The Gazette 1946-49

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 40