Dickens' hatred of the Law is thematic in most of his novels. The phrase "The Law is an ass" comes from Oliver Twist. The Law's delay - which Hamlet gives in his most famous soliloquy as a good reason for quitting this world - destroys the worthy, honest, young hero of Bleak House. Since Dickens' day the Law has hardly changed: if anything, it is worse.
In those days it was considered unethical for Law Firms to take cases "on spec", also called "on contingency", meaning that they accepted payment only if they succeeded in extracting damages and costs from the defendant. This was seen as encouraging unfair handling of evidence and manipulation of witnesses.
Nor were Lawyers supposed to tout for business nor advertise their services. Those who did approach people who had been injured and offer to represent them were called "Ambulance Chasers". Later this term was used even if the injury was of a spiritual or financial nature rather than one which actually involved an ambulance.
The other great sin was "ambidexterity" which literally meant taking money from both sides. The real situation was that the lawyers for the plaintiff and the defendant would hobnob together and construct a lengthy and complicated case out of what was in fact a simple disagreement. One side would raise spurious arguments which the other was obliged to refute - all at the cost of one party of the other. The lawyers got paid, no matter what.
Nothing much has changed. It is now legal for lawyers to solicit those who have suffered some injury promising "no settlement, no fee". Divorce lawyers in particular behave with open ambidexterity, creating disputes between the warring spouses that never existed during the marriage, boosting the wife's indignation and expectation of a huge cash settlement while at the same time telling the husband he'll get away with much less.
Mr Pickwick has been surprised apparently "in flagrante delicto" with his fainting landlady in his arms. To preserve her reputation she is claiming that he promised to marry her and is seeking damages for "breach of promise". Such cases were still possible up to about 50 years ago. A famous judge said something to the effect that the damages would be more severe if the gentleman had used the engagement to take advantage of the lady - which may be presumed to mean that he had been receiving the ultimate kind of female hospitality.
The use of the word "surprised" in this situation reminds me of a story - no doubt completely false - about Webster who compounded the first American dictionary and is uniquely responsible for Americans being unable to spell simple English words such as "colour" and "honour".
The story goes that his wife caught him "in flagrante delicto" with his secretary. She exclaimed, "Mr. Webster, I AM surprised" - it being the practice in those days for respectful wives to call their husbands by their surnames.
Webster replied, "No dear, we are surprised. You are astonished." So now you know the difference between the meaning of those words, according to Webster.
Which reminds me of another legal case over misuse of English. An engaged couple were reported as being on holiday in Margate, "Happily anticipating their marriage". That unfortunate remark cost the newspaper a considerable settlement for damages. To "anticipate" means to behave as if something had already happened.
The defence lawyer has no need to cross examine Sam, because Sam has already craftily done all the damage he can to the plaintiff's case and exposed Dodson and Fogg as shysters.
If you want to read the whole trial - or even the whole of Pickwick Papers - you'll find it here:
http://www.online-literature.com/dickens/pickwick/34/
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Enjoying these readings from Dickens and Poe
solarisqs 2 years ago
Love Dickens! My FAVORITE case - Jarndyce v Jarndyce
audiofile7 2 years ago