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- Report of the Special Committee on the Relation Between the Bar, the Attorney, and the Client (Classic Reprint)
Report of the Special Committee on the Relation Between the Bar, the Attorney, and the Client (Classic Reprint)
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Excerpt from Report of the Special Committee on the Relation Between the Bar, the Attorney, and the Client
Special Committee was appointed to consider the present relation between the Barrister, the Attorney, and the Client, and to report whether any, and what, alterations can be made therein, with advantage to the Public.
Report.
Your Committee, on entering upon the comprehensive subject referred to them, have sought to ascertain the precise nature of the relation which exists by force of any positive law, or of any rule of professional etiquette, or of any usage, between a client, the barrister, and the attorney, and have then proceeded to inquire, - whether clients should be permitted to consult or retain barristers, either as chamber counsel or as advocates, without the intervention of attorneys, - whether the statutory enactment which prohibits barristers from practising in the County Courts, "unless instructed by an attorney, " ought to be upheld, - whether attorneys should be allowed to act as advocates in the Superior Courts, - whether any alteration should be made in the existing regulations with respect to attorneys becoming barristers, and barristers becoming attorneys, - whether any alterations should be made in the law which regulates the legal liabilities of barristers and attorneys respectively in cases of gross negligence, and breach of confidence, and, lastly, whether a Bar Institute or Faculty of Advocates should be established, invested with the power of superintending the admission of members to the Bar, and of investigating and punishing cases of professional misconduct.
The question of the remuneration of barristers and attorneys is reserved for a separate Report.
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