South Canterbury Times, THURSDAY, JUNE 15, 1882.

South Canterbury Times, Issue 2878, 15 June 1882, Page 2

South Canterbury Times, THURSDAY, JUNE 15, 1882.

Sin George Grey has introduced a Bill of, a very remarkable character! This is not saying much in reference to Sir who, indeed, is nothing if be is ,not extraordinary;; But- the Law Practitioners Bill is so remarkable as to call for special comment. The Bill proposes very radical measures'which, carried to their legitimate end, would : entirely, upset existing legal institutions. It is evident; that Sir George Grey, in common, with the rest of rs, has been, shocked at the excessive costs, and ; wearied by the excessively long procedure, of our law courts. Having these abuses in mind, the hon, member has given voice to his complaints. -'The result has been'a-Bill which proposes to remedy these abuses. Two sections constitute the Bill. Tho first provides that any male person of approved character, passing a specified examination shall; be eligible to practice as a lawyer. ‘ The second provides that any person duly authorised by. any party having business in a court of law, may appear to conduct the case of the person so appointing him. ' It will at once be seen that this is a radical measure ; so sweeping in its character as to ; threaten ' the existence of the legal profession, on its present basis. It behoves us, therefore, to look at tho Bill from both sides.. On the one band it is proposed to conserve Hie public* interest; on the! other, to smite a vested interest, the existence of which is assumed to be prejudicial to public interest. The first clause opens the practice of the law to anybody who may have acquired a sufficiency of book knowledge, irrespective of his practical acquaintance with the law, its forms and technicalities. At the first sight this provision “ takes ” immensely. Now, although we are steadfast advocates of liberty and free trade, and although we desire to sre corporate bodies and all institutions improving themselves, every now and then, we are fully alive to the pernicious consequences of rash measures of reform. We would desire, 'therefore, to direct public attention to this Bill in regard to the conservation of the public interest. The public interest requires in law, as in everything else, skill and capability, sound learning, and practical knowledge in the lawyers. Without these qualifications, a lawyer would be a positively dangerous (as well as a non-producing) member of the community. This appears so evident as to require no more than to be indicated. The law is a very great and grand subject, and, as in every other profession, no special aptitude, no exceptional talent, can fit a practitioner for carrying on his practice with safety to the public.and credit to.himself, unless he possess a solid basis of theoretical knowledge and extensive practical experience. What do we think of persons who presume to practice medicine without holding due qualifications? In the interests ol the public welfare we have made it r a punishable crime to do so ; and any one proposing to" open door of the medical profession to all comers, would be regarded as a lunatic. If, then we jealously conserve the medical profession as a vested interest, why, we ask, in the interest of our fortunes and our social relations, should we allow the novice and the unskilled to meddle with the laws that; govern us ? Our readers will, we feel sure, heartily agree with us that, so far as the public interest is concerned, any rash opening of the legal profession is inadvisable. Now, on the second point, the Bill smites at a vested interest, the existence of which is supposed to be prejudicial to the public interest. We do not so regard it. It is beside the question _to say that such. vested interest is slow to reform itself, and that it is a costly burden to the community by • reason of the excessive charges.it is able tp impose upon the public. Like any other vested interest, it is, and will ever be, amenable to popular opinion, nor can it refrain from reforming' itself at the demand of the people. And it is a question whether -the costliness of it is not counterbalanced in a great measure by the learning, skill* and practice, which it secures in those practising law. In this important respect it can not be said to be prejudicial to the public interest, but just the reverse. To annihilate it, as is proposed, might relieve us from a certain burden, but it would inevitably impose additional ones upon us, far harder and more injurious than the one we may now be suffering ; burdens, too, that could not be removed or lightened, as can the one now frequently complained of. In the profession of "teaching we have had quite a sufficient experience of the effect of free trade. British populareducation was "for many years, until within the last quarter of a century, indeed, kept down to a disgracefully low ebb through the want of a standard of teachers’ qualifications. Every bankt apt greengrocer, or tallowchandler’ was at liberty to open a school, and often, by dint of a loud voice and a stinging cane, the wretched bungler made a fortune and a name at the expense of the pooryoung minds which he was murdering. It la now increasingly recognised that the teaching profession shoo'd bp a corporate body, in the interests of tho public. This secures the community against the pernicious consequences of unski'led and unlearned men tampering with the minds and morals of our children. Do s not the argument apply to tiro legal profession ?

Wo have bo far suited our reasons for disagreeing with the first clause of the Bill. ’• Wo may add a word in the

ear of aspirants to the legal profession; that, iri our opinion, the Bill, even if it did become law, would very slightly alter their position. The Judges are the examiners. They pass and admit men to the practice of the law. It is very certain (as it is one of the grandest facts in connection with the law), tint our Judges represent the conservative interest of the professiriu ; and they would view the admission of unskilled and unpracticod men with disgust. It is not probable they would lower the standard of qualification. On the contrary they might be expected to raise it so high: as to preclude any but men of very sound, and a good deal of practical, knowledge from , entering the- profession. ‘ And it must be remembered, in this, connection, that the Judges arc not officials whose duties can be subjected to fitful definition, or whose actions are subject to dictation. They have very properly been clothed with large powers, arid permitted to enjoy considerable liberty in the exercipe of;their functions. And besides this consideration; there is another. A person unacquainted with the 1 office work ’ of. the law would, even if he passed the examination for admission, be very much at sea. He could neither draw up, ‘nor supervise the drawing up of, the many documents he would have to prepare.

We do not believe this Bill will pass. But we do believe that the discussion arising out of it will have a most beneficial effect upon the position of the public with regard to the law. For it has emanated from discontent with existing conditions. A little reflection and a cursory review of the case, shows us that the mode of procedure in our higher Courts, is needlessly difficult and costly. To obtain a hearing in the Supreme Court, there are tedious and expensive forms to go through. We have seen some shameful bills of costs, by the way ; but it is to the credit of the profession that lawyers themselves have frequently denounced excessive charges and difficult procedure. What we want is as wide and common an entrance to. the highest judicial tribunals, as to the inferior. And this agitation will probably hasten such reform. If it does, ithe Bill will not have been put forward in vain. With regard to the second clause, which gives liberty to any person (authorised by either party to ;a suit) to conduct a case in Court, it is difficult to, perceive whom this is intended to benefit, and in what respect. As a rule, and with very few exceptions indeed, the unqualified pleader would be apt to land his client in a good deal* more expense than a regular practitioner. A man might know all about his case, and yet be very ignorant of its legal bearings. In the legal profession there are, as in every other “ line,” men who have clearly mistaken their vocation, who can scarcely ever open their mouths without “ putting their foot in it” to Use an , expressive phrase. But there are far fewer of these in the profession, than there are among the laymen of men fit to conduct a case in Court ; and if the conducting of cases were thrown open to all and sundry, we venture to say the public would find themselves very considerably out of pocket in the long run (having to pay for these lay advocafes’ legal education) ; the time and energy of the Court' would be unduly and vexatiously taxed in the effort to keep order among the brazen claquers who would be bursting with eagerness to distinguish themselves ; and business would be hampered and delayed by unseemly brawls and the talking of balderdash. The , thing wants only to be looked at, to be pronounced unworkable. We know there is a class, a very limited one, of persons who possess learning, talent, and general qualification of a high, order, who say : “ Why may not I shine and prosper in the practice of the law ? I could make quite as good a show as so and so, who calls himself a lawyer.” This may be so, but these men are really not suffering any hardship. They should have begun at the foot of the ladder, and they themselves will be the very first to own this, on mature corisideration. The man of culture will always be the last to advocate incapability and assurance shoving to the front ; for he knows how little can be done in any walk ofriifc, without a foundation to build upon and a training to render proficient.

We have expressed our opinion of this Bill, solely in the interests of the public, which we believe to be threatened by it.' There remains, one argument which will commend itself to most men of thought and intelligence, outside, as well as in, the legal profession. It is this. The existing conservatism ensures, or virtually so, the admission to the ranks, of educated gentlemen ; the cultivation of an esprit de corps ; the observance of a code of honor and morality. And these are not to be sneered at, as elements in the profession. They must tend alike to dignify and purify it. We doubt very much whether the admission being made in the manner provided by this Bill,.would tend to the maintenance of these desirable features. But we do know most certainly that when they vanish out of the profession it will be time all honest and able men quitted the law for evet*.

A society is iii course of formation in Christchurch, for the prevention of cruelty to animals : not before it was required. Circumstances fully justify the formation of a branch of such society in Tiraaru, Occasionally we hoar of the police proceeding against some inhuraah riders or drivers, but it is impossible that they can observe half the cases of cruelty and torture practised upon helpless animals without the slightest provocation. A very reprehensible custom, too, is that of allowing juveniles to assume control of horses, whose unfitness for such a respousibilitycan.be judged by any one who -may chance to be abroad when? the milk carts are made to travel, to the imminent peril of pedestrians,' animals, and. drivers. Such cases arc of daily occurrence, but providentially they have not yet resulted in serious accidents. Nevertheless, the pernicious practice is of daily occurrence. Taking a charitable view of the mutter, it

is high time a society for the prevention of cruelty to animals was established here, and we should be failing in our duty did we neglect to urge the necessity for immediate action in this direction. The fact of such a society being known to exist, would act as a strong deterrent,, and were one or two examples made of those who persistently abuse crea tures.inferior to them in intellect, a noble end would be achieved. Should /private enterprise fail to deal with the matter, there is no reason why some public body should not discharge the functions of such a society. It is a worthy cause, and one demanding immediate attention.