LAW PRACTITIONERS ACT

New Zealand Times, Volume XXX, Issue 6493, 13 April 1908, Page 9

LAW PRACTITIONERS ACT

A CHUIOIJS T.KOAI, 1)1 FfTCUI/TY. \ ,■;,?;(• wliHi l< of "on Hil'-nibb* interest In iri'Miilifis of 1 In’ l<voil |irofrt-.-:ion c.'snio on bol'ori* bin Ikonor M r • > 11 >-1 j * • ? i i.(Af\nv on Bat,.iir<liiy morning Jn Dm foriri ot a motion rtiippoilrb l»y •■ l| ' I‘MI f f >r *-b° oiimisfnon of Mr F. H. i’ntmi’n (who is a solicitor) as a bnrriKtor of flic Supremo Bourt of Now /jOJilnrnl, 'I in- me'ion wan ma/lo umfor section two of Hie f.:r.v AH A mmol men I, AH of UJ‘jr-i, which romlrt .'is lollowh: Hvorv solicitor of the* »Suproina Hourt no(; ;ulmlD'M an a ba.iTu:l f r shall ho wil.ifliHl !o ho admill".! an;l cnrolliM. ami fl> proofifv* as a Im.rrmt-'r ef t!i-*J: lonrl on applied kn !<> a J mlg' l if the .Imlgn is safisfk'l (hut Dm npplicant: is of good ciian's.U-r, and for at h ast livo year;-: continuously next: prcmlmg I.lmh kilo of application ha.s born in aotivo practice a« a solicitor or a.s a mann-ging clerk lo n- wdicrlor, ami has himoou (won a *o!kkor during such period.

Mr HnDin.m is a solkitor of sotna four /oais’ standing, afiri Inus been for uj>Vards of live years managing clerk lo Mr V,. I>. Jkdl, of Mwsrs boll, Dully, >• 1!, and iVLyors,

Tho application oarno ho fore Mr .TuHko Cuopor in Dhamboirt a few days ago, ijjid was adjourned, because hi.s Honor woo doubtful whether a gentleman who hiwl occupied the position of managing dork to ono of the members of a firm of Polieilr>r« wlio had charge of a. (orlain brancli of the- linn’s bun moss could ho projiorlv regarded art tne managing clerk of tho linn.

Tfis Honor, when the enso was called tm lSr.itiirelay, t;aiti Mr l 01l would have to file affidavits setting out what chort of work Mr Putnam had been doing in eonuocllcm with Die business of Messrs J>oll, Uully, Bell, and Myers, and what j-osition ho occupied in regard to Mr Krmsl 8011, and to tho linn, as it was judicially within uio knowledge of Die Con.rt that Mr Mr nest boll was not practising ns a solicitor on lib* own account, but as a partner in the firm, and that Mr Putnajfi was employed by tho firm. Mr Fell contended tnufc tho applicant could bo admitted as a barrister as ho had boon a managing clerk, controlling a. {KU'tion of the firm’s business. If Dio admission of a managing clerk were, dependent upon his Hinployment by an individual solicitor the- operation of the Aot would of necessity be restricted in its application to the olnecs of solid-ton; in a smaller way of business. Jn the logger offices there were managing clerks who locjkod aflcr the various hranriics of tho linsinre.-; Kturh as conveynncy, common, law, and the nl hor departments of legal work w'Jiich a solicitor was called U|>on to deni with, and it was submitted that if it Wdfi shown Unit a gentleman bad laid charge of one of those departments bo had iierfonned work of tlio standard required by t he. statute and was eligible for admission. Ilia Honor; Then upon your ooiiKtnio tion you coukl liavo half a dozen managing clerks—common law*, conveynncy, tlio lonnnorcinl brandies o. the ‘ biin'incsw, I’oilieu (■mill:, rpnl Magistrate's Court Work and what not. Mr Keli: Yes, I submit that it, is no. And tho gentleman who laid charge' of line of theso branches in n large firm would gain more experience than if ho was managing clerk in a small office. Jim Honor said it was no doubt a matter of considerable importance lo tlio largo legal linns throughout the Dominion, but it was also important Chat tho legal I'racfcionoiH Act Amendment Act should not 1 bo enlarged beyond its proper fiC.O[X‘. , Afr bell pointed out that tho question or i the moaning of the words managing _ dork” Inal arisen in kingland, and it had bectn decided that lie was ono who could take tho place ot Ins pirn cumin in regard to matters that were ponding. His Honor thought thorn could only bo one managing clerk for if that point wore stretched (here might he others in mi Other who were comnefenl, lo take in-I rtruetions in a suit, i (ut tho , 11 .. u1 .., g i, ng ‘ wan tho‘ person who managed or controllod the office, and 1 was ifuletd the alter ego of the members of the firm, iho applicant in this c.n«o would have to show that ho 1 caino talrly under the Act or to eontmiie. to practise as a solicitor for tho period specified or pass the necessary examinations. Leave would ho given to him to tile further affidavits mill judgment would bo postponed until ihat was done.