THE PUBLIC TRUST OFFICE.

Dominion, Volume 6, Issue 1754, 20 May 1913, Page 4

THE PUBLIC TRUST OFFICE.

AND THE LAWYERS' TRUST, Sir,—While tho public have been long ami unsuccessfully wrestling with tho problem of tlie increased cost of living, it would seom from recent correspondence iix your paper another burden is to be'added in.tho increased cost of dying. The lawyers' apologist, "Fairplay," in your issue of Thursday, lilco every other person who has attempted to defend the present Government's action in regard to the PublicTrust Office, has only provided more argument for resentment against the tactics of' tho legal clique. Your correspondent 13 good enough to admit "thero is scope for good work by tho Departmeut. Where tho estate is very small, tho testator has no friond or relative'capable of or willing to carry out his wishes, or whero trusts aro likely to bo prolonged, solicitors very often recommend his appointment."

Naturally, one of the commonest attributes ot selfishness is to call it "good work"- to give the bad work to someone else. The profession, in its generosity, is quite.willing that every burden shall be cast upon; a Government department, but asks with consummate cheek that, where there is enough, wealth in an estate to provide a few days' profitable quibbling tho least necessary, most exacting, and best-protected profession -in the Dominion shall; Jiiivo it thrown to them like a fat carcass to the crows.. Such a suggestion -is .enough .to make a person hesitate about dying.-, y It would be a waste of time and spaco t> deal with the other assertions, assumptions, and-eheap sneers with which your correspondent fills up a column of space, and answers nothing the public want to know,-- but- thi9 writer would liko ■ to put one or two questions to. the legal profession, now they have entered the lists as controversialists. The class who asked for a Commission of Inquiry into the working of this institution were the lawyers, and therefore the aggrieved parties. Is it -n accordance with any principle of justice to allow one of the contending parties in a dispute to have practical domination of the tribunal which decides such dispute? Yet this was tho case in the Public Tiust Commission. Ono member of the

Commission' was a lawyer, and one a layman, whose sympathies, judged by his report, were not averse to the desires of tha legal profession. . How considerate and discerning of this gentleman to present a report on his own volition, suggesting that the Ic'ml profession should have its wishes gratified. Being a layman, he was, of course, not the best qualified of the two Commissioners to decide 51s to the • necessity of employing outside'legal assistance, but probably,ho risked criticism in order to save the blush of modesty from the cheek of his fellow-Commis-sioner, in being compelled to admit that, after all the arduousi inquiry, it was bis fellow-practitioners alono who could relieve tile situation. Thero will bo many (among the lawyers) who will sincerely sympathise with Mr. Macintosh in his delicate predicament. The hostility of the outside practitioners to the legal staff of the Department will, however, bo readily accepted by any person who has had much experience of lawyers as the highest testimonial it could receive. It is asked "Why should thoso who can well afford to pay for it, receive cheap advice?" Why 1 shouldn't they? What special providence elevates the practice of the law above the modern tendency to economise by better organisation and more economic methods? Why should five hundred persons be engaged at high, remuneration in an occupation, and be a burden and tax on the community, when there is legitimate work for only fifty? And it is all tho more regrettable to have a condition of affairs like this in a community where primary production is crying out for necessary labour. A Commission that would 'havo a big backing of public opinion would be one composed of laymen to report on such matters as these:

To what extent do present examinations qualify persons to engage in the practice of tho law ? Or do such examinations serve only the purpose of disqualifying many capable persons? • To take evidence as to alleged unprofessional. conduct' by members of tho Bar (evidence limited,to 5000 pages.) To what extent lias tho present system of administering justice tended to supplant statute law by lawyer-made law? To express an opinion on the quality, circumstances, and good tasto of legal humour?

What' the' annual saving to the people would be if the word "whereas," together with other stock phrases of legal diction were to be prohibited from uso in law documents? 1

Report the many .chivalrous acts of Bench and Bar towards laymen litigants appearing on their own behalf, with special reference to tho many occasions upon which the Bench has uttered the encouraging warning: "My experience is that u layman who acts as his own lawyer has a fool for a client!" . Also collect evidence of other examples of encouragement to litigants who endanger tho professioiial fee.

Whether it is proper for a high judicial position to be used for the propagation of personal fads, and how much time and money is wasted by counsel, if such be the case; in trying to evade tho punishment of crime by humouring and pandering to those i'ads. Collect evidence from litigants as' to their cxperienco of taxing a lawyer's bill of costs. (The Commissioners must take overy precaution during the hearing of this evidence to .prevent hilarious outbursts of merriment that might endanger tho dignity of .the Commission's deliberations.) '

Find out whether it is the practice'of lawyers to charge clients for acts of carelessness on tho part of the'lawyers aforesaid that a Sixth Standard schoolboy would not be guilty of. Also discover whether there is any profession or calling in . existence which enjoys tho same privilege.

- Finally, summarise the evidence collected,, on these points, and a thousand more, that may bo necessary to the elucidation of the purpose of the Commission, pd' report whether Hie administration of justice in the Dominion of New Zealand is conduct?d' in the interests of the people of the Dominion as a whole, or the lawyers of the'.'said Dominion—as a small part—who cohtrol it.—l am, etc., • SQUAKE DEAL.