MR HUTCHISON AND THE LAW PRACTITIONERS BILL.

Evening Star, Issue 7385, 3 December 1887, Page 1 (Supplement)

MR HUTCHISON AND THE LAW PRACTITIONERS BILL.

TO THE EDITOR.

Sib, —Mr Hutchison has, in his address to the Protection League, alluded to the Law Practitioners Bill, mentioning my name in connection with it. Mr Hutchison did not profess to deal with my views on the subject, as they were unknown to him. Personally I would not care a straw whether this P> 11 passed or not, if a few clauses were added to it. Ido not agree with those members of my profession who think it would result in swamping tho profession or considerably increasing its numbers. I may add that I have exchanged views on thi i point with a good many lawyers, most of whom assent to this. The effect of the me.sure is to lower the stan“ dard of the profession, but not really to affect those now in it. Tho mode of admission to the profession war radically altered by tho Act now iu force, introduced by the present AttorneyGeneral in 18S2. and Sir George Grey’s Bill only goes a small step further. Now, what I ask is this ; That, concurrently with the lowering of the standard, it shall be raised or restored, and that those who are who are sufficiently ambitious and industiious shall have the option of adopting the higher standard. It is quite true, as Mr Hutchison says, that restrictive laws of the kind are protective, but they are designed to protect the public, not the profession, and aro to be esteemed useful only when they aim at With the solitary exception of the legal profession—and that only in New Zealand, at the bidding of one persistent, thougli well-meaning man—the tendency has been for many years in the direction of raising all professions, thus—1. In Victoria, where the professions are separate, every local barrister must be a graduate of the University of Melbourne, or some university recognised by it; and every solicitor’s clerk, before entering into articles, must pass the matriculation examination in six BU a New Zealand, and elsewhere, dentists must attain a certain standard. Until 1880, this profession, involving high skill, was absolutely open. 3. In the same countries druggists must do the like. Their examination includes a test of their knowledge of the Latin language so obnoxious to Sir G. Grey. 4. In New Zealand a mine manager must now produce a certificate after examinat ion before receiving an appointment. These requirements l ave been gradually stiffened, and this without the slightest regard for the claims of profession, though most undoubtedly with tlicir santiou and approval. The members of the professions I have mentioned aro proud of the sanction tho Legislature lias given to their status, and should they be dubbed selfish if they struggle to maintain it ? Now, what is the position of a New Zealand lawyer compared with a Victorian lawyer? Tho man with the highest qualification the Courts of this Colony can confer upon him—though he may be superior in legal attainments to the greatest lawyer iu Victoria—would not he allowed there to take the position of articled clerk to a solicitor, unless he had some ether formal qualification for that position, still less would he be admitted as a solicitor, still less called within the bar. A humdrum Now Zealand solicitor of the oldfashioned sort, who had served articles, might bo admitted in Victoria, but for a slight obstacle which our Judges might, and, if asked, probably would remove; but articles are out of fashion now, and the removal ot this obstacle would only benefit a small class. But our barristers are absolutely excluded from the Victorian Bar. The law of New South Wales as to the admission of both barristers and solicitors is, I believe, identical with that of Victoria. l ow, lam perfectly willing that Sir George Grey’s Bill should pass-if my willingness is worth anything —if he will add to it an alternative standard, on the faith of which those who choose io adopt it may hope some day to obtain reciprocity with the great colonies of Australia. I have good reason to think that really brilliant offers would occasionally be made to New Zealand lawyers, who, from their mode of practice, are posse-aed of far more legal knowledge than Victorian solicitors (though presumably not more than Victorian barristers), if their qualifications were wo r th anything. The Victorian Bar has reciprocity with England and New South Wales. It would Jose this the moment it lowered itself to admit New Zealand barristers, and it is not likely to do this. Thus we are absolutely isolated from England and the great Australian colonies. Sir George Gray’s Bill, as now drawn, threatens to make this isolation perpetual and hopeless, I have read a good many debates on this mbject, but I am sorry to say I have never scen it treated from this point of view. Prejudice against lawyers is the keynote of many speakers; if grounds for this prejudice exist they will not be removed by lowering the standard. _ As for the examination, I think a good preliminary examination of far more real importance than a law examination. It excludes absolutely ignorant men, while a law examination may be crammed up, and in any case has little or no ultimate value, unless coupled with a recognised systematic course of study,—l am, etc., Fred. Chapman. Dunedin, December 2.