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The Daily News. THURSDAY, FEBRUARY 1. CHEAP AND EASY LAW.

" A man who is his own lawyer, litis a fool for hi.s client," ilost people think this is true because it sounds smart. On the other hand, " a fool ami his money are soon parted " just as easily where a man has engaged a lawyer other than himself. Among a large mass of chaff representing the suggestions a branch of the Trades and Labour Council intend to inflict on the 'Christcliurch Conference of that body at Easter-iime, was one good fat ear of corn. To be plain, the published programme included a suggestion that the State should establish legal bureaux and appoint public defenders. The State has already made much possible litigation unnecessary by the establishment of the Public Trust Department - one of the most useful departments the present Government has established.

Ai/ruoucii there is a large amount of misconception as to the heavily-gilt nature of the lawyer's profession, the fact that a prodigious number of our young men pass into the ranks of the profession every year proves that they think there is a fine fat living in it. No lawyer, when he has been admitted for a year or so, will admit so much, and it is besnuse the people see an isolated lawyer driving a motorcar, or buying expensive properties, that he comes to the conclusion that there is unlimited wealth in the profession. The law is a mine, of wealth to the much-sought-after counsel, but the " m-s-a" counsel can be counted on the fingers and toes of one person, as Far as New Zealand is concerned. Many not-niuch-souglit-after counsel might make a better living " milking on shares." * * # *

Lawyers naturally desire much lit gation, and as there are so mai

needy " six-an'-eightpennies " about, there is a larger amount of litigation than is at all necessary, and a greater confusion among people not learned in the law than there should be. The fact that n very large proportion of the gentlemen'representiug the people in Parliament are of the profession is no guarantee that we shall have fewer or less confusing laws, and, indeed, it is the parliamentarian's plan in this, as in most other countries, to obscure meanings in a mass of verbiage that was out of date, as far as daily usage is concerned, several hundred years ago. . The person who is obliged to have recourse to the law, does so with fear and trembling at present, and many poor people who might have wrongs redressed by the law, dare not take action for fear a lawyer may win his client's case—and leave nothing for the client. * * * #

The statutes of New Zealand, and the statutes of most other countries, are made for the people, but usually for the lawyers, who alone, for some imfathomerl reason, are commonly supposed to be the only persons capable of comprehending the intentions of a body of men individually not so gifted as themselves. Which is very quaint, and not as it should be. Our judges most frequently allude to the entanglements of the law, and are absolutely unable to fathom the intention of the Legislature. It is obvious that the matter a learned judge cannot comprehend is a veritable " pons asinorum " to the unlearned litigant. Hence lawyers are necessary to explain to learned judges the meaning of the Legislature! * # * * When a man goes to the Public Trustee, be is absolutely certain that that gentleman cannot benefit by any transactions the parties may have with each other, The work is not delayed, there is a minimum charge—simply because the Trustee is not breaking his neck to make a living and put clients' money in the bank and the client begins to think the law is not such a bogey as it looks. If there were public law bureaux, there would be fewer lawyers possibly, and the other learned professions might benefit by the brainy recruits who abandoned the pursuit of pounce, wafers, silk, and sealing wax. On the other hand, if the people could get cheap law they might overdo the fascinating pastime of going in for litigation, just as the lodge-patient must have medicine once a week, because it is free.

We make a suggestion. It is that at some future session of Parliament nothing be done but tiie oveihaulir.g and simplifying of existing laws In numberless cases, there are half-a-do/.cn Acts anil two-score ilill'erent sections relating to one matter, each Act or section putting a dill'erent complexion on the question. So complicated are many of the laws, that the average J.l'. has even been known ; to admit ignorance of their meaning. If this does not induce the Justice Department to simplify the existing law and establish these suggested bureaux, no argument of counsel could possibly avail. It is rather a remarkable fact that the honor for origination of the scheme for the establishment of these bureaux is a lawyer's. Mr Jellicoe, the ex-Wel-lington barrister, made it a plank in his election platform when he stood for a seat in the House of Representatives. Such single-souled, unselfish endeavour on behalf of the people is worthy of copy by all the barristers and solicitors now in the House. It is unknown whether Mr Jellicoe, at the lime of his suggestion, contemplated leaving New %e& land as he has done. Still, there is a chance here for a noble self-abnega-tion that is typical of [the prol'esfession to which so many of our most eminent parliamentarians belong. ,

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/TDN19060201.2.5

Bibliographic details
Ngā taipitopito pukapuka

Taranaki Daily News, Volume XLVIII, Issue 8042, 1 February 1906, Page 2

Word count
Tapeke kupu
913

The Daily News. THURSDAY, FEBRUARY 1. CHEAP AND EASY LAW. Taranaki Daily News, Volume XLVIII, Issue 8042, 1 February 1906, Page 2

The Daily News. THURSDAY, FEBRUARY 1. CHEAP AND EASY LAW. Taranaki Daily News, Volume XLVIII, Issue 8042, 1 February 1906, Page 2

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