers and has flats on the upper stories for full time residents. There are 18 student apartments, the residents of which are all on scholarship. Non-scholarship students do not generally reside at the Inn because the cost would be prohibitive on a student's budget. Mr. Dewar told me that Lincoln's Inn provides approximately £1 million in scholarships each year.

Charles II was a frequent visitor to Lincoln's Inn, since he had many friends who were members. During the English Civil War, Lincoln's Inn was unique in that some of its members supported Charles I. The other Inns sided almost exclusively with Cromwell and the Parliamentarians. A story related to me by Mr. Dewar concerned a visit by Charles II to Lincoln's Inn one night. A group of members of the Inn attended dinner with the King and all proceeded to get quite drunk. When the time came for the Royal toast, the person designated to give it rose to his feet, but promptly fell over. While on the floor, he tugged on the sleeve of the person that was in the next chair and asked him if he could please give the Royal toast, stating "I am simply too drunk to stand." The person declined also noting that he was in the same condition. Charles II overheard the conversation and stated that by his observation, they were all too drunk to stand. The King gave his permission for the Royal toast to be made while sitting. To this day, there are only a few groups in all of the United Kingdom that are permitted to give the Royal toast while sitting. Two such institutions are the Royal Navy (particularly those in the submarine service for obvious reasons) and members of Lincoln's Inn by reason of the personal dispensation of Charles II.²

Walking Through Legal London

Following my tour of Lincoln's Inn, I embarked on my own walking tour of "Legal London." Leaving Lincoln's Inn I walked down Chancery Lane, so named because the Courts of Chancery were located there. I walked by the Law Society Building (the headquarters for solicitors) and on to Fleet Street. Just past the Bank of England pub stand the Royal Courts of Justice. The Bank of England Pub is named for the prior tenant of the building. It has a very ornate interior and is one of the favorite hangouts of judges and barristers. However, the semi-official tavern of the judges and barristers is the George Tavern located directly across Fleet Street from the Royal Court's of Justice. The place teems with lawyers and judges during the lunch hour (usually 1:00 p.m. to 2:00 p.m.)

Civil trials are held in the Royal Courts of Justice. I sat in on a civil matter being tried before the court sitting without a jury. The judges and barristers are similarly attired in robes, white collars, and wigs. One can readily determine the origin of the term "big wigs." Ede and Ravenscroft Ltd. on Chancery Lance has been custom making wigs for judges and barristers for over 300 years.

Old Bailey, more properly known as the Central Criminal Court, is several blocks away from the Royal Courts of Justice. Criminal matters are tried there exclusively. The defendant or defendants are referred to as the prisoner(s) and are placed in a glassed in area at the rear of the courtroom attended by a bailiff. The judges and barristers are attired the same as in the Royal Courts of Justice. At the conclusion of the proceedings for the day, all persons in the Courtroom stand, including the Judge, and the Clerk reads a closing statement (which I could not understand), following which all do a brief bow and the judge retires to his chambers.

While I was observing the two trials, I heard no objection by counsel to any question posed to the witness. I did hear questions to which I would have expected an objection. On one occasion the civil judge sitting without a jury interrupted to clarify what was being asked. I have no explanation for the lack of objections.

General Jenkins told me that most civil and criminal cases cannot be appealed to a higher court without the consent of the trial judge. The barrister who is unsuccessful in the trial court, petitions that court to grant leave to appeal. The barrister must specifically identify the ground upon which the appeal will be based and the reasons for the appeal. The trial judge either grants the appeal or denies it. All is not lost if the appeal is denied, because the barrister can file a petition for the appropriate writ in the appellate court requesting it to exercise its discretion to hear the matter notwithstanding the trial judge's refusal to allow the appeal.

When I asked whether there were some misgivings among the barristers regarding a system that did not have a right to appeal. General Jenkins replied "no." He explained the general satisfaction with that system by noting that in the British system, judges are appointed strictly on merit and not for political reasons. The implication was clear, so in the interest of preserving Anglo-American relations, I decided not to argue the point or pursue the matter further.

After leaving the Old Bailey and returning to Fleet Street I briefly stopped in Ye Old Cheshire Cheese pub, which dates from the 1600's. The pub is very authentic, complete with uneven floors and stairs, and extremely low ceilings on the staircase. Dickens was reported to have his own table in the front room by the fireplace, and Dr. Johnson and Boswell were reported to be frequent patrons.

During my stay I also was able to walk through the grounds of the Inner Temple and Middle Temple, as well as by (but not in) the Temple Church. The lands on which these Inns are located were formally occupied by the Knights Templar. These two Inns are located on the Thames side of the Royal Courts of Justice while Gray's and Lincoln's Inn are to the north. All four of the Inns are within walking distance of the Court.

For those planning a trip to London, or for those desiring further information on Legal London, I would recommend two paperback books: Goodman, The Walking Guide to Lawyer's London (Blackstone Press, London 2000) and Daniel, Inns of Court (Wildy & Sons, London 1971).

The "Original London Walks" company offers several legal-related walks. One of them, "Legal and Illegal London" consists of a walk through all four Inns of Courts, by the Royal Courts of Justice, and by several pubs with a "legal" history and other notable legal sites. The "official" description of the walk is as follows:

"The Inns of Court - habitat of the wigged and gowned English barrister - could pass for a collection of Oxford and Cambridge colleges right in the heart of London. They are a warren of cloisters, courtyards, and passageways set amongst some of the best gardens in London. So: ancient rites and customs, high drama, colourful characters, and matters of life and death amid delightful surroundings. It's a rich confection, making this the prettiest and most historical of our central London walks."

My wife Anne went on this walk while I was at Lincoln's Inn and she recommends it highly. I went on other walks hosted by the same company and was quite pleased. The cost is quite modest (£5) and the walks are a treat - a knowledgeable guide takes his or her charges on a very educational and interesting experience that lasts over two hours. No reservations are necessary; just show up at the appointed time and place. A description (including the days of the week that they are offered) of all of the walks offered may be found on their web site http://london.walks.com/.

During lunch at the Great Hall of Gray's Inn, General Jenkins told me a story that has been making the rounds for years. The anecdote concerned a famous barrister who had little regard for the intellectual prowess of the judge before whom he was appearing. As the barrister concluded his argument, the learned judge leaned forward and said, "Counsel, I cannot say that I am any the wiser for your argument." The barrister dryly replied. "That is true, M'Lord, but at least you are better informed."

If I was none the wiser, I was certainly better informed about Legal London following my spending several afternoons taking in its sites and learning its history.