AGGRIEVED LAWYERS.

Dominion, Volume 5, Issue 1536, 4 September 1912, Page 5

AGGRIEVED LAWYERS.

, PUBLIC TRUST COMPETITION. Some solicitors have made no secret of the fact that .in,,their opinion the Public Trusts Office engages in unfair 'competition with private legal'.' practitioners. Only, a few days ago Jlr. T. M. Wilford, M.P., speaking in' the 'House of Representatives, described the Public Trust Office' as "the cemetery;of. the.'.legal profession."' "' ■ ' >(,'''.■.■«■ : Vi;,a' : = •■(-•-:- The Public .Trustee ■■■(Dr.V.F. Fifchett) makes ; ip;.>ijs annual roport'ontthe-'subject'or tile relations of his Department with the legal profession:— "I regret to say that-the relations between the'legal'profession and the office are not free from friction. In many quarters a perfectly honest misapprehension exists as to the; nature and extent of tho legal work done by the office. It has been stated, for example, that any--body who has bought a section of land can come and get his transfer prepared; further, that in order to obtain the work, the office charges.much less than the ordinary costs. ■ That/is not so. 2«o,legal work is done except in connection with estates that are in the office. .If it is done for the estate, then, as. a rule, no costs.are charged at all. If jt is done for'a person who is dealing with the estate—e.g., for ' a purchaser who has bought a section betonging.'to the estate, and . wishes his transfer or conveyance prepared—the rule is to charge a nominal fee of ' JBI 15.,; to cover the time and trouble, involved! This- class of- work is done, not to make costs,,but solely and wholly! in the interests of the estate. In thecase of small properties it often produces a better price. A man will offer mo're if he knows what the costs will be. Then it hastens the' windihg-up of the estate.- ■' The title is in the office, and the transfer can be' prepared ■ at once. Creditors are pressing fpf their claims, benefic'iaries for their shares, arid the office is anxious to satisfy them all as quickly as possible. Hence the practice. I refer to this matter at some length in order to remove, if possible, the sense of grievance that exists. lam most anxious to work amicably with the profession. The operations of tho office undoubtedly press them.hard, and this process must go'on, but no unfair or illegitimate attempts, are made to take work from them;.quite, the contrary. ' For example, where legal work connected"with an estate has to be done outside the.office, the solicitor who acted for the estate is instructed. Again, tho solicitor who prepared a will under which the Public Trustees.is executor will be instructed to obtain probate. In one case, indeed— that of, loans—the office treats the profession m'ofo' liberally than does anv other lending .institution in J<ew Zealand. Other "things being enual, a solicitor who introduces a, loan is instructed to act for the office in' preparing the security. The fees ?o received amount to thousands of pounds in the year."