SOLICITOR ACTING AS AGENT

Southland Times, Issue 23498, 3 May 1938, Page 7

SOLICITOR ACTING AS AGENT

OBJECTION UPHELD BY COURT (United Press Association) WELLINGTON, May 2. When a practising barrister and solicitor who was also a union secretary appeared as an agent in a clerical workers’ industrial dispute in the second Court of Arbitration today, an objection was raised by the workers’ agent, Mr W. N. Pharazyn, that this was contrary to the practice of the Court. The objection was upheld by Mr Justice Hunter, who cited a decision by Mr Justice Chapman in 1904, which ruled out as an agent a non-practising solicitor. It was explained by the solicitor concerned that he had been elected as secretary of the Wellington Public Accountants’ Association, an industrial union. He had not been briefed nor was he receiving any fees, but was in Court for the present case for the association for exemption from claims for the award. I Mr Pharazyn pointed out that it was not the practice of the Court to allow members of the legal profession to act as agents. . Mr Justice Hunter cited , the decision of Mr Justice Chapman in 1904, in which a town clerk, who was a solicitor, but not a practising solicitor, desired to appear in an industrial dispute. The Court ruled that it was contrary to practice, but that he could be present to assist. His Honour added that a solicitor could appear in interpretations, enforcements and general matters, but not in a dispute. The president of the union subsequently acted as agent.