SOLICITORS’ COSTS

Greymouth Evening Star, 29 June 1925, Page 3

SOLICITORS’ COSTS

1* EES IN BYLAW CASES, AUCKLAND, June 25. A Question of counse.s' costs in byaw cas<s v>.ts the subject ol some plam jpeaking by Mr. E. K. Hunt, yesterday. It is the custom in tue Police couit for solicitors appearing on befiaif of prosecuting local outlies in bylaw cases io be gianted a guinea fee lor each case m wmeh mey obtain a conviction. Further, it is customary ter tue same fee to be granted on every conviction against tue same person. For instance, if lour separate charges, each arising out of the same set of [acts, are preferred, against one person, the solicitor is usually granted a guinea . on each of the charges, wmeh means that a person may he lined 10s on the fir-t charge only and convicted and discharged on the others, but by the time he has finished paying the solicitor’s fees plus the small fine plus the Court expenses, he is at least £5 out of pocket. In the case of the Crown it is even more unfortunate for the law-breaker, for every,, time the Crown Solicitor appears for a prosecuting. Government department he gets £3 os, and is entitled to that on each separate charge against one person. As an example, a man may be fined £2 on each of three charges of picking oysters.

out of season. That means that he is fined £6 and costs, but he pays over Mr. Hunt proved yesterday that he does not favour this disproportionate practice, which has often been unfavourably commented ypoii by members of the public. Mr. Hun' heard seven undefended bylaw cases brought by the Mount Albert Borough Council, for whom Mr. Terry appeared. After the first case had been heard the question of solicitor’s fees was mentioned, and Mr. Hunt asked how many cases Mr. Terry had. Counsel said that he had seven. Mr. Hunt: “I’m not going give you a guinea on each of them.” Mr Terry said that it was usual to do so. However, if the Magistrate ruled otherwise, he thought that he should receive 10s 6d for each case. Mr Hunt: “If the cases were defended I might give it to you. Even the Citv Council doesn’t ask for such fees. lam not going to penalise a. man who is fined a, small amount- 1 1 allow you thiee guineas, to be divided up amongst the seven cases.” Later a youth was charged with riding a bicycle on the footpath. He pleaded guilty, and was fined 10s, the whole matter taking less than a minute. To "the solicitor Mr. Hunt remarked: “Did you expect to get a guinea out of that?” And again when a small boy was convicted and discharged for a similar offence Mr. Hunt said: “Perhaps you want a guinea from him too . Tn making further reference to his attitude at a later stage, Mr. Hunt said: “If the Borough Council likes to employ a solicitor for trivial cases like these, it can pay them.” It should be mentioned that grant-

ing of solicitors’ fees in these cases is purely a matter for the Court s disci tion. ' So far as the Crown Solicitor is concerned, he does not always ask for a fee on each charge if the charge be trivial, but where the cases are involved he is entitled to his fee on every charge. For instance, in the evasion o [income tax prosecutions there is considerable work to be done, and if four charges are preferred against the one defendant £3 3s would then be claimed on each. Commenting editorially on the matter. the “Star” says: “This piling up of costs has, we understand, been the subject of a. good deal of comment, even among those who benefit by it. Mr Hunt broke away from the custom by his ruling. We do not think there will be any outcry in the profession against the Magistrate’s stand- Costs can be too heavy, not only for the offender but for the conscience of the lawyer.”