Scottish Court of Session Decisions

Lord Kyllachy—The Court is much obliged to the Writers to the Signet and the other societies for the aid which their minutes have afforded in the consideration of these applications. I have had an opportunity not only of reading those minutes but of consulting with some of my colleagues upon the whole matter, and the conclusion we have arrived at is this—In the first place, we consider that when an application is presented, whether it appears on the rolls or is presented, like applications under the Act of 1873, through the clerk, the first order should be for intimation to the W.S. and S.S.C. Societies if the applicant is in Edinburgh, or to the Incorporated Law Society if he is in the country. Then if after a fixed number of days it appears that none of those societies think fit to intervene in respect of some disqualification known to them, the Court will proceed to consider the application. The Court has of course to exercise a discretion, and that discretion will not be exercised to the effect of admitting as a matter of course. At the same time it will fall to be exercised upon grounds which may vary in different cases, and as to which all that can be said is that they must be satisfactory to the mind of the Court. It will not be assumed absolutely and as a matter of course that a notary—public who has practised for seven years is sufficiently conversant with the forms of process to be admitted as a law-agent, but at the same time it will not in the general case be necessary to have a remit to one professional man to report on the qualifications of another. It appears to us that such a course would be somewhat invidious, and will be as a rule unnecessary. At the same time, a man cannot be admitted as a law-agent who has not some knowledge of the forms of process, and therefore the Court must in each case have information as to the applicant's knowledge of forms of process—information which is sufficient to enable us to dispense with his examination on the subject. That being so, what will be required in the cases now before me will be (1) that the applicant shall state in his petition that he is conversant with the forms of process, and shall set forth the experience which in his view justifies that statement, and (2) that the Court shall have before it evidence that the applicant has had such a business training as presumably involves a reasonable acquaintance with the forms of process. That evidence need not in general be in the form of a report from somebody to whom a remit may be made. As a rule, it will be enough if a certificate is produced from some person, official or otherwise, known to the Court—a certificate satisfactory to the mind of the Court as vouching the statement in the petition. On such a certificate being presented along with the petition, the result in general will be that the applicant will be admitted de plano. There may, of course, be exceptions to this procedure, as for example in cases where the judge has personal knowledge that the applicant is sufficiently conversant with process business, and is accordingly satisfied that there is no need for examination. Each case must, in short, be considered on its own merits, the one requisite being that the Court shall be satisfied that the applicant is a suitable person to be admitted to the roll, and that it is not necessary that he should undergo further examination.