SKILL OF SOLICITORS.

Dominion, Volume 3, Issue 783, 5 April 1910, Page 4

SKILL OF SOLICITORS.

COUNTRY: PRACTITIONERS' DEFENDED. THE REMARKS OF A JUDGE. In an appeal case heard in Wellington yesterday (and reported in another col' umn), involving a charge of negligence against a firm of Wanganui solicitors, reference was made to a judgment delivered by Mr. Justice Edwards when the case was before him in the Supreme Court. His Honour made use of the following words:— \

"Solicitors in this Dominion can, of course, protect themselves from liability, to tho same extent and subject to the same conditions, as solicitors may in England, by acting upon the opinion of counsel. It may be well to ooserve by way of caution, however, that a solicitor who is also a member of the Bar will not necessarily protect himself by taking the opinion of a gentleman who, possibly has no higher qualifications than himself, A solicitor who desires to protect himself by the opinion of counsel will, therefore, in iuy opinion, do well either to take the explicit instructions of his client as to the counsel who is to advise upon tho case, or take, the opinion of some gentleman ofacknowledged eminence in one of the principal centres of the Dominion. I recognise that the principle upon which I have decided this case is one of very, great importance, both to the general ?übuc and to legal- practitioners, and regret that the question has not been brought before the Court of Appeal." Mr. Martin Chapman, K.C., .counsel for the appellants, (the two partners in'the legal farm), . commented. upon the remarks of Mr. Justice Edwards. He said that some of the most eminent members of the profession practised in. obscure country places. He hoped that the dootrine laid down by Mr. Justice Edwards would notvbe. allowed to go as if it were given some authority. The late Mr. Justice Connolly, one of the judges of the Supreme Court, had originally practised at Picton. . There were 1 similar instances in Mr. Barniooat and Mr. Fitzherbert, two eminent men, who had been in practice in Wanganui. Mr. George . Hutchison, of Wanganui, (who appeared for the respondent), remarked that Wanganui was one of tha centres. (Laughter.) - ■ : Mr. Justice Williams said that, if a solicitor was called upon ito advise in a gold-mining matter, or to take proceedings in such a case, he would probably consult a solicitor who was practising, on tha goldfields. -.- Mr. Chapman added that a leader of the profession in the south, if retained in a Native land dispute, would most likely-; consult a northern barrister who . was known to have had considerable experience! of practice beforo the Native Land Court, and who was well versed in Native land laws. . The Chief Justice (Sir Robert Stout) remarked that the dictum of Mr. Justice Edwards would not be understood ' to have the support of the Appeal Court.