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Legal Education
-.. You will see from. our Report that far-reaching
changes in the education of our apprentices are
contemplated. Many of them must await the enact
ment of our Bill. Some of them may be carried
put under
the
existing
law. One
interesting
experiment has just begun in the form of a few
special lectures to apprentices on certain professional
matters, to be given by members of the Council.
The degree of control by the Council over the
training afforded to apprentices by their masters
is also in course of being increased by requiring
Certain questions to be answered twice instead of
once in the course of the term of apprenticeship.
Occasionally, I fear, there are instances in which
the obligation to teach the apprentice is not taken
as seriously by the master as the nature of the
relationship would warrant. No course of study,
of lectures or of examinations can substitute for
the daily practice of a solicitor's office as a means
of grounding the apprentice in the practical details
of his work and the acquisition of a conscientious
professional attitude towards the interests of his
future clients. If this were not the case, the whole
institution of apprenticeship could be abolished
and admission to
the profession secured by a
course of study leading to a law degree. A moment's
reflection shows that this would lead to the young
solicitor acquiring 75 per cent, of his knowledge
after qualification by trial and'error at the expense
of his clientele. What the public interest, as well
as that of the profession, calls for is a small number
of hard-working apprentices
in
the offices of
experienced practitioners for a
longer
term of
years, such as the Bill will provide when enacted.
One part of the prescription is likely to be forth
coming if our fight on the remuneration front is
unsuccessful, the smaller number.
Apprentices' Debating Society
The Council continues to watch over the interests
of the Apprentices' Debating Society. Even now
there seem to be apprentices who do not understand
the importance to their future success of partici
pation in this Society. The District Court and, in
a measure, the Circuit Court call
for advocacy
by solicitors. The first requirement of an advocate
is readiness in debate. Every master should make
it his duty to see that his apprentice does not neglect
this side of his training, which obviously cannot
be carried out in the office.
Solicitors as advocates wearing gowns
Incidentally, I hear that our profession tend
less and less to conduct their clients' cases personally
in the Circuit Court. I think this a mistake. We
fought hard for the right, we ought not to let it
go by default, and it is plain that there are many
cases where the saving in costs
resulting from,
the solicitor acting as advocate (in a suitable case
of course) would go far to reduce the cost of
litigation, swelled as it is so often nowadays by the
costs of expert witnesses, whose fees go into the
bill for which the public blames the unfortunate
solicitor.
I have raised on a previous occasion
the question of the wearing of the solicitor's gown
when appearing as an advocate in any Court.
I
have not changed my opinion as to its desirability.
The Council had circularised the Bar Associations
to ascertain
their views;
they are divided.
I
suggest that, in the areas which favour the gown,
it should be adopted as far as possible.
I admit
the difficulties. It may be impossible to get a gown
and it certainly will be expensive,"but it should
be possible in any area, if a sufficient number of
orders be forthcoming, to make an arrangement
for gowns to be made at a reasonable cost.
In
view of the difficulties and the want of unanimity,
it is not a matter for making rules at present.
I
hope a beginning will be made, as
I remain
convinced
that
this distinctive badge of the
solicitor-advocate would raise our status in the eye
of the Bench and the public.
State of Court buildings
Judges of the Circuit Court and Justices of the
District Court continue to complain of the barbarous
state in which many Courts in the country are
allowed to remain, to the danger and discomfort
of the public and the profession. This is one
more matter in which solicitors entering public
life could strike a blow in the general public interest
as well as
that of our profession.
Solicitors' Bill
We have not the progress to report in connection
with our Bill which was hoped for when we last
met. We believe it is in Parliamentary Draftman's
office. Now that the flow of legislation appears
to be adopting a more leisurely tempo I hope my
successor may have the pleasure of having it enacted
during his tenure of office.
Negotiations by insurance companies
Many important questions have been ventilated
in our GAZETTE which goes monthly to all our
members.
I draw attention in particular to that
of negotiation with
insurance companies, where
there is or may be a solicitor concerned on the
other side, referred to in the May issue. This
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