AMATEUR LAWYERS.

New Zealand Herald, Volume LXIII, Issue 19405, 13 August 1926, Page 12

AMATEUR LAWYERS.

A FAULTY AGREEMENT, JUDGE HAS NO SYMPATHY. It hfts been said that a man who acts as his own lawyer has a fool for a client. Judge Moule indicated in the County Court in .Melbourne the other day that people who drew up, legal agreements without the assistance of a . trained legal mind could expect no sympathy from him.' Messrs. McArthur and McLeod, stock and station agents, of Melbourne, brought an action "against J. Thompson, of Tliorn,bury, claiming £369, money alleged to-be due under an agreement dated January 13, 1926, whereby the defendant agreed to indemnify the plaintiff firm against any lpss which might arise .in consequence of the firm having extended the credit of defendant's son. Counsel for the defence, Mr. Ah Ket, took the objection that the agreement as it stood was not sufficient to support , a guarantee, and that, in fact, the plaintiff firm had suffered no loss. Counsel for plaintiffs, . Mr,„ Stafford, then amended the claim in such a way as to rely upon an agreement partly verbal and partly in writing. Mr. Ah,Ket further objected that the amended claim was a contradiction of a written document —the original agreement, which was in writing. Walter McLeod, a member of the plaintiff firm, said in evidence that at the time of the agreement Thompson, jun., owed the firm £520. At the date of the action Thompson, jun., owed the firm £329. Judge Moule said that, in fact, the plaintiffs had suffered no loss from having extended credit to the son. Mr. Stafford asked that the parties should not be held by the written agreement, but that the Court should consider the written agreement as added to by the verbal agreement. The agreement was not drawn up by a lawyer. Mr. McLeod : I am glad that I am not a lawyer. Judge Moule: That is an impertinent remark, and a reflection upon an honourable profession. Witness: I apologise. I did not mean to reflect. Judge Moule: Lawyer or no lawyer, if two,people are foolish enough to sit down and think that they can draw up an agreement without lawyers they must abide by the consequence if the agreement does not convey their intention. The Court will assume that, the parties intended what is the plain meaning of the words used. The plaintiff will be non-suited.