A SCOTTISH “LAW AGENT”

Dominion, Volume 14, Issue 169, 13 April 1921, Page 11

A SCOTTISH “LAW AGENT”

DESIRES ADMISSION TO NEW ZEALAND BAR KNOTTY POINT FOR APPEAL COURT TO DECIDE Interesting facts about the history of legal terms were quoted in the Court of Appeal (Second Division) yesterday, when an application for admission as a solicitor of the Supreme Court, made by ft Scottish solicitor, Frederick John Smith, was dealt with. His Honour Mr. Justice Sim presided. Mr. C. 11. Treadwell appeared for the appellant, and Mr. H. F. von Haast for tho Law Society. In affidavits, the appellant declared that he was a solicitor entitled to practise before the Supreme Courts of Scotland, and was a "law agent” duly enrolled under the "Law Agents Act. of 1873. He was last in practice in Leven, Fife, from 1910 to 1919, when he was in partnership with Mr. Peter Grant. He had applied for admission in New Zealand, and the Supreme Court had referred the application to the Higher Court.

For the appellant, Mr. Treadwell said that certain sectlions of the Law Practitioners’ Act had to be defined. _Mr. Smith had complied with section 15 of the Act, which required candidates for admission as solicitors to have practised for three years in Great Britain. _ It was further laid down that a barrister or solicitor who had been in practice in any part of the United Kingdom for a period of three years could be admitted in a similar capacity without examination. JTji Scotland a writer to the Signet, and a procurator in the Sheriffs’ Court, and similar legal persons were law agents. . "They are called advocates in Aberdeen,” remarked Mr. Justice Hosking, "and had been ever since King Charles designated them as such, when he bade them farewell. ... It is quite a

medley in Scotland.” Mr. Treadwell: In Stroud’s Judicial Dictionary it is explained that, in Scotland "law agent” is equivalent to “solicitor.” Tho term includes every person entitled to practise as an agent in any court iii” Scotland.

Mr. Justice Hosking commented that a Scottish lawyer knew nothing of English law, and therefore nothing of New Zealand law. "But lie can be admitted in England under the Act,” replied counsel. "Then,” said Mr. Justice Hosking, “could a lawyer from the Cape, versed in Dutch law, be admitted in New Zealand?” "Yes,” said Sir John Salmond, ‘by examination.” Mr, Treadwell contended that the examinations of tho Scottish Court of Session were rigorous. "But, isn’t a law agent an attorney ?” further questioned Mr. Justice Hosking. "Isn’t he an agent who is empowered ’<> appear in a Court of Law for some one else? ... Is he the equivalent of a bush lawyer?” Mr. von Haast hero interposed that he thought the Law Agents Act was analagous to the New Zealand Law Practitioners Act.

Mr. Justice Hosking:—-The man entitled to plead in the Court of Chancery was a solicitor and in a Common Law Court an attorney.

Mr. Justice Stringer said he thought flhc Act provided for the admission of a law agent, but that it was for Mr. von Haast to prove why the applicant should not be admitted. He had, as the affidavit showed, been practising in Scotland.

Tho question of “notaries public" was raised by a member of (he Bench, and in reply. Mr. Treadwell said that nowadays, no man could be a notary public until he had been admitted previously as a law agent. Mr. von Haast; said ho was not present to oppose ike application on the ground of any lapses of tho appellant’s character or lack of qualification, for he knew the appellant to lie fully qualified. There was, however, a narrow point of law for the Court th interpret. A clear understanding had to be arrived at about tho term and definition of "solicitor.” He thought that the appellant came under the category of those entitled to admission. Mr. Justice Salmond: Ts he not an after noy at law in Great Britain? Scotland is a portion of Great Britain. Mr. von Haast explained that the New Zealand Law Practitioners Act of 1861 was passed before the Law Agents Ac. of Scotland; and possibly, that fact was responsible for the non-appearance of the term “law agent’ ’in the New Zealand Statute. The appellant corresponded to a "solicitor” before the Supreme Court ol Scotland. The intention of the leS’s.lature was to reciprocate with all Scottish solicitors, not merely with those of the “S.S.C.” fraternity, which was a close society, only to be entered by dhe payment of large fees. Mr. Treadwell briefly replied after which the Court, reserved its decision. The President intimated that it the Court decided in favour of the appellant, the case could be referred back to the Supreme Court, where the necessary oaths could be taken and the appellant duly admitted.