Bardell v. Pickwick

  PLEA FOR "DODSON AND FOGG."

  This famous firm of city attornies has become a bye-word in legalhistory--being considered the most notorious of practitioners for sharp,underhand, scheming practices. Boz was always vehement against theabuses of the law, but his generous ardour sometimes led him toexaggerated and wholesale statements that were scarcely well founded.This is found in some degree even in the sweeping attacks in _BleakHouse_. But he was so vivid, so persuasive, in his pictures, that therewas no appeal.

  The unreasoning fury of Mr. Pickwick is specially shown in the case ofJingle, whom he pursued with an animosity that was almost frantic. Onewould think it was some public enemy he was hunting down for the publicgood. Poor Jingle had really done nothing so monstrous, after all. Hehad "chaffed" Dr. Slammer, "run off" with the spinster aunt--nothing souncommon in those days--had been consigned to the Fleet for non-paymentof his debts, and there showed penitence and other signs of a good heart.His one serious offence was passing himself off as a naval officer, andunder an assumed name. But he had _crossed_ Mr. Pickwick--had ridiculedhim--had contemptuously sent a message to "Tuppy." When he dared to playa practical joke on his persecutor, his infamy passed beyond bounds.Here was the key to Mr. Pickwick's nature--any lack of homage or respectwas an offence against morality. So with Dodson and Fogg. He hadsettled in his mind that a condescending visit to these gentlemen, with alittle explanation and remonstrance would completely disarm them. Hisfury on his advances being rejected was extraordinary.

  Here Boz shows, as he ever does, his profound and most logical treatmentof human character. He never goes astray, being guided by a happy andtrue instinct. Mr. Pickwick had grown to be the most inflated of men.Flattered and followed--submitted to with the greatestdeference--ordering people about--doing what he pleased--he could notstand the slightest opposition. No one was to contradict--no one toquestion even his stockings--speckled or others. Even when he wasclearly wrong, it was an affront to hint at it. He had much in commonwith that great man, Mr. Gladstone, who was the political Pickwick of histime. He was overbearing and arrogant and unrestrained, and I am afraidvindictive. Dodson and Fogg were associated with the great mortificationof his life. He could not forgive them--the very sight of them rousedhis hatred, and the having to pay them ransom stung him to fury. Allwhich is most natural and yet unexpected.

  The popular and genial Sir Frank Lockwood was almost the first to putforward a plea in abatement of prejudice for the firm. He showed thatthey were not much below the usual type of middle-class solicitors. Whatthey did was in the ordinary course. With Mr. Pickwick they were mostforbearing, and even indulgent. There was one rather doubtful passage,but even here he offers extenuation. This was their treatment of poorRamsey, which, at first sight, seems very bad indeed.

  'There was such a game with Fogg here, this mornin',' said the man in the brown coat, 'while Jack was upstairs sorting the papers, and you two were gone to the stamp-office. Fogg was down here opening the letters, when that chap we issued the writ against at Camberwell, you know, came in--what's his name again?'

  'Ramsey,' said the clerk who had spoken to Mr. Pickwick.

  'Ah, Ramsey--a precious seedy-looking customer. 'Well, sir,' says old Fogg, looking at him very fierce--you know his way--'well, Sir, have you come to settle?' 'Yes, I have, Sir,' said Ramsey, putting his hand in his pocket, and bringing out the money, 'the debt two-pound ten, and the costs three pound five, and here it is, sir;' and he sighed like bricks, as he lugged out the money, done up in a bit of blotting paper. Old Fogg looked first at the money, and then at him, and then he coughed in his rum way, so that I knew something was coming. 'You don't know there's a declaration filed, which increases the costs materially, I suppose?' said Fogg. 'You don't say that Sir,' said Ramsey, starting back; 'the time was only out last night, Sir.' 'I do say it, though,' said Fogg, 'my clerk's just gone to file it. Hasn't Mr. Jackson gone to file that declaration in Bullman and Ramsey, Mr. Wicks?' Of course I said yes, and then Fogg coughed again, and looked at Ramsey. 'My God!' said Ramsey; 'and here have I nearly driven myself mad, scraping this money together, and all to no purpose.' 'None at all,' said Fogg, coolly; 'so you had better go back and scrape some more together, and bring it here in time.' 'I can't get it, by God,' said Ramsey, striking the desk with his fist. 'Don't bully me, Sir,' said Fogg, getting into a passion on purpose. 'I am not bullying you, Sir,' said Ramsey. 'You are,' said Fogg; 'get out, Sir, get out of this office, Sir, and come back, Sir, when you know how to behave yourself.' Well, Ramsey tried to speak, but Fogg wouldn't let him, so he put the money in his pocket, and sneaked out. The door was scarcely shut, when old Fogg turned round to me, with a sweet smile on his face, and drew the declaration out of his coat pocket. 'Here, Wicks,' says Fogg, 'take a cab, and go down to the Temple as quick as you can, and file that. The costs are quite safe, for he's a steady man with a large family, at a salary of five-and-twenty shillings a week, and if he gives us a warrant of attorney, as he must in the end, I know his employers will see it paid; so we may as well get all we can out of him, Mr. Wicks; it's a Christian act to do it, Mr. Wicks, for with his large family and small income, he'll be all the better for a good lesson against getting into debt,--won't he, Mr. Wicks, won't he?'--and he smiled so goodnaturedly as he went away, that it was delightful to see him. 'He is a capital man of business,' said Wicks, in a tone of the deepest admiration, 'capital, isn't he?'

  The other three cordially subscribed to this opinion, and the anecdote afforded the most unlimited satisfaction.

  'Nice men these here, Sir,' whispered Mr. Weller to his master; 'wery nice notion of fun they has, Sir.'

  Sir F. Lockwood, by the way, offers one of the most amusing proofsconceivable, of the convincing power of "Pickwick," which is constantlytaking us out of the world of fiction, into that of the daily livinglife. He speaks of the cruel trick played upon the unfortunate Ramsey,who came to pay his bill of costs, and was told that these were out ofdate, had been swelled by subsequent proceedings. An affidavit had beensworn--which, after he left the house, Wicks, the clerk, was sent off toswear--Then, Sir Frank, adds: "After all, this is merely given _as thestatement of Wicks_--_on whose testimony not much reliance can beplaced_." As though Wicks were some living witness, "erect upon twolegs," whom he had been examining in Court!

  It must, however, be recollected that this was an _exparte_ story.Wicks, as Sir F. Lockwood hints, may have coloured it up, to amuse hisbrethren. The truth is these poor helpless debtors, who fall into thehands of legal "sharks" and money-lenders, have _their_ tricks also.They will often "do" those they employ if they can. And further, letthis be considered. Before Ramsey paid his visit the affidavit _had_been prepared, and was actually in Fogg's pocket. Such affidavit wouldnot be allowed for in the costs unless necessary to the case, so thatFogg's statement that it had been filed was very near the truth. Perkerhimself was playing the same game of hide and seek with anotherunfortunate--one Watty--who was trying to see him, and learn somethingabout his case, but was always put off with the excuse or falsehood, thatPerker was out, though he was within. But then, "Perker was anhonourable man."

  Boz lets us know, through Sam, how the case reached Dodson and Fogg. Hespeaks of "the kind generous people o' the perfession 'as sets theirclerks to work to find out little disputes among their neighbours andacquaintances as wants settlin' by means of law suits." This system,however, cannot be checked, and "the speculative attorney" even in ourtime still flourishes.

  It was really not a question whether Mr. Pickwick would "indict them fora conspiracy," because they acted as solicitors against him, but whetherthey would bring an action against _him_ on their own account. Allthrough, Mr. Pickwick's behaviour to them had been outrageous. He choseto assume, quite gratuitously that it was they--not Mrs. Bardell--who gotup the case; that the
y had worked on her for their own nefarious ends.Nothing could be more absurd. The landlady was eager enough to protecther own interests--her female friends worked on her, and the loss of sovaluable a lodger, which the incident must have entailed, inflamed hermore. We can see from Sam's interview with her that she was at last,though at first reluctant, determined to have her rights. But Mr.Pickwick acting on this assumption addressed the firm, from the first tothe last in the most scurrilous language. He called them "robbers,swindlers,--a brace of pettifogging scoundrels!" Shocking andungentlemanly terms, and what is worse, actionable. Yet the pairreceived this abuse with infinite good temper and restraint, merelysecuring a witness who should listen, and threatening the speaker withlegal penalties.

  And why did they not take this course? Well, they had to suspendproceedings until Mrs. Bardell's action was settled, when on receivingtheir costs they were desirous to part in good humour. But Mr. Pickwickwas so furious at being invited to shake hands with them, that he againbroke out with coarse abuse, "Robbers!" "Robbers!" calling it after themdown the stairs. Why did they not take action on this? Perhaps theywere afraid; as Mr. Pickwick had shewn himself such a doughty andunyielding fighter--going to prison rather than pay. Perhaps theythought he might get the better of them again.

  We have very little evidence as to what was the scale of fees in use inthese days. They were of course far lower than they are now, afterallowances even for the lower cost of living. To-day, the fees toCounsel alone would have absorbed considerably more than Dodson andFogg's whole bill of costs. A nice point is, could Mr. Pickwick'sirregular interview with Serjeant Snubbin be considered something in theway of a consultation? Here were Counsel, Solicitor and Client: theSerjeant gave up a portion of his valuable time and, further, the juniorcounsel was summoned specially from his chambers to supply his "adviceand opinion." Mr. Pickwick ought surely to have to pay for his whim.And the bill of costs that these "sharks" of attornies sent in! It wasastonishingly moderate. For writ, service of subpoenas, hunting upevidence, consultation, fees to counsel, fees for the day, retainers,etc.,--the sum of 120 pounds was all that was asked.

  Imagine Messrs. Lewis and Lewis sending in such a demand at the end of atrial which it had taken them nearly a year to get ready. In our time itcould hardly be done under 1,000 pounds. Perker, by the way, told hisclient that on payment of the costs both of Plaintiff and Defendent, intothe hands of "these sharks" he would get his release. With muchindulgence--the attornies--allowed him to leave the prison on his bareundertaking to pay. And it is not clear why he should pay his own coststo them, and not to Perker. And they were _not_ paid for sometime. Mr.Pickwick's own costs must have been small. He had no witnesses. Perkerwould not have made a hand of him, and I fancy he would have got off forninety pounds, or a hundred pounds. There was, however, the fees of theSpecial Jury, so he would have to pay, say, 220 pounds.