ADMISSION TO THE BAR.

Otago Daily Times, Issue 14283, 4 August 1908, Page 4

ADMISSION TO THE BAR.

. ■ -v/ XfiULV. Generai. satisfaction will be felt ailiong the higher branches of tho legal profession nt' the prospect of the early enactment of legislation whereby what is known as the " back door 1 ' to the Bar Of New Zealand will be closed. And the Community as a whole should share in that satisfaction, since it caiiuot possibly be .regarded as being in the public interest that there should be any permanent lowering of the status of the barrister's profession, it can hardly be doubted that the status of the profession has actually suffered through the operation of the ill-con-sidered legislation of 1898, whereby any solicitor of the Supreme Court, of good character, after five years? practice either as a solicitor tin his owii account or as a managing clerk to a solicitor) became eligible for admission, without further test. Mr Galian pomted out in the Upper Houfee, in supporting the second reading of'the Bill which tho Attorney-general has submitted to Parliament for put-ting a stop to what he described as the "unearned' privilege of the higher qMifif cation, 1 ' that the peWoriiiaiiee by a solicitor of the duties of his profession constitutes lib test of his qualifications as a barrister. So loitg ns tho.law remains k rts it is, feefoi'ij, admission to the Bar is liot Restricted to tlioEe who have pVoved that thev are fit to practise as barrister*. Wo do not doubt that there is ft great deal of truth in what Mr Cnlltm says When he declares t-hht 11 a solicitor on his first being admitted- has a much greater chance of achieving success as'a barrister than after ho has gone through these five yoars, day after day and year after year, doing solicitor's work, because lio into a groove which it is difficult to get out of," and that consequently tiio awWtewa young wan

oven now prefers to win Mr way to'thfl Bar through the old channels that demand a test of his qualification rather than dawdle away his time until he shall be at liberty to' demand admission by reason of his service as a solicitor. Tim* is, however, not so much the point as the fact that the law as it at present stands offer!?—m the words of the Attorney-general—a premium for negligence, sluggishness, and Want of competence. The Bill, which proposes to discontinue tho reward that is at present offered to those who either cannot or will not .satisfy the examination test for admission to the Bar, is, therefore/ to be welcomed, and we regret that- tho .societies of law students of th-„ Dominion should have identified themselves with a proposal which, if accepted by the Legislature, will delay for two years the operation of a, necessary reform. The Attorney-general ha,s made provision in the measure for th preservation of the rights of any person who, ha.s already been admitted as a solicitor and is awaiting the termination of the period of five years in order to apply for admission as a barrister. The law students' societies are urging, however, that the "unearned privilege" should be reserved also for any persons who may be admitted as solicitors within the next two years ind who may comply with the requirements of till existing law. To yield to this |, plea would, it seems to us, be distinctly weak. If tho Atteruey-general's proposal is founded on a sound principle, as wo believe it to be, there is no reason why i it_ should not, save with regard to existing rights, receive' immediate application.