E.—7a

46

Further, what is now styled by the legal profession " the back-door entrance " was opened, and any solicitor after five years' practice as a solicitor or a managing clerk can claim to be admitted as a barrister. In some of the American States the extreme democratic view went even further and resulted in the absurdly humorous position in New Hampshire, Wisconsin, Maine, and Indiana that " every voter was entitled to be admitted to practice in these States merely on proof of good moral character." While three of the above States have now repealed this provision, the Indiana privilege was, unfortunately, embedded in the State Constitution, the amending process of which is so difficult that no means has yet been found to dislodge it."* In our judgment, the true democratic view is that the community should be able to command the services of well-educated specialists as its lawyers; that their training should be calculated to produce broadly and thoroughly trained experts; and that the facilities for education provided by the State should be such that this professional training is within the reach of all, without respect of class or financial position. New Zealand provides so liberally for education beyond the primary stage that any young man or young woman of ability who is prepared to make a reasonable sacrifice can, with the help of " free places " and scholarships, obtain entrance to any calling which demands as a qualification a course of higher education. We are of opinion that legal education in New Zealand should be brought into line with legal education in other countries, and that the prescriptions for general scholarship, legal knowledge, and training in legal practice should be added to and made much more satisfactory. While the student taking the LL.B. course must, in addition to his Matriculation Examination, pass in Latin and in English or philosophy at the pass degree stage, and also in his law professional subjects, it is possible for a barrister to be admitted who has not passed in Latin and in English or philosophy as prescribed for LL.B. As for solicitors, their present culture test is that of the Matriculation Examination (including Latin) or a special examination in general knowledge for which the matriculation test is regarded as an equivalent. It cannot be stressed too strongly that such requirements are inadequate for both barristers and solicitors. A good general education is invaluable to the young lawyer. Tt not only gives him the mental discipline acquired from and perfected by the liberal studies, but it is a corrective to " the dehumanizing effect of technical efficiency pursued as a single aim.'' It is, accordingly, not enough to demand an entrance qualification passed at the age of sixteen or seventeen years ; some liberal studies should be kept up during the university course. Otherwise, the student is deprived of something which is not only of as much value to him in his professional work as his technical training, but which if once dropped is not likely to be resumed, for. unlike technical training, it is not added to day by day by his daily experience as a practitioner. The custom of some universities of requiring the B.A. degree as a preliminary for the study of the professional subjects of the LL.B. degree has much to recommend it, for the mental habits engendered by liberal studies are an appropriate foundation for the more vocational studies. The New Zealand practice of allowing an immature student to take his law professional examination and later to take his general knowledge test is surely absurd and shows little belief in the need for general culture as a basis for professional study. It is to be noted that the New Zealand LL.B. is granted after a three-years course, and there is no stipulation as to a further course to be served as articled clerk. In other words, a student may become a practising barrister in three years. In Melbourne the course extends over four years, with a further year of articles ; in Sydney it takes four years, or, in the case of students taking a B.A. as preliminary (a very usual course), five or six years, followed by a period of articles. Mr. J. B. Callan, jun., the representative of the Otago District Law Society, after advocating the establishment of a Council of Legal Education on the model of that entrusted with the organization of legal education in Victoria,

True democratic view.

Legal education in New Zealand of too low standard.

Importance of liberal studies in professional education.

New Zealand training compared with that of Sydney and Melbourne.

* The Carnegie Foundation for the Advancement of Teaching : Training for the Public Profession of the Law. Bulletin 15, p. 88.