Barristers' Clerks
![handle is hein.journals/jlegpro4 and id is 27 raw text is: Barristers' Clerks*
John Flood**
In this world there are three 'We's'. The Royal 'We'. The Edi-
torial 'We'. And the Barrister and his Clerk 'We'. And the great-
est of these is the Barrister and his Clerk 'We'.'
Introduction
Historical records on the role of the barristers' clerks are ex-
tremely scarce. The best known reference is Charles Lamb's descrip-
tion of his father who was a barrister's clerk.
He was at once [Mr. Salt, K. C.s'] clerk, his good servant
dresser, his friend, his 'flapper', his guide, stop watch, auditor,
treasurer. [Mr. Salt, K. C.] did nothing without consulting
[him], or failed in anything without expecting and fearing his
admonishing. He put himself almost too much in his hands, had
they not been the purest in the world. He resigned his title
almost to respect as a master, if [his clerk] could ever have
forgotten for a moment that he was his servant.'
Has the clerk's role changed since then? In 1976 a senior clerk,
described his tasks: A barrister's clerk does everything for his gov-
ernor, even sewing on his fly-buttons because the typist couldn't do
it, as there was no time to take his trousers off.
Despite the expansion of legal work since 1823, the essence of
the counsel's clerk's job has not changed drastically. The official
reason for employing barrister's clerks is that a barrister's chambers
includes the provision of the services of the clerk who is the clerk
of the chambers . . .,3 The modus operandi of the clerk and the
character of his relations with counsel, however, have changed dra-
* This paper is based on a participant-observational study of barrister's clerks
conducted in 1976. The results of the study are reported in the author's thesis
entitled Barrister's Clerks.
** Professor of Law, University of Warwick, England.
1. Podium, 74 GUARDIAN GAzErrE (No. 15), 89 (1977)(quoting Norman Bir-
kett).
2. C. LAMB, The Old Benchers of the Inner Temple, LAST ESSAYS OF ELLA
(1823), reprinted in C. LAMB, THE OLD BENCHERS OF THE INNER TEMPLE, at xiv (F.
Mackinnon, ann. 1927).
3. W. BOULTON, CONDUCT AND ETIQUETTE AT THE BAR 58 (6th ed. 1975)
[hereinafter cited as BOULTON].](ViewImageLocal?handle=hein.journals/jlegpro4&div=6&collection=&method=preview&ext=.png&size=3)
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