SOLICITORS BILL. (Hansard, 28 June 1928)

§ LORD DARLING
My Lords, in asking your Lordships to read this Bill a second time I should explain that it was introduced in practically its present form by me on behalf of the Incorporated Law Society nearly two years ago. It passed through all its stages in this House but there was no time for it in the other House. Therefore, it fell to the ground. Perhaps I should explain, as I did then, that this Bill is rendered necessary in order to give the Incorporated Law Society a slight addition to the powers which they have to enforce proper conduct among members of the legal profession who hold the position of solicitor. Until 1919, matters relating to solicitors who were guilty of a breach of their professional duty were left to be decided by the Court of King's Bench, but in 1919 an Act of Parliament was passed which transferred all this jurisdiction to the solicitors as represented in the Incorporated Law Society. The solicitors fix the subjects in which candidates are to be examined, they examine them, they admit them to the roll of solicitors, which entitles them to practise, and in fact they are in the same position in regard to solicitors as the Inns of Courts are in regard to barristers.
It was found, after the jurisdiction had been entirely transferred to the solicitors, that there was an abuse in the profession, a very dangerous one well known to all lawyers, and that abuse needs to be cured. That is why the Bill was drawn up by the Incorporated Law Society. It was introduced into this House nearly two years ago and the same Bill has now been introduced into the House of Commons, has passed through every stage in that House and comes before your Lordships for approval. The fault which is aimed at is this. For very grave reasons, and never except for very 777 grave reasons of misconduct, a solicitor may be struck off the roll and so disentitled to practise. When that occurs it is not at all uncommon for the solicitor who is not entitled to practise as a solicitor to engage himself to a person who is a solicitor and become his managing clerk, and, in effect, to carry on business in the name of another person. That is what it often comes to and the danger, of course, as often occurs, is that when nominally managing clerk to another solicitor, he behaves in precisely that way which caused him to be struck off the rolls when he was a solicitor. Under the law he cannot be dealt with unless he commits a criminal offence, when the ordinary law deals with him. He cannot be dealt with in a purely professional capacity because he has ceased to be a solicitor upon the rolls.
What this Bill does is to enact in the first clause that— (1) No solicitor shall in connection with his practice as a solicitor without the written permission of the society employ or remunerate any person who to the knowledge of such solicitor is struck off the roll of solicitors or is suspended from practising as a solicitor. (2) Any such permission may be given for such period and upon and subject to such terms and conditions as the society may think fit. (3) Any solicitor dissatisfied with a decision of the society under this section may appeal to the Master of the Rolls. … who in all these matters regarding solicitors is the constituted authority for dealing with them. That is already the law. The Bill goes on to say that if a solicitor acts contrary to the provisions of this Bill he shall be punished in a way that is provided, and if any person who is struck off the rolls hires himself to a practising solicitor and does not disclose that he was formerly a solicitor and has been struck off the rolls and is not entitled to practise, then he is to be subject to a penalty of a fine not exceeding £10.
There follows what I think your Lordships will agree to be a useful provision to the end that this power shall not be abused. Clause 2 says:— Notwithstanding anything in the Summary Jurisdiction Acts proceedings under this section may be commenced at any time before the expiration of six months after the first discovery of the offence by the 778 prosecutor, but no such proceedings shall be commenced except by or with the consent of the Attorney-General. I think your Lordships will see that means have thus been taken to protect those who are entitled to any kind of protection. I have intimated to your Lordships that this Bill was drawn by the Incorporated Law Society, the appropriate body for dealing with solicitors, and it was carefully considered by them. It came before this House some time ago and an Amendment was then moved by the Master of the Rolls which was embodied in the Bill before it went to the Commons. That Amendment is embodied in the present. Bill, which I now ask your Lordships to read a second time.

§ LORD HANWORTH
My Lords, perhaps your Lordships will allow me to say a word or two in support of the observations of the noble and learned Lord who has just spoken. The importance of this Bill is that it prevents resort to a device which has been used only too often in the past by persons who are deserving of little consideration. It sometimes happens that a man who has been a solicitor has acted quite improperly and has brought upon himself deservedly the penalties that can now be imposed by the Law Society. He is struck off the rolls. Not infrequently he is a man of ability and resource and, in order to overcome the disability under which he suffers by reason of the fact that he is no longer upon the rolls, he induces some nominal solicitor to allow him to become managing clerk, and under the cloak of that solicitor's name he continues to carry on the business of a solicitor. It may often happen that a man who has been struck off the rolls is a man of ability, while the man into whose service he goes is a mere name and nothing more. The ex-solicitor is thus able to adopt a stratagem which really defeats the purpose of the disciplinary action of the Law Society.
This Bill stops a gap that has been felt for some time. When it was in your Lordships' House a year or so ago I moved an Amendment which has been incorporated in the present Bill. It provides in a subsection that in this kind of case there shall be an appeal to the Master of the Rolls. The Master of 779 the Rolls is the persona designata to whom an appeal is allowed from decisions of the Law Society as to matters of practising certificates and a number of other things, and it is my duty from time to time to hear cases in which both solicitors and the Law Society are represented. This is no idle pretence; there is a real and effective appeal and a number of cases actually come before me. Accordingly this provision is in accord with the present practice, which is by no means obsolete but is constantly used and with which I have to keep in touch. When this Bill was last before your Lordships I said that, although it might seem that the powers that it gives have a somewhat wide range, yet I was quite sure—and I repeat that assurance now—that those powers can be safely entrusted to the Law Society. They have a Committee which deals with these matters and includes the ablest solicitors. All their powers are exercised with judgment, consideration and great toleration and mercy. I am satisfied from an experience that is now not a short one that the Law Society may be safely entrusted with these powers. With these observations I beg to support the Second Reading of this Bill.

§ LORD PARMOOR
My Lords, I should like to say a word in support of this Bill, because I agree that it provides a jurisdiction that is really urgently needed if those solicitors who have been struck off the rolls are not to be allowed to recommence their business under another name. I am also strongly of opinion that the appeal to the Master of the Rolls is right, since the Bill provides the same appeal in these cases as in other cases concerning solicitors. This is an evil which ought to be dealt with, and it appears to me to be very adequately dealt with in this Bill.