South Canterbury Times, SATURDAY, AUGUST 13, 1881.

South Canterbury Times, Issue 2620, 13 August 1881, Page 2

South Canterbury Times, SATURDAY, AUGUST 13, 1881.

SECOND EDITION

Thk Law Practitioners Bill lias passed the House of Representatives, and was read a first time in the Legislative Council on Thursday. In the Lower House it met with great favor. It was low down in the order of business, and no less than thirteen members whose bills had precedence, consented to give the Law Practitioners Bill priority of consideration. In previously dealing with the subject, we expressed a strong opinion that all candidates for admission to the legal profession should be required to pass an examination in general knowledge. Up to the present all law students have to undergo that test. No doubt the obj’ect is to ensure the respectability of the profession. As to whether or not it has accomplished that purpose it would be useless enquiring into. There is a great diversity of opinion as to legal “ respectability.” However, after all, it is a question of wealth as well as morals. Poor men, be they ever so intelligent, arc not generally considered respectable in any British community. A lawyer’s respectability depends in a great measure upon his success, and his success is a matter of costs. But there ean be no doubt that the examinations in general knowledge have tended to keep up the intellectual standard of the profession. -Sir Grey Grey stated the other night that the study of the law was better than any given amount of education. No doubt the close attention required to master its intricacies tends greatly to mental improvement. But we feel perfectly certain that none but a fairly educated man could grasp the principles and spirit of English law. Again, lawyers have all sorts of subjects to deal with. It is not mere technical knowledge of Acts of Parliament and Court procedure that is required. An ignorant man practising in a Court of Justice would neither reflecUcredit on himself nor benefit his client. It is said that an educated mechanic almost invariably, makes the best workman. How much more would this apply to members of the legal profession. The interest of the public would be consulted by requiring an educational test. In the House on Thursday, Mr Stewart nearly succeeded in having words inserted to the effect that an examination in general knowledge be required of law students. The voting was 25 -to 21. Many of those who voted with Mr Stewart were no doubt in favor of the general scope of the measure, for on previous divisions the opponents of the Bill were in a hopeless minority. There is a general impression that the Law Practitioners Bill will not receive a favorable reception in

the Legislative Council. Its paternity is almost enough to damn it in the eyes of the “ Lords.” Anything emanating from Sir George Grey is treated with scant courtesy in the Legislative Council. Still, although the measure tends in the direction of free trade in law, it is by no means purely a “ poor man’s ” Bill, The legal profession do not live by fleecing the jtoor. You cannot take the “ breeks of a Highlander.” The law, as it is at present practised, is a luxury beyond the reach of the man of moderate means, and is a luxury for which the rich have to pay very dearly. All the lawyers to a man are opposed to the Bill now before Parliament, and they fondly hope and believe that the Legislative Council will without ceremony kick out Sir George Grey’s latest radical effort. There are about half-a-dozen members of the legal profession in the Upper .House, and it may he expected that they will fight tooth and nail to prevent the passage of the measure. There are also a few medical men in the Council, and a fellow feeling may make them wondrous kind. Who knows but that their turn will come next. Sir George Grey’s Bill may be only the tiiin end of the wedge to throw open the practice of each and every profession to the public. However, really the doctors have little to fear that they will be subjected to the process of open competition. The tendency of modern ideas is in a different direction. In the past the bodies of the people suffered from the malpractices of quacks ; in the present, the pockets of those who are forced to go to law arc drained by the exorbitant charges of the legal profession. . The lawyers have few friends ahd it is more than possible that they are out in their reckoning in believing that the Upper House will reject the Lawyers Practitioners Bill. Although we are in favor of the general principle of the measure, we will not attempt to argue that if it becomes law it will not inflict hardship on' a considerable number of persons. As far as well-established legal firms are concerned they will be little affected. Those who will be most injuriously affected are young lawyers who have recently entered upon the practice of their profession, and those who arc now qualifying themselves. A number of young men are studying the law under articles of five years. Of course, there is not the slightest prospect of anything being enacted to release them from their articles unless their employers consent to absolve them from their engagements. The law students will be placed in an unfair position. It is true that there will be nothing to prevent any articled clerk who can pass the prescribed examination from being admitted, bntso long as the articles remain in force it will entirely depend upon his employer whether or not he will be allowed to practice. -It would be a very difficult matter indeed to overcome the difficulty, We suppose in this instance the articled clerks will have to be content to bo victims to the principle of the greatest good for the greatest number. Although not altogether believing in free trade in law,we are of opinion that the legal profession is at present unnecessarily close from the fact that an apprenticeship of five years is required. How long it takes a person to gain a knowledge of law depends solely upon his industry and ability'. Some men arc capable of learning as much in a twelvemonth as others in the course of their whole lives. All candidates for admission to the law have up to the present time been consigned to office drudgery for five years. To acquire an equal amount of knowledge the quick in parts and the dull in parts have had to grind for equal periods at the legal mill. The passage of Sir George Grey’s Bill will put an end to such an unreasonable condition of things.