The Gazette 1946-49

petent commentators as an improper infringement on the rights of the citizen, and an innovation cal– culated to lessen respect for the courts of justice and the law. The ordinary citizen in a democratic State may regard the invocation of law and Courts of Justice as something to be avoided whenever possible, but he recognises at least that as long as the rule of law is sacrosanct his personal liberty and family rights will be protected from arbitrary interference by the State or from violation by wrongdoers. I consider that the rule of law in a democratic State is second in importance only to the maintenance of religion and freedom of con– science in its influence on the lives and conduct of the citizens. It is a matter of regret, therefore, to see an incipient tendency in legislative matters to enact measures which can only have the effect of lessening respect for the law and weaken public confidence in those who administer it. It would be to the public advantage that tribunals invested with the functions of considering complicated questions of fact and sifting evidence should have the assistance of lawyers qualified in practice in such work, and accustomed by professional habit to exercise that impartiality which the public mind associates with courts of law. In the long run it will be found that proceedings conducted on judicial methods are more expeditious, more certain, and cheaper than inquiries in which it is open to any party to say what, how, and when he pleases. Counsel and solicitors are bound by their professional code of ethics which regulates the conduct of the advocate and imposes a duty on him towards the tribunal as well as towards the party whom he represents. I fear that the tendency of the type of legislation to which I am referring will be to create a new type of non-professional advocate who will be bound neither by the rules of evidence nor by any professional tradition or code and who cannot be relied upon to present the facts with that scrupulous fairness which is necessary for the realisa– tion of justice where conflicting interests are con– cerned. It is a further advantage of the system of professional advocacy that the parties themselves do not appear in the role of advocates, and that the case can therefore be conducted in a calmer and more impartial atmosphere. In the new type of tribunal from which lawyers are excluded the advocates are themselves the parties to the dispute and it may be difficult to separate statements of fact from opinion and prejudiced pleading and to avoid the heat which is apt to be engendered when hostile parties come in conflict. I now turn to a matter of great importance from the viewpoint of securing fair treatment for solicitors acting for public and local authorities. These appointments are of two kinds and different

conditions apply to each case. Some appointments are made on a whole-time basis, the solicitor is provided with an office and the necessary staff at the expense of the local authority and is himself remunerated by a salary. To this nobody can take exception provided that the salary is fixed on an adequate scale. In the second type of appointment the solicitor is retained on a part-time basis, he carries on private practice, and provides an office and staff at his own expense for his general practice including the work of the local authority. In regard to appointments of this kind it is the con– sidered view of the Council that the only fair method of remuneration is on the basis of taxed costs. In a number of appointments in recent years, however, solicitors have been appointed to such positions on the basis of salary, out of which they are obliged to defray all office expenses. The salaries offered have generally been inadequate because the amount of work devolving upon the solicitor has almost invariably increased and he has become almost a whole-time officer without the remuneration appro– priate to such services. The Council regard these appointments as amounting to exploitation of the present over-crowded state of the profession. Solicitors' charges are controlled by statute and subject to taxation. No injustice is done to the local authorities by asking them to pay the solicitors the proper charges for work actually done, and the necessity for so doing makes for efficiency and economy in public administration rather than otherwise. The salary system for such part-time appointments must be unjust either to the rate– payer or the solicitor, as it is impossible to foresee the amount of legal work and, consequently, the office staff required from year to year. In two appointments recently advertised the Council made representations to the Department of Local Govern– ment and Public Health on the lines mentioned above. It is hoped to persuade the Department to accept the justice of our viewpoint in regard to part-time appointments, and in this I know that the Council have the support of the profession. It will be remembered that in November, 1943, the Society in General Meeting passed a resolution urging upon the Government the necessity for the establishment of a Law Reform Advisory Committee with the object of inquiring into our present legal system and making recommendations for the reform and consolidation of the law in general. The matter has been frequently referred to and calls for the establishment of a permanent committee of lawyers together with representatives of the public provided with the necessary means and secretariat to deal efficiently with the problem. If such a Committee is constituted the Council will afford it every assistance in their power. 39