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03 March 2011 / Sir Geoffrey Bindman KC
Issue: 7455 / Categories: Blogs
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A Grand American

Geoffrey Bindman QC salutes a Grand American

Attitudes to fees have changed. The fiction that the honour and dignity of the lawyer’s calling precludes the right to demand payment was observed by the Romans and survived in the English Bar. It fitted the image of the English gentleman as one who did not need to earn his living. Gambling on horses, cards, and virtually anything else also belonged to the gentlemanly way of life but for English lawyers betting one’s fee on the outcome of a case was always unacceptable, and remained so until 1997.

This tradition began to break down when Labour introduced the conditional fee  to justify removing legal aid from personal injury claims. Lord Justice Jackson’s recommendation that contingent fees should now be permitted is a further step in the transformation of the profession.

Across the pond

Americans aren’t gentlemen. Their law took much from ours in form and content and a few American lawyers have tried to ape the style and customs of the Inns of Court—occasionally with absurd results. I once visited an office in a Chicago skyscraper with stained glass windows depicting

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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