Making History

Under Britain's newest social scheme, 12 million lower-income Britons became eligible last week for free or cut-rate legal aid.

A pamphlet put out by the British Law Society explained: "If your means are small and you have reasonable grounds for taking, defending, or being a party to proceedings in the High Court of Justice or Court of Appeal, you can have the free services of a solicitor and, where necessary, of a barrister.* If your means are moderate, you can have such services in return for a contribution assessed according to your ability to pay."

The new Legal Aid & Advice Act defines persons of "small" means as those with disposable incomes (after taxes, etc.) of not more than -L-156 a year, "moderate" disposable income as not more than -L-420 a year. The new act will cost the government at least -L-1,000,000 a year. Divorce cases are included in the scope of the new law. Some critics of the plan fear that Britain's divorce rate, which rose from less than two per 10,000 population in 1939 to 13 per 10,000 in 1947,* will zoom still higher.

The first case under the new act came up last week in London's musty Strand Law Courts. British War Bride Violet Benner sued for a divorce from ex-G.I. Wilbert Roy Benner of Austin, Texas. The judge, noting that Mrs. Benner was getting free legal aid, said to her counsel: "You are making history." Reminding the judge that his client had gotten a cut rate under the act, Wilbert Benner's counsel added: "I think we both are."

* A solicitor gives legal advice and may represent his client in lower courts. Barristers are trial lawyers, and only barristers may argue in appellate courts.

* U.S. rate: 33 per 10,000 population in 1947.

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