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The Metropolitan and Provincial Law Association.

(of the firm of Crossley and Sudlow); R. W. Whitlow (of the firm of Whitlow and Radford); James Street; and Thomas Taylor (of the firm of Rowley and Taylor). At Wrexham John Lewis. At Ruthin: Joseph Peers. At Denbigh: Thomas Evans. At Newcastle-uponTyne: William Crighton (of the firm of Griffith and Crighton).

The Committee, thus constituted, has just issued an address, from which the following is extracted :—

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port the result to a future meeting, a committee was appointed, who having, in the discharge of their duty, instituted various inquiries, and collected a large mass of information, on the past and present state of the profession, and the encroachments which have been made, especially in modern times, upon its rights and interests, and ultimately upon the rights and interests of their clients, made their report to a general meeting, which had been previously appointed to be held on the 25th March.

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'After a full consideration of the report, it was "The attention of the public and of the legal the purpose of promoting the Interests of Suitors, resolved-That an Association be formed for profession has been of late years powerfully attracted to the state of the law and its adminis- and the better and more economical administra tration, and many important changes have been tion of the Law; of obtaining the removal of the made in both. Of the alterations in the law many and serious grievances to Solicitors and, itself, some are highly beneficial, others of through them, to the Suitors, and of maintainquestionable merit; but the changes which ing the rights and increasing the usefulness of have been introduced into the administration of the Profession.' That this Association be called THE METROPOLITAN it, have too often been hazarded, without suffiAND PROVINCIAL

cient inquiry into the causes which may have led to inconvenience or injustice, and without adequately weighing the effect of the proposed remedy.

"A course of crude and experimental legis lation, which unsettles the administration of the law, without improving it, is injurious to the interests of all classes of society, and is peculiarly embarrassing to attorneys and solicitors, who have to contend with the difficulties of a fluctuating and defective practice. In com non, therefore, with the rest of the com

munity, and indeed in a much higher degere, they are interested in promoting sound and well-digested reforms; and, as the sole representatives appointed by the suitors,-charged with the protection of their interests, and essential agents in carrying out whatever in those reforms, or in the general administration of the law, is of public utility,-they might fairly expect that their experience should be consulted, that their own position should be maintained and improved, and their rights as a profession, protected.

"The conviction that their just claims, as such agents, have been neglected, or rather improperly sacrificed, and that vigilance and united exertion are necessary for their defence, has long prevailed throughout their branch of the profession.

"To this conviction, the Metropolitan and Provincial Law Association owes its origin."

LAW ASSOCIATION,' and consist of all members of the profession who contribute to its funds a donation of not less than 5, or an annual subscription of not less than 17. That until the first Wednesday in Easter Term, 1818, the business of the association be conducted add to their number, and to appoint local subby the above-named committee, with power to committees, and that future committees of management be elected annually by the members, voting either in person or by proxy."

Such being the origin and constitution of the Society, the Committee of Management proceed to state, for the information of the profession,

1st. Some of the reasons which have induced the establishment of this Association, and of the objects which are sought to be attained.

"If the former state of the profession of attorney and solicitor, even within the memory of many living practitioners, be compared with its present condition and prospects, it will be found that changes have been made, by various legislative and other measures, tending to lower that profession in public opinion, and degrade it from an intellectual to a mechanical employment. The solicitor has been excluded from many of the avenues to distinction which were formerly open to his industry and talents; and most of those official appointments which call for the exercise of the higher powers of the mind, have been transferred, and often to the younger, the inexperienced, and the least dis"On the 11th of February last, a meeting tinguished members of the bar. Thus, attorwas held in London to take this subject into neys have been gradually shut out from comconsideration. It was composed of a numerous missionerships in bankruptcy and lunacy, from deputation from various provincial Law So-presiding in various local courts, and from adcieties, and a considerable number of solicitors vocating the rights of their clients before many resident in the metropolis; and they came to a tribunals in which they were formerly acresolution, That, in the present state of the legal profession, measures should be adopted for raising the character and position, and for promoting and supporting the interests of solicitors.'

The Address then states the course pursued in establishing the Association.

"To deliberate upon these measures, and re

customed to practise; and these changes have been, it is to be feared, too frequently made to promote objects very foreign to legal qualifications and improvement."

The present system of taxing costs is

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The Metropolitan and Provincial Law Association.

"In the early periods of our civil history, the whole real and personal property of the United attorneys and solicitors were required, by several Kingdom. A large portion of it, which is adRules of the Superior Courts, to become mem- ministered by courts of equity and in bankbers of the Inns of Court or Chancery. The ruptcy, meets the view of the community, judges of those days considered them as no un-chiefly by means of the public journals; but fit associates, and thought they saw that the public advantage was connected with their clevation in the ranks of society. Has that policy been continued? On the contrary, the benchers, in recent times, liave considered it expedient to exclude them. Upon what principle, unless that which prefers the aggrandisement of a particular body to the true interests of the public, it is difficult to conceive.

the far greater residue is administered by solicitors, away from the eye of the public. Nor are his services confined merely to the pecuniary interests of the client. An attorney has often to exercise his skil and judgment to adjust disputes and to reconcile the differences that disturb the peace and peril the happiness of families, and to deal with questions that touch the character and reputation of a client, affect his personal liberty, and endanger, it may be, even life itself. In a word, the services they render are co-extensive with the transactions, the rights, the duties, and the wrongs, of all classes of civilized society; and even where the aid of counsel is called in, it is still to the solicitor, and to him only, that the client confides his interests.

"A little reflection will prove, that the character of the profession is not a question which affects merely its members. There can be no doubt, indeed, that the duties performed by the attorney and solicitor are of indispensable utility to the public-to their convenience to their necessities to the wants and exigences of an extended commerce, and an advanced state of civilization. The vast and complicated affairs "If this be a correct outline of the part which of the various classes of society, in a large and the solicitor is called upon to perform, are not wealthy country governed by a multiplicity of the public, it may fairly be asked, deeply inlaws, cannot be well understood, nor safely terested in the character and abilities of so immanaged, without the constant aid of an intel- portant an agent-interested, therefore, that ligent body of men, well versed in the prin- his just claims should be allowed, his rights ciples and practical application of those laws. maintained, and that the education and disEvery new complication of social growth, every cipline which are to qualify him for the skilful advancement of civilization, by the mere opera- and faithful discharge of his duties, should be tion of the principle of the division of labour, promoted and improved? Nor are these submakes such a body more needful. The attorney jects unworthy of the serious attention and is called upon to advise as well on the expe- protecting care of the legislature." diency as on the right of commencing or defending actions; to consider both the legal principles involved in the case, and various technical matters in the outset and conduct of the proceedings, and to anticipate and weigh the evidence by which the client's rights must be finally supported. So, in the institution or These are paid at every stage of a cause, and "1. Taxes on justice in the shape of fees.— defence of suits in equity, the soliciter must be fall in the first instance on the solicitor, but familiarly acquainted, not only with the intricate ultimately on the suitor. The officers of the machinery of practice, but with the nice and court who receive these fees, are not responsubtle principles which have regulated the de-sible for the accuracy of the process which they cisions of courts of equitable jurisdiction. Again, his legal knowledge, experience, and Their duty begins and ends in an operation stamp, or of the pleading which they enter. judgment are required in framing complicated purely mechanical. The suitor derives no wills, conveyances, and marriage settlements, benefit whatever from the payment, and they and in the investigation of the titles to landed estates, which often involve abstruse points, and property of great magnitude. The solicitor is not able, like the barrister, to limit his practice to a single department, whether of common law, conveyancing, or equity; he must possess a general, if not a profound, knowledge of every branch of our complicated and extensive system of jurisprudence.

"It is not generally considered, although the fact is unquestionable, that to the agency of solicitors is confided the administration of the

equally injurious to the practitioners and the suitors; it gives no adequate remuneration to extraordinary skill or labour, and really offers an inducement to the needless employment of counsel, instead of encouraging the attorney to exercise his own talents and learning.

2nd, The committee then proceed to mention some of the evils which embarrass the administration of justice, and are alike injurious to the attorney and suitor.

are to him a mere dry and useless tax. The impolicy of the stamp duties on law proceedings has been acknowledged, and they have been swept away; the impolicy of these taxes on justice is equally obvious. Why, therefore, should they be continued? In the administration of the criminal law, not only are the judges and officers paid from the public revenue, but often the costs also of the prosecutor, his witsuits respecting civil rights, to the occasional nesses, counsel, and attorney. In actions and enforcement of which all property owes its driven, in the establishment of his rights, to value, it is surely enough that a party should be the necessity of a lawsuit, with its attendant expense of adducing proofs and employing attorney and counsel, without being compelled to contribute, in addition, to the general administration of justice.

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has been established against the gentlemen who have held these appointments. Why they should have been placed under the ban of modern legislation, is a question more easy to ask than to answer.

“2. Crude legislation has fastened upon our already overburthened legal code, many illdigested and ill-constructed statutes, the fertile source of perplexity to judges and practitioners, and of litigation and expense to the suitor. We have seen a great deal of our ancient polity "4. Solicitorships to government boards. either altered or destroyed, and yet little sub- Amongst the offices which peculiarly belong to stantial good effected, and all recourse to the attorneys, and of which they have been wholly court is nearly as expensive, dilatory, and op- or partially deprived, may be mentioned sopressive as ever. Among other changes, for licitorships to government boards. These were instance, the relations of debtor and creditor formerly held by attorneys and solicitors, a have been varied, and for this purpose new usage which it required an act of parliament courts have been erected, additional judges ap- to alter (9th Geo. 4, c. 25); and it may be obpointed, and a novel practice established. The served, that, whilst the statute affects to throw course of a few years has shown these altera- the office open, it has most commonly been tions to be unnecessary or inconvenient. Then filled by barristers-how unfitted for many of follow, in a regular train, the repeal of the law, the duties thus thrown upon them, the records the altered practice, the retiring pension, and of public boards, if divulged, would proclaim. compensation for offices abolished. Whether According to the ancient regulations of the the mischief is to be traced to the incompetency Inns of Court, barristers, by undertaking such of law-makers, or the overwhelming mass of offices, would have been disbarred. business which falls upon both houses of parliament, and excludes too often the cautious deliberation that a change in the law, and especially in the powers and constitution of courts of justice, demands; or, whatever else may be the cause, it is surely time that some remedy for the evil were sought out and applied, and that acts of parliament which are to operate such important changes, were framed with care, foresight, and precision.

"5 Exclusive Regulations of the Inns of Court.-By the rules of the superior courts, attorneys and solicitors were formerly required to be members of one of the Inns of Court or Chancery. The benchers of modern times, however, have excluded attorneys and solicitors and their articled clerks from admission into these societies. The reason for this prohibition seems nowhere satisfactorily stated. It surely cannot promote the public advantage, that attorneys should be debarred from advancement in their profession; for whatever raises them in the scale of intellect and honour, must, as already shown, contribute to the public good. Moreover, it is one of the first principles of a free state, that in whatever department of life a man may choose to exercise his talents, his course should be free and unobstructed. The question, how far any private irresponsible bodies should have the sole custody of the key to important branches of public occupation, must ere long have serious public consideration. No other occupation but the upper branch of the law is placed out of all legisla tive control.

"3. Exclusion of attorneys from offices of honourable distinction. By several modern legislative enactments, attorneys have been excluded from public offices which they formerly held. Among these may be particularly mentioned bankrupt commissionerships, lunacy commissionerships, and local judgeships. Again, by the Sinall Debts' Act (9th and 10th Vict. c. 95,) the judges are to be selected from a body whose only required qualification is, that they shall have been called to the bar seven years, such call involving no condition of previous legal examination or knowledge. By this means, contrary to the whole policy of modern legislation, the choice of judges is confined to one particular class, and the public is "6. The Right of attorneys to act as advodeprived of the services of other competent cates, though restricted much within its anpersons who have hitherto presided, and very cient limits, has, until recently, been recogably and satisfactorily, over similar courts. nised in several courts of quarter sessions, beTo innovate upon the rights of the attorney and fore bankruptcy commissioners, and in courts solicitor, and to degrade him from his former for the recovery of small debts. Owing to position, has not always been the prevailing this privilege the suitor had the power of savpolicy. Many statutes may be found which ing considerable expense; and the means of acknowledge the eligibility of attorneys for honourable distinction, conferred by intellectual those judicial situations. In particular, the 7 & 8 and legal attainments, were placed within the Vict. c. 96, and the 8 & 9 Vict. c. 127, autho- reach of the attorney. This right has been rized not only barristers but attorneys to act as gradually invaded and circumscribed within judges in the execution of those statutes; and narrower limits,-a restriction which has alnumerous bills have from time to time, from ready led to a great increase of tax upon suitors, 1827 down to the last session, been brought and, if fully carried out, will lead to its entire into parliament by members of the government, extinction. In several courts of quarter seswherein attorneys and solicitors were proposed sions, where attorneys have till recently pracas judges of the intended local courts. Until lately no objection was ever made to the fitness and capacity of that branch of the profession to discharge the duties of the office, and no charge whatever, either for want of character or ability,

tised as advocates, they have been superseded by barristers; and the legislative security for the right of advocacy before commissioners of bankrupts, which is conferred on London solicitors by 1 & 2 W. 4, c. 56, s. 10, has been

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The Metropolitan and Provincial Law Association.

withheld from solicitors in the country. To which may be added, that under the Small Debts Court Act, 9 & 10 Vict. c. 95, s. 91, advocacy is not a matter of right, but a privilege depending for its exercise upon the mere pleasure of the judge.

levied upon the clerical or the medical profession in any of their several branches, nor upon the higher grade of the legal profession, nor is it proportioned to the extent of practice, and consequent profits, of the class on which it is exclusively imposed. It is a tax, in fact, that 7. Certificated conveyancers.—The Inns of violates, not only the principle of equal justice, court, according to long usage, have allowed their but the established rules of taxation. The promembers to practise under the bar as certifi-fession is entitled to have this method of raising cated conveyancers; but such persons formerly a revenue extended to every other branch of confined their practice to the drawing of deeds occupation, or to have it totally repealed. and other instruments, and advising on ques- "10. Solicitors' fees and emoluments.-Many tions of title. Of late years, however, a new attempts have been made within the last few class of practitioners has arisen, assuming not years to abridge the length both of legal proonly the office of the barrister, in advising upon ceedings, of deeds, and other instruments. It titles and settling drafts, but also claiming to is admitted, and indeed has been constantly transact business for clients and communicate put forward by the proposers of these alterawith solicitors upon conveyancing matters, in tions, that attorneys and solicitors were insufthe same way as solicitors. Now the legisla- ficiently remunerated, even while legal instruture, for the protection of the public, having ments remained unaltered. That their remuthought it necessary to require that no person neration should depend upon the number of should act as an attorney or solicitor without words contained in pleadings or conveyances serving a clerkship of five years, and undergo- very few would contend. The substitution of ing an examination, it is manifestly unjust to the profession and dangerous to the public, that persons not so qualified, and who have not given, and are not required to give, any evidence of their fitness or capacity, should be allowed to practise, and more especially in a branch of the law which requires the greatest skill and experience.

a charge duly proportioned to the labour and skill employed, and the responsibility incurred, would be a valuable boon to the public and acceptable to the profession.

"11. The deficient construction and inconvenient situation of the courts at Westminster.— These have been long complained of as of inconvenient structure and deficient in number "8. Parliamentary agents.-The vast in- and accommodation, not only for attorneys, but crease in the private business of the houses of for jurors, parties, and witnesses. The distance, parliament has brought forward a great num- also, of the courts from the law offices and ber of persons acting as parliamentary agents. places of business, serves to retard the progress Formerly some of the clerks or officers of the of legal proceedings, and interrupts the duties two Houses, and but few solicitors, acted in both of counsel and attorneys. If the courts that capacity. At present, however, not only of law and equity, the chambers of the judges, solicitors, who from a knowledge of the rules masters, registrars, and other officers were of evidence, the laws of property, and the prac- united under one roof, the change would tice of parliament, may be fairly supposed abridge expense, prevent the waste of time, and qualified, but persons who are qualified by essentially promote the efficient administration merely signing their names in the private bill- of justice. Besides these complaints regarding office are allowed to act as parliamentary the courts at Westminster, there is a serious agents. This subject has attracted much notice, appears to be pregnant with public inconvenience, and should be brought before the houses of parliament with a view to some reform of the present practice.

want of accommodation both for the public and the profession in the courts of Nisi Prius in London, and at the assizes and sessions in the country."

3rd. To these subjects and others which might be enumerated,—such as compulsory references at sittings and assizes,-the multiplicity and expense of law reports, &c.— the attention of every practitioner is earnestly invited; and the committee, lastly, state the course of proceeding which, in the outset, they recommend to be adopted.

"9. Unjust and unequal taxation.—The taxes, in the way of stamp duties, which are levied on attorneys and solicitors have long been a topic of just complaint. The stamps on the articles of clerkship and admission amount to 145., and the various fees for enrolment, examination, admission, and for commissions to swear affidavits and act as Masters Extraordinary in Chancery, extend the amount to 1651. Without entering into the justice or expediency of "1. Extension of law societies.-They exhort the stamp duties on articles of clerkship and every solicitor in the kingdom to become a admissions, the committee, for the present, member of one of the local law societies, now advert only to the annual tax of 127. on town, existing or hereafter to be established, in order and 81. on country solicitors, for the privilege that the whole profession may be comprehended of exercising their calling,-an imposition in one general society. Many advantages will which has taken from them ever since the year 1785, when it was first levied, a large annual sum, now exceeding 90,000l. Its injustice and inequality are obvious. No tax of this kind is

result from this. Union will be one, and not the least. It may appear to some to partake of paradox, but it is nevertheless true, that no class of the community has been so supine and

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inactive in the assertion of their own rights, or of others that may hereafter be brought to their permitted more passively aggression and en- notice, the committee propose, at as early a croachment. Scattered and divided, the pro- period as may be convenient, to bring the general fession has been weak; combined, their power state of the profession, or, if that be too large will be, for the accomplishment of every reason- a matter, at least some particulars of it, under able object, amply sufficient. Another advan- the consideration of parliament. In the mean tage that may be looked for is, the salutary time, they are taking means to collect the macontrol over all its members which may be at-terials and evidence to be adduced; and they tained by means of such an extended associa- strongly urge upon every member of the protion: thus, disputes may be adjusted, rules of fession, the necessity of contributing his aid, practice established, misfeazance prevented, by expressing to the committee his sentiments and, what has hitherto been wanting, support on the various topics which have been noticed and encouragement afforded to the attorney, under circumstances of trial and difficulty, which may sometimes meet him in the fair and honourable discharge of professional duty. "The committee recommend, that in all those counties which do not yet possess those important advantages, law societies and law libraries, should, without delay, be founded; and such societies, when formed, should join either the present Provincial Law Societies' Association, or form a new association as a branch of the general body.

in this address, or suggesting others; adducing at the same time instances in support of his opinions. The committee fully expect from these aids, and from various sources of information opened to them, to be prepared with a great body of facts ready to be established before a parliamentary committee.

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4. Information to be publicly circulated.The committee propose also from time to time to circulate information on the past and present state of the profession, and on the manner and extent in which the public interest is thereby "Promotion of fair and honourable practice. affected. Such information the committee con-This important measure, if carried out, will ceive to be necessary, not only for the public, promote fair and honourable practice, an ob- which has at present a very superficial knowject equally beneficial to the public and to all ledge of these matters, but even for the profes branches of the profession. To these societies, sion itself, which, although the sense of injury or to the general association, appeals may be is general amongst its members, has yet to form made on disputed points of professional usage; and mature its own opinion on many of the exabuses may be examined and rectified, and ap-isting evils and their remedies. plications to the superior courts, or to parlia- "An investigation before parliament of the ment, may be concerted. subjects referred to being an essential object "The committee have had interviews with of this association, it will be one of the duties the council of the Incorporated Law Society, of the committee to prepare the way for it, so and with the committees of many of the pro- far as circumstances will permit, by proper revincial law societies; and as the objects of the as-presentations to members of the legislature, sociation are just in themselves, tend to the public and by obtaining the assistance of some of those good in the due administration of justice, and individuals who may be qualified to conduct the are, moreover, calculated to promote the useful-proposed parliamentary inquiry in a committee ness and respectability of the profession, they of the House of Commons. have received assurances that the present Asso- "To further this object and to secure, in a ciation will have the cordial co-operation of all future parliament, a candid hearing of their the existing societies. appeal, the approaching general election affords "2. Improvement in legal education. As a to every member of the profession an oppormeans of raising the intellectual character of tunity of contributing, by directing the atthe profession, the committee recommend that tention of the candidates and representatives a higher degree of classical literature, of science, to the important subjects alluded to in this and general knowledge, than is ordinarily pos- address. sessed, should hereafter be required, before the If all, or even the principal part, of these clerk is allowed to be articled. The examina- measures shall be adopted and followed out tion also, as to the principles and practice of with vigour, tempered at the same time with the the law, should gradually be improved, become discretion which the subject so obviously remore extensive and stringent; and, with a view quires, the committee entertain a confident hope, to excite emulation, a further examination might that the day will arive, and is perhaps not far be instituted for the purpose of conferring some distant, when many of the hindrances to the mark of honour on candidates who should dis- attainment of justice shall be removed, when tinguish themselves by a profound and accurate acquaintance with the various topics of general and legal knowledge. Such a measure would probably go far to secure the after success in life of those most likely to be an honour to the general body.

"3. State of the profession to be submitted to parliament.-To promote the redress of all, or at least some, of the public and professional grievances which have been touched upon, and

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the tone of public feeling towards the profession will be changed, and the character and station of the solicitor placed upon that honourable eminence, to which, viewing the important and responsible nature of his duties, and the manner in which, for the most part, those duties have been performed, not only is he justly entitled, but the public interests imperatively require.”

Every member of the profession is

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