ATTORNEYS AND SOLICITORS are those legal practitioners who conduct litigation in courts of justice, preparing the cause for the barristers, or counsel, as they are called, whose duty and privilege it is to plead and argue on behalf of the contending parties, and who in open court have its exclusive audience. A. and S. also practice convey ancing, or the preparation of legal deeds and instruments, and they manage a great deal of other general business connected with the practice of the law, for which, as well as for the discharge of all their duties, they arc mostly remunerated by a fixed and minute scale of charges. Theirs is, indeed, an extremely important, influential, and lucrative profession, and the welt-employed attorney, and the "family solicitor," are expressions which readily suggest the idea of acute intelligence, along with high character and con fidential trusts seldom abused.
They are called A., as practitioners in the courts of common law, because the attorney is one who is put in the place, stead, or turn of another. Formerly, when prosecuting or defending, suitors were obliged to appear personally in court; but now, on principles of convenience, A. may represent, and can often prosecute or defend any action or suit in the absence of the parties. They are called S. iu the courts of chancery, according theoretically to the more gentle (but not less absolute) compulsion of equity. S. also is the name usually given to this profession when they transact family or other general business out of court, and in their own chambers. A. and S. are admitted by the superior courts, of which, therefore, they are officers, having many privileges as such, and they are, in consequence, peculiarly subject to the censure and control of the judges.
The statutes relating to this branch of the legal profession being numerous and complicated, were amended and consolidated by the 6 and 7 Vict. c. 73, etc., and 33 and 34 Vict. c. 28. No person shall act as an attorney or solicitor lb any court of Civil or criminal jurisdiction, or in any court of law or equity in England or Wales, unless he shall have been admitted, enrolled, and be otherwise duly qualified according to the provisions of the act. And it has been decided that the person who acts as an attorney without being properly qualified, is liable to be indicted for a misdemeanor. There is an exception, however, to the rule of admission as stated, contained in a sub sequent act, the 7 and 8 Vict. c. 101, s. 68, which provides that clerks or other officers to any board of guardians under the poor laws, may commence or defend proceedings before magistrates, in special or petty sessions, or out of sessions, without being quali fied as attorneys. And by the 20 and 21 Vict. c. 39, facilities are afforded for the admis sion and enrollment in England of A. and S. of those colonial courts where the English
system prevails.
To entitle a person to admission as an attorney and solicitor under 23 and 24 Vict. c. 127, and 6 and 7 Vict. c. 73, it is required. first, that he shall have served—having been duly bound by contract in writing solo do—with some practising attorney or solicitor in England or Wales, a clerkship of five years; or—if a barrister, advocate, W.S., or S.S.C., or graduate of Scotch or Irish university, or of Cambridge, Oxford, Dublin, Dur ham, or London—a clerkship of three years. In some cases, four years' service are allowed. Ile must now pass a preliminary examination in general knowledge, as well as occasional examinations in legal subjects during his articles. The judges now have large controlling and dispensing powers as to the articles, service, fitness, and capacity j to act; and the judges (or master of the rolls, as the case may be), upon being satisfied by such examination, or by the certificates of examiners appointed by them, of the com petency of any candidate for admission, shall administer to him stich oath as specified in the act, viz., " that he will truly and honestly demean himself in practice," and also • the oath of allegiance; and after such oaths, shall cause him to be admitted as an attorney of the said courts of law at Westminster, or as solicitor of the high court of chancery. It is moreover enacted, that there shall be a registrar of A. and S., whose duty it shall be to keep an alphabetical list or roll of all A. and S., and to issue certificates as to persons who have been duly admitted and enrolled; and the duties of this office are by the act committed to the "incorporated law society," until some person shall be appointed in their room. Such a certificate from the registrar, of due admission and enrollment. must be produced to the proper authorities, by any person desirous of practicing as an attorney or solicitor, before he can obtain the stamped certificate required by the stamp act, 33 and 34 Viet. c. 97, authorizing him to practice for the ensuing year; and in order to obtain such registrar's certificate, a declaration in writing, signed by the attorney desirous of practicing, or by his partner, or in some cases by his London agent, containing his name and address, the courts of which he is an admitted attorney or solicitor. and the date of his admission, must be delivered to the registrar. And if any attorney or solici tor shall practice in any of the courts aforesaid, without having obtained a stamped cer tificate for the current year, he shall be incapable of maintaining any action or suit to recover his fees, and be guilty/of a contempt of court, and subject to tine.