LAWYERS' R EFORM.
,-•-. --• j - ; .-. ,_, T,O THE EDITOR. A'-.' 'A' l' -. Sin, -*- In these day§;\ve s liear a great. deal about, •law reform, but far too little about 'lawyers' reform;- :I think j'pu will.. allow, if not from personal ex-pei-ience; 'aft iei^ffortf observation, that' 'the position 'of a 1 Witness in -i^gi-eaf'tnajority of cas'efe is, far from .an 'agreeable phe/ and K tliis arising not so much froira what'' may be 'considered a ! necessary'CToss-questionlng by'cb.un'scl in the in 1 -' tei-ests of their clients,' 'nVfroin the unWarriint-' .able," ' unnecessary, -'• an]l Exceedingly ungentlemanly insimtafcions 1 in .which many advocates indulge, not ! only 'in -.- their examination .of. witnesses, but 1 'more^particularly 'in "summing .up, iWben, having no fear of refutation or even contradiction from the parties directly assailed,- they . use every'-; endeavour tot vilify. theirs (the- wit-.; nesses,*) ' e'yidehce. ' ''"We .' 'would ; naturally * enough fancy~ that, . considering. jthe class fi-oni which lawyers as a rule are: recruited,.. combined; with .' the educational * advantages .they ' : en joy, . gentlemanly feelings' would' an imate 'tli'eir every action and speech, but, unfortunately, such a conclusion is seldom 'justified by fact, as we find' the great. _ majority may thank -their tailors for their only claim 'to' the distinction they assume*' in common with 'that great class' bf sriobocl'acy, whose obtuseness to -everything' save outside . show serves to aid'tlierii in their* self-'decep'tibn. However, it" appears as reasonable to expect tobe able to -manufacture '&'• silk purse out of a sow's ear as'to look ; foi* the' needful reform fromwithin, as, the license they are' allowed from the Bench appears to be sufficient to" cover them incasting slanderous imputations broadcast. The cpiirse which seems most pregnant of success, would be for some, maligned 'witness,' with suffi*cient time and money (and, as a rule, ihey are caieful what tbey say of such), to enter an action . for defamation of character, and I am "sure ; such complainant would .'have the "sympathy of all who are or have been brought into connection with our law courts. Also, by'tHe Bench leiiding their aid to such .reformat 'would tend, in "a. 1 very appreciable degree,' to simplify their duties, J as, when once the improvement was recognised, witnesses would be induced to come forward who ' at present shrink 'with terror from placing tbem- ' selves in a position in .which.they are almost certain to be treated as convicted criminals, and their characters discredited by men who, having nnne to uphold, value them' accordingly: Such treatment tends to defeat the ends of justice, both by keeping back witnesses who are not compelled to appear, and also by causing them to be -unnatural uuder" examination. : -Hoping this will, lead to further, expi-essions of opinion, which may eventually bring . about the much needed reform,— l am,- &ci,; . . .., '■-.!-• A. Witness. ' Balclutha, December 16, 1876.
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Bibliographic details
Clutha Leader, Volume III, Issue 131, 12 January 1877, Page 6
Word Count
459LAWYERS' REFORM. Clutha Leader, Volume III, Issue 131, 12 January 1877, Page 6
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