A PLAN FOR IMPROVING THE LEGAL PROFESSION.

1.1:1rUnES—EXAMINATInx,:. -

Ma. SPECTAMR,—May I add one word more on the subject of the Lawyers, Which has occupied so worthily the pens of your able correspondents.

The real questions appear to be, whether the profession of the Law should be regulated by the State, and its members be eligible only upon condition or qualifi- cation; and, at the same time, what conditions or qualifications should be re- quired ; 'and, lastly, how they are to be ascertained and assured to the public. The first proposition is too clear to admit of discussion. The public generally (the layman or uninitiated) cannot be competent to decide upon the attainments of professional men. Success, which is the common rule, is in the ease of the law an imperfect test: a great variety of circumstances contribute to it, which have little to do with the intrinsic character of a good lawyer. The indications

of that character are popularly found in the appearances of life ; the showy esta-

blishment; a semblance of order ; an air of bustle and punctuality; a demure look ; not unfrequently, in a quickness and vivacity in general conversation; and many think the " good fellow" is the " best lawyer." It is true that a

great number of these indications are employed in our judgment of people in other businesses : but individuals and the nation have suffered so much from the

roguery and the ignorance of men of the law, that the Legislature has thought wisely that some check should be placed on the admission of disreputable or in- competent persons. The check already imposed has not been successful ; and that arises, riot from its impracticability, but from the awkwardness of the ma. chinery, and a disregard to its use. The Judges, upon whom the theory of the law has fixed the duty of examining attornies, have long since abandoned it in practice. These heavily-burdened functionaries have not leisure from their other duties to discharge this important one. I tun convinced that it is equally beneficial to the community that qualifications should be required and esforced, and that the real dignity of the profession may be maintained by a due regard to them. The question then is, the fitness of the qualification either for admission to the bar or to become an attorney. It should not be of a pecuniary sort solely, fur riches may bring in the lowest and least educated people; it should not be a mere tax to the revenue, for.bere the same reason applies, and it may he added, such tax falls unequally upon him who derives thousands from his business, and upon him who can barely support himself; it should sot be Latin or Greek, for these things rather unfit than qualify for the law, and the attention devoted to them would he more beneficially directed to the acquisition of the latter. This is a solution of the failures of many men at the bar,—they have not superior mind:,

and yet pant after the eminence others attain ; forgetting that labour only Call supply the deficiencies of their inferiority. Had Greek and Latin been discarded,

and early youth been dedicated to the law, acquirement might find an equal rank with talent. It follows, then, that the qualification should consist of those talents and acquirements which the exercise of the profession requires. This stipulation would not shut out the attorney from an honourable ambition to obtain an advance

in rank,—the man who of all 'others is fitted for time exercise of the higher branch, by his experience and exacter knowledge of the practice of the law. It is a gross

injustice, tat an individual, placed in a lower rank, not from his own choice, and even agaihst his inclination, by parents and guardians, during his nonage, should in after-life he totally disabled to redeem their miscalculations. It would be as wise to declare that a subaltern should never reach to higher rank in the army; a proposition which in effect would degrade both the superior and the inferior, and remove all motive to honourable emulation in the ranks. I will not discuss this topic further ; nor labour to show how unlike fitness are those qualifications the Inns of Court require, nor point out how flagrantly the honest purposes of those institutions have been disregarded : but I will endeavour to point out a mode of ascertaining arid assuring to the public the requisite qualifications. For this purpose, provision might be made for the constant delivery of lectures in every branch of the law both in theory and in practice, by lawyers eminently fitted for the task ; and these lectures might be delivered at such times of the day— early in the morning and late in the evening—that students and articled clerks might attend, and they should be required to attend. That their attendance might be converted to a benefidial use, examinations should take place yearly or half yearly ; and until the examinations had been passed by each student or articled clerk, he should be inadmissible to the profession. To those who think a money qualification desirable, these regulations will have some recommendation—as the fees to be paid to the lecturers and examiners would considerably enlarge the expense of a legal education. At the same time, the public would gain an advantage, in time more assured competency of the members; and the pupils themselves, which is not the least consideration, would derive the benefit of an education somewhat advanced at the period of their ad- missions. It is obvious, that as the Legislature undertakes the control of the pro- fession in one and the chief respect. it is bound to regard the minor requisites

which are necessary to complete the character of the lawyer. It is true that experience cannot be provided by these means, but an elementary knowledge at least, is within reach ; and if Blackstone's Commentaries alone were mestere:1,6e object would be gained. The professor could prosecute his calling without self disesteem and disgust at the misapplication of his time and studies, and the still worse evil of being thrown into cireutristances requiring the active exercise of

professional knowledge without the means or the ability to obtain it for the occa- sion. It may be said that the pupil must suffer the consequence of his own neglect. Truly. he must suffer, but the indifference thus declared is as impro-

vident as it is cruel. We must judge of these things according to the nature of the influences which inevitably govern them. The temperaments of young per- sons in general are not congenial to study, and the motive is often too distant to be clearly seen by an inexperienced mind. This truth has at length become ap- parent at our litthersities, where, besides the examination for the degree of Bachelor of Arts at the end of three years, (the whole term of study.) another ex-

amination is imposed at time end'of the first year, which is the Rubicon or Asses-

bridge, and must be surmounted before the student is entitled to compute the terms already gone by in his course of academical studies. The consequence has

naturally been, that young men, who reserved their exertions in preparation for taking their Bachelor's degree to the last year of the term, spending the interval in dissipation and idleness, are now constrained to devote themselves more earnestly to study at the earliest period. When a proposition is started, the justness of which cannot be gainsayed, it is

not unusual to dispute the practicability of its adoption. I must therefore add a few particulars. It will not be denied, that many gentlemen of great legal abilities, but whose professional practice is not large, may be found to give lectures on the different branches of the law—on Conveyancing, on the law and proceedings in our Equity Courts, on the Common Law and Pleadings, on Bankruptcy, Bills of Exchange, and other subjects necessary to be known in the most ordinary business. It is conceivable, that in the course of two or three years, a pupil who had attended three or four hundred lectures, given by able men on the various subjects of the law, would have acquired a consider- able knowledge of it, and I will venture to affirm, for all ordinary purposes, a sufficient knowledge. He would be able to study deeper on every emer- gency, and his knowledge would be extended and confirmed by his practical pursuits and the experience resulting from them. At present, so notorious is the deficiency of young men, on their admission to practice; that it has become an axiom both among masters and clerks, that the period for learning their profession dues not arrive till after their admission, when the motive is more immediate and therefore more effective. With respect to the expense of lectures, it need not ex- ceed 20!. a-pear for each pupil ; which being divided among the lecturers, would give them a very ample remuneration ; and another 5/. would be usefully paid to the examiners. These officers might sit for periods of a week at stated times of the year, and examine those pupils or clerks who had kept a certain number of terms or served a certain portion of their clerkship. The examination might be in some degree public,-open at least to the profession ; and the indi- vidnal who failed to pass should not be allowed to compute the elapsed period of his clerkship until he had successfully passed the examination belonging to that period of it. But to prevent principals from taking advantage of this regu- lation, and interposing to prevent the success of the pupil by a denial of the opportunities for professional improvement, the period thus lost to him might be served with some other person at the end of the period of his clerkship, unless the pupil consented to remain. For the examination of students and clerks in the country, the examiners might take circuits at stated periods, and at con- venient places in each county might examine the clerks resident there; such clerks pri:,•ing an increased the to the e:mmincrs on account of their increased expenses in travelling, &c. The books and subjects for examination might be declared by the examiners; and the pupil might elect to he examined in any particular branch of the law at each examination, provided that at the cud of his clerkship he had undergone the entire course of examination prescribed, so that he might he conversant in some degree with the principles and general nature of every branch of the law. Perhaps Blackstone's Conanentaries would be the fittest text-hook for the purpose. To give the more ambitious and deserving scope for exertion, and the means too of creating a reputation in spite of the want of connexion, it should be competent to the pupils lo be examined in a greater or lesser number of works on different subjects of law, which should be selected by the examiners; and such pupils, if successful, might be placed in honorary classes or degrees. according to the plan adopted by our Universities. For this latter purpose, the examiners might select such books as Sngden on Tendons. Preston on Abstracts, Chitty on Pleadings, Chitty on Bills of Exchange, PhillO's Low of Eridenee, Selwan's Nisi Priem, and other elaborate works, treating more par- ticularly of the law than Blackstone does.

As the pupils in the country would not have the advantage of attending lectures there, (it being impossible to provide their,) they should in all cases be required to spend at least two rears of their clerlitip in London, (where the habits of busi- ness are more strict than is commonly the case in the offices of country practi- tioners,) and attend lectures there. I have gone into great length on this plan : it yet admits of addition and greater precision in details, but as I might encroach too much on other portions of your paper by a fuller development of it, 1 must part with it in its present state,- hoping that the principle of qualification, in legal neguirements, and active means to insure such qualification, (which is applicable equally to barristers and attor- nies,) may be recognized and enforced by the Legislature and the profession.

• ,