77-478: The New Zealand Law Society ( Māori : Te Kāhui Ture o Aotearoa ) is the parent body for barristers and solicitors in New Zealand. It was established in 1869, and regulates all lawyers practising in New Zealand. Membership of the society is voluntary, although any person wishing to practice law in New Zealand must obtain a practising certificate from the society. The society has 13 branch offices throughout
154-407: A barrister usually wears a horsehair wig, stiff collar, bands , and a gown. Since January 2008, solicitor advocates have also been entitled to wear wigs, but wear different gowns. In many countries the traditional divisions between barristers and other legal representatives are gradually decreasing. Barristers once enjoyed a monopoly on appearances before the higher courts, but particularly within
231-461: A client in administrative tax appeals) and patent agents ( "benrishi" , qualified to practice patent registration and represent a client in administrative patent appeals). Only the lawyers ( bengoshi ) can appear before the court and are qualified to practice in any areas of law, including, but not limited to, areas that those qualified law-related professionals above are allowed to practice. Most attorneys still focus primarily on court practice and still
308-816: A director of the Wellington Trust, Loan and Investment Company Limited, and the Colonial Mutual Life Assurance Society Limited. In 1901 he planted the Sitka Spruce on Campbell Island, which in February 2017 was recorded to have the 'golden spike' in nuclear testing in the 1950s and 1960s; it has been named as the 'World's loneliest tree'. He was also appointed a director of the Bank of New Zealand in March 1902. He
385-478: A federal structure with the Law Society. The statutory role of districts ceased on 31 January 2009 and, with the exception of Auckland, their assets and liabilities were transferred to the Law Society. From 1 February 2009, branches of the Law Society were established in all former districts, including Auckland. The Law Society's Constitution sets out the membership, election processes and meeting procedures for
462-405: A fused profession, arguing and preparing cases in contentious matters, whereas Quebec's other type of lawyer, civil-law notaries ( notaires ), handle out-of-court non-contentious matters. However, a number of areas of non-contentious private law are not monopolized by notaries so that attorneys often specialize in handling either trials, cases, advising, or non-trial matters. The only disadvantage
539-472: A lawyer or an incorporated law firm. The society produces a monthly magazine, LawTalk , available in both print and digital versions, a weekly e-newsletter for all registered lawyers, LawPoints , a weekly newsletter for non-lawyers, NZLS Weekly , and Guides to the Law . Since 1897, the office of president was elected. The first holder of the office, from 1870 to 1875, was James Prendergast upon appointment by
616-600: A lawyer who represented the client in the lower courts. However, these restrictions do not apply to criminal cases, nor to pleadings at courts of the other court systems, including labour, administrative, taxation, and social courts and the European Union court system. The legal profession in Hong Kong is also divided into two branches: barristers and solicitors. In the High Court of Hong Kong (including both
693-632: A less formal arrangement but this is not compulsory. Devils are not generally paid for their work in their devilling year. Israel In Israel, there is no distinction between barristers and solicitors. Japan adopts a unified system. However, there are certain classes of qualified professionals who are allowed to practice in certain limited areas of law, such as scriveners ( shiho shoshi , qualified to handle title registration, deposit, and certain petite court proceedings with additional certification), tax accountants ( zeirishi , qualified to prepare tax returns, provide advice on tax computation and represent
770-560: A separate qualification) and who retain exclusivity over conveyancing and probate. After the 1971 and 1990 legal reforms, the avocat was fused with the avoué and the conseil juridique , making the avocat (or, if female, avocate ) an all-purpose lawyer for matters of contentious jurisdiction, analogous to an American attorney. French attorneys usually do not (although they are entitled to) act both as litigators (trial lawyers) and legal consultants (advising lawyers), known respectively as avocat plaidant and avocat-conseil . This distinction
847-513: A single state bar council to practise in India. However, this does not restrict a barrister from appearing before any court in India. For all practical and legal purposes, the Bar Council of India retains with it, the final power to take decisions in any and all matters related to the legal profession on the whole or with respect to any There are two requirements to practise in India. First,
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#1732773093023924-414: A very small number of attorneys give sophisticated and expert legal advice on a day-to-day basis to large corporations. The Netherlands used to have a semi-separated legal profession comprising the lawyer and the procureur , the latter resembling, to some extent, the profession of barrister. Under that system, lawyers were entitled to represent their clients in law, but were only able to file cases before
1001-641: Is a growing tendency for practitioners in the bigger practices to specialize in one or the other. In colloquial parlance within the Nigerian legal profession, lawyers may, therefore, be referred to as "litigators" or as "solicitors". Consistent with the practice in England and elsewhere in the Commonwealth, senior members of the profession may be selected for elevation to the Inner Bar by the conferment of
1078-399: Is a split between the roles of barrister and solicitor, the barrister in civil law jurisdictions is responsible for appearing in trials or pleading cases before the courts. Barristers usually have particular knowledge of case law, precedent, and the skills to build a case. When another legal professional is confronted with an unusual point of law, they may seek the opinion of a barrister on
1155-481: Is generally recognised that the first examination is much more difficult than the CAPA and is dreaded by most law students. Each bar is regulated by a Bar Council ( Ordre du barreau ). A separate body of barristers exists called the avocats au Conseil d'Etat et à la Cour de Cassation . Although their legal background, training and status is the same as the all-purpose avocats, these have a monopoly over litigation taken to
1232-478: Is however purely informal and does not correspond to any difference in qualification or admission to the role. All intending attorneys must pass an examination to be able to enrol in one of the Centre régional de formation à la profession d'avocat (CRFPA) (Regional centre for the training of lawyers). The CRFPA course has a duration of two years and is a mix between classroom teachings and internships. Its culmination
1309-524: Is little overlap. In the Australian states of New South Wales , Victoria and Queensland , there is a split profession. Nevertheless, subject to conditions, barristers can accept direct access work from clients. Each state Bar Association regulates the profession and essentially has the functions of the English Inns of Court. In the states of South Australia and Western Australia , as well as
1386-721: Is no formal distinction between barristers and solicitors. All students who pass the bar examinations – offered exclusively by the Nigerian Law School – are called to the Nigerian bar, by the Body of Benchers. Lawyers may argue in any Federal trial or appellate court as well as any of the courts in Nigeria's 36 states and the Federal Capital Territory. The Legal Practitioner's Act refers to Nigerian lawyers as Legal Practitioners, and following their call to
1463-670: Is not usually done for interlocutory applications. Wigs and robes are still worn in the Supreme Court and the District Court in civil matters and are dependent on the judicial officer's attire. Robes and wigs are worn in all criminal cases. In Western Australia, wigs are no longer worn in any court. Each year, the Bar Association appoints certain barristers of seniority and eminence to the rank of "Senior Counsel" (in most States and Territories) or "King's Counsel" (in
1540-406: Is relatively common for the barrister to receive the brief from the instructing solicitor to represent a client at trial only a day or two before the proceeding. Part of the reason for this is cost. A barrister is entitled to a "brief fee" when a brief is delivered, and this represents the bulk of his or her fee in relation to any trial. They are then usually entitled to a " refresher " for each day of
1617-697: Is required to maintain certain standards of conduct and professional demeanour at all times. The Bar Council of India prescribes rules of conduct to be observed by the Barristers in the courts, while interacting with clients and in non-professional settings. In the Republic of Ireland , admission to the Bar by the Chief Justice of Ireland is restricted to those on whom a Barrister-at-Law degree (BL) has first been conferred. The Honorable Society of King's Inns
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#17327730930231694-400: Is still a rarity in most jurisdictions, partly because barristers with narrow specialisations, or who are only really trained for advocacy, are not prepared to provide general advice to members of the public. Historically, barristers have had a major role in trial preparation, including drafting pleadings and reviewing evidence. In some areas of law, that is still the case. In other areas, it
1771-474: Is that attorneys cannot draw up public instruments that have the same force of law as notarial acts . Most large law firms in Quebec offer the full range of legal services of law firms in common-law provinces. Intending Quebec attorneys must earn a bachelor's degree in civil law, pass the provincial bar examination, and successfully complete a legal internship to be admitted to practice. Attorneys are regulated by
1848-464: Is the stage final (final training), where the intending attorney spends six months in a law firm (generally in their favoured field of practice and in a firm in which they hope to be recruited afterwards). The intending attorney then needs to pass the Certificat d'Aptitude à la Profession d'Avocat (CAPA) , which is the last professional examination allowing them to join a court's bar ( barreau ). It
1925-671: Is the Bangladesh Legal Practitioners and Bar Council Order as administered and enforced by the Bangladesh Bar Council. The Bar Council is the supreme statutory body that regulates the legal professions in Bangladesh and ensures educational standards and regulatory compliance of advocates. Newly enrolled advocates are permitted to start practice in the district courts after admission. After two years of practice, advocates may apply to practice in
2002-548: Is the only educational establishment which runs vocational courses for barristers in the Republic and degrees of Barrister-at-Law can only be conferred by King's Inns. King's Inns are also the only body with the capacity to call individuals to the bar and to disbar them. Most Irish barristers choose to be governed thereafter by the Bar of Ireland , a quasi-private entity. Senior members of the profession may be selected for elevation to
2079-700: The Australian Capital Territory , the professions of barrister and solicitor are fused, but an independent bar nonetheless exists, regulated by the Legal Practice Board of the state or territory. In Tasmania and the Northern Territory , the profession is fused, although a very small number of practitioners operate as an independent bar. Generally, counsel dress in the traditional English manner (wig, gown, bar jacket and jabot ) before superior courts, although this
2156-530: The Bar Council of India . Under the act, the council is the supreme regulatory body for the legal profession in India, ensuring the compliance of the laws and maintenance of professional standards by the legal profession in the country. The council is authorised to pass regulations and make orders in individual cases. Each state has a bar council whose function is to enrol barristers practising predominantly within that state. Each barrister must be enrolled with
2233-535: The Bar Standards Board to conduct litigation, allowing a barrister to practice in a dual capacity. In some common law jurisdictions, such as New Zealand and some Australian states and territories, lawyers are entitled to practice both as barristers and solicitors, but it remains a separate system of qualification to practice exclusively as a barrister. In others, such as the United States ,
2310-547: The Court of First Instance and the Court of Appeal ) and the Hong Kong Court of Final Appeal , as a general rule, only barristers and solicitor-advocates are allowed to speak on behalf of any party in open court. This means that solicitors are restricted from doing so. In these two courts, save for hearings in chambers, barristers dress in the traditional English manner, as do the judges and other lawyers. In Hong Kong,
2387-467: The Inn of Court to which they belong. In some countries, there is external regulation. Inns of Court, where they exist, regulate admission to the profession. Inns of Court are independent societies that are responsible for the training, admission, and discipline of barristers. Where they exist, a person may only be called to the bar by an Inn, of which they must be a member. Historically, call to and success at
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2464-610: The Legislative Council on 8 July 1865. Prendergast resigned from that role on 15 March 1867. On 20 October 1865, he became a non-political Attorney-General of New Zealand for Edward Stafford 's government. In 1867 he resigned from the Legislative Council, his role as Crown solicitor in Otago and his law practice and moved north to Wellington . As Attorney-General Prendergast's task was to consolidate
2541-701: The Treaty of Waitangi as "a simple nullity" Prendergast was born in London, United Kingdom, on 10 December 1826. He was the youngest son of Michael Prendergast QC ( appointed QC 1850) and his wife, Caroline Dawe, the sister of artist George Dawe . Appointed a judge of the Sheriff's Court in London in 1856, his father was controversial but probably eccentric and outspoken rather than corrupt. Other children were Michael (born 1822; came to New Zealand), Philip (born 1824) and Caroline (born 1829, died c. 1840 ). He
2618-518: The United Kingdom this is no longer true. Solicitor-advocates and qualified chartered legal executives can generally appear on behalf of clients at trial. Increasingly, law firms are keeping even the most advanced advisory and litigation work in-house for economic and client relationship reasons. Similarly, the prohibition on barristers taking instructions directly from the public has also been widely abolished. But, in practice, direct instruction
2695-465: The procureur as a separate profession was abolished and its functions merged with the legal profession in 2008. Currently, lawyers can file cases before any court, regardless of where they are registered. The only notable exception concerns civil cases brought before the Supreme Court , which have to be handled by lawyers registered at the Supreme Court, thus gaining from it the title "lawyer at
2772-425: The 14th century and during the course of the 19th and 20th in particular, French barristers competed in territorial battles over respective areas of legal practice against the conseil juridique (legal advisor, transactional solicitor) and avoué (procedural solicitor), and expanded to become the generalist legal practitioner, with the notable exception of notaires (notaries), who are ministry appointed lawyers (with
2849-433: The Bar , Nigerian lawyers enter their names in the register or Roll of Legal Practitioners kept at the Supreme Court. For this reason, a Nigerian lawyer is often referred to as a Barrister and Solicitor of the Supreme Court of Nigeria, and many Nigerian lawyers term themselves Barrister-at-Law with the postnominal initials "B.L". The vast majority of Nigerian lawyers combine contentious and non-contentious work, although there
2926-469: The Bar of Ireland's Law Library. To practise under the Bar of Ireland's rules, a newly qualified barrister is apprenticed to an experienced barrister of at least seven years' experience. This apprenticeship is known as pupillage or devilling . Devilling is compulsory for those barristers who wish to be members of the Law Library and lasts for one legal year. It is common to devil for a second year in
3003-558: The British Crown dependencies of Jersey , Guernsey and the Isle of Man , the word barrister is also regarded as an honorific title. In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of another lawyer, who perform tasks such as corresponding with parties and the court, and drafting court documents. In England and Wales, barristers may seek authorization from
3080-540: The Canadian legal profession, lawyers often term themselves as "litigators" (or "barristers"), or as "solicitors", depending on the nature of their law practice though some may in effect practise as both litigators and solicitors. However, "litigators" would generally perform all litigation functions traditionally performed by barristers and solicitors; in contrast, those terming themselves "solicitors" would generally limit themselves to legal work not involving practice before
3157-611: The High Court Division of the Supreme Court of Bangladesh by passing the Bar Council Examination. Only advocates who are barristers in the United Kingdom may use the title of barrister. In Canada (except Quebec ), the professions of barrister and solicitor are fused, and many lawyers refer to themselves with both names, even if they do not practise in both areas. In colloquial parlance within
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3234-564: The Inner Bar, when they may describe themselves as Senior Counsel ("SC"). All barristers who have not been called to the Inner Bar are known as Junior Counsel (and are identified by the postnominal initials "BL"), regardless of age or experience. Admission to the Inner Bar is made by declaration before the Supreme Court , patents of precedence having been granted by the Government . Irish barristers are sole practitioners and may not form chambers or partnerships if they wish to remain members of
3311-574: The Law Commission. It also maintains open communication with the government on administration of justice and rule of law issues. The Law Society's Law Reform Committee , with assistance from the specialist committees and the sections, prepares submissions on behalf of the legal profession and in the public interest. The Service handles all complaints about lawyers or former lawyers; incorporated law firms or former incorporated law firms; people who are not lawyers but who are or were an employee of
3388-489: The Law Society's governing bodies. The Law Society is governed by a Council and managed by a Board. The Council comprises the president, the four vice-presidents, one member from each branch of the Law Society, the chair or president of each of the Law Society's sections, the chair or president of the New Zealand Bar Association, and a representative of the large law firm corporation. The Board acts as
3465-547: The Northern Territory, Queensland, Victoria and South Australia). Such barristers carry the title "SC" or "KC" after their name. The appointments are made after a process of consultation with members of the profession and the judiciary. Senior Counsel appear in particularly complex or difficult cases. They make up about 14 per cent of the bar in New South Wales. In Bangladesh, the law relating to barristers
3542-497: The Quebec Law Society ( Barreau du Québec ). In France, avocats , or attorneys, were, until the 20th century, the equivalent of barristers. The profession included several grades ranked by seniority: avocat-stagiaire (trainee, who was already qualified but needed to complete two years (or more, depending on the period) of training alongside seasoned lawyers), avocat , and avocat honoraire (emeritus barrister). Since
3619-557: The Supreme Court". In New Zealand, the professions are not formally fused but practitioners are enrolled in the High Court as "Barristers and Solicitors". They may choose, however, to practice as barristers sole. About 15% practice solely as barristers, mainly in the larger cities and usually in "chambers" (following the British terminology). They receive "instructions" from other practitioners, at least nominally. They usually conduct
3696-792: The Victorian goldfields. A number of times, in his capacity as Chief Justice, he acted as Administrator of the Government . One controversial occasion was in 1881, when the Governor of New Zealand Sir Arthur Gordon was on a visit to Fiji , he sanctioned the invasion of the Māori pacifist Te Whiti o Rongomai 's village at Parihaka —something the Governor had indicated he was opposed to. Prendergast resigned as Chief Justice on 25 May 1899, after his wife died on 5 March. In his retirement, he became
3773-479: The applicant must be a holder of a law degree from a recognised institution in India (or from one of the four recognised universities in the United Kingdom). Second, they must pass the enrolment qualifications of the bar council of the state they seek to be enrolled in. Through regulation, the Bar Council of India also ensures the standard of education required for practising in India is met with. A barrister
3850-411: The bar, to a large degree, depended upon social connections made early in life. A bar collectively describes all members of the profession of barrister within a given jurisdiction. While as a minimum the bar is an association embracing all its members, it is usually the case, either de facto or de jure , that the bar is invested with regulatory powers over the manner in which barristers practice. In
3927-450: The common law tradition, the respective roles of a lawyer, as legal adviser and advocate, were formally split into two separate, regulated sub-professions. Historically, the distinction was absolute, but in the modern age, some countries that had a split legal profession now have a fused profession . In practice, the distinction in split jurisdictions may be minor, or marked. In some jurisdictions, such as Australia, Scotland and Ireland, there
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#17327730930234004-575: The country. Each branch has a president and a council, which represent their members’ interests on a regional and national level. The New Zealand Law Society was established by statute in 1869. The current legislation is the Lawyers and Conveyancers Act 2006 (LCA) , which came into force on 1 August 2008. The Act continues the Law Society and sets out its regulatory and representative functions and powers. Previous legislation provided for 14 district law societies with their own statutory powers, operating in
4081-454: The court at which they were registered. Cases falling under the jurisdiction of another court had to be filed by a procureur registered at that court, in practice often another lawyer exercising both functions. Questions were raised on the necessity of the separation, given the fact that its main purpose – the preservation of the quality of the legal profession and observance of local court rules and customs – had become obsolete. For that reason,
4158-482: The courts (not even in a preparatory manner as performed by solicitors in England), though some might practise before chambers judges. As is the practice in many other Commonwealth jurisdictions such as Australia, Canadian litigators are gowned, but without a wig, when appearing before courts of superior jurisdiction. All law graduates from Canadian law schools, and certified internationally qualified lawyers, can apply to
4235-511: The courts, because the Treaty of Waitangi was a "simple nullity". He called Māori "primitive barbarians", and said they were "incapable of performing the duties, and therefore of assuming the rights, of a civilised community". Prendergast's reasoning was both overturned and enhanced in 1941 when Te Heuheu Tukino v Aotea District Māori Land Board was decided, where the Court ruled that the Treaty
4312-502: The criminal law. In the process he drafted 94 Acts. He also helped to create order in the legal profession – in 1870, the New Zealand Law Society was formed with Prendergast as its first president. Prendergast was appointed Chief Justice of New Zealand on 1 April 1875 on the advice of Sir Julius Vogel 's government. As such, he was the first New Zealand appointed Chief Justice. Prendergast's most notable judgement
4389-792: The development and practice of property law. The section is also active in property law reform activities. The Family Law Section has primary responsibility on behalf of the society in all areas of family law and has a strong and active voice in relation to such issues as Family Courts management, the independence of the Family Court, Lawyer for Child rates, legal aid rates, and education. The In-house Lawyers Association of New Zealand provides advocacy, networking and education to lawyers working in private sector, public sector, academia, not-for-profit and other organisations. The Law Society makes submissions on many bills referred to select committee and on discussion papers from government agencies and
4466-683: The distinction between barristers and other types of lawyers does not exist at all. A barrister is a lawyer who represents a litigant as an advocate before a court. A barrister speaks in court and presents the case before a judge, with or without a jury. In some jurisdictions, a barrister receives additional training in evidence law, ethics, and court practice and procedure. In contrast, other legal professionals (such as solicitors) generally meet with clients, perform preparatory and administrative work, and provide legal advice. Barristers often have little or no direct contact with their clients. All correspondence, inquiries, invoices, and so on, will be addressed to
4543-479: The executive body, managing the affairs of the Law Society and exercising most of the functions and powers of the Council under delegation. The Board comprises the president (and president-elect where applicable) and the four vice-presidents. The Board also has an independent, non-lawyer representative. It appoints members to the Law Society's law reform committees. The Law Society is supported by its executive, under
4620-669: The government. Barristers Ireland: Barrister-at-Law degree with pupillage A barrister is a type of lawyer in common law jurisdictions . Barristers mostly specialize in courtroom advocacy and litigation . Their tasks include arguing cases in courts and tribunals , drafting legal pleadings , researching the law and giving legal opinions. Barristers are distinguished from solicitors and other types of lawyers (e.g. chartered legal executives) who have more direct access to clients, and may do transactional legal work. In some legal systems, including those of South Africa , Scandinavia , Pakistan , India , Bangladesh , and
4697-880: The issue. In most countries, barristers operate as sole practitioners and are prohibited from forming partnerships or from working as a barrister as part of a corporation. In 2009, the Clemens Report recommended the abolition of this restriction in England and Wales. However, barristers normally band together into barristers' chambers to share clerks (administrators) and operating expenses. Some chambers grow to be large and sophisticated. In some jurisdictions, barristers may be employed by firms and companies as in-house legal advisers . In court, barristers may be visibly distinguished from solicitors, chartered legal executives, and other legal practitioners by their apparel. For example, in criminal courts in Ireland, England, and Wales,
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#17327730930234774-491: The leadership of the executive director. The regulatory functions of the Law Society are set out in s 65 of the LCA . They include controlling and regulating the practice of the profession of law in New Zealand, and assisting and promoting the reform of the law (for the purpose of upholding the rule of law and the administration of justice). Among the Law Society's regulatory activities are: All lawyers are regulated, and must pay
4851-572: The legal adviser, who is also primarily responsible for the barrister's fees. In England and Wales, solicitors and chartered legal executives can support barristers when in court, such as managing through the managing of large volumes of documents in the case or negotiating a settlement outside the courtroom. A barrister will usually have rights of audience in the higher courts, whereas other legal professionals will often have more limited access, or will need to acquire additional qualifications to have such access. As in common law countries in which there
4928-986: The next three years. Prendergast's first client was Julius Vogel, then editor of the Otago Daily Times . In Dunedin, Prendergast prospered – he became a senior partner in the firm of Prendergast, Kenyon and Maddock. In 1863, he was appointed acting solicitor for the Otago Province , and in 1865 became Crown Solicitor in Otago. From 1865 onwards Prendergast rose through series of national roles, from Member of Parliament, to Attorney-General and then Chief Justice of New Zealand and leading to his being knighted in November 1881. Prendergast, John Parkin Taylor , Arthur Seymour , John Acland , James Crowe Richmond , James Rolland , Henry Miller , Henry Joseph Coote and Alfred Rowland Chetham-Strode were all appointed to
5005-457: The proceedings in their entirety. Any lawyer may apply to become a King's Counsel (KC) to recognize the long-standing contribution to the legal profession but this status is only conferred on those practicing as solicitors in exceptional circumstances. This step referred to as "being called to the inner bar" or "taking silk", is considered highly prestigious and has been a step in the career of many New Zealand judges. Unlike other jurisdictions,
5082-485: The rank of Senior Advocate of Nigeria (SAN). James Prendergast (judge) Sir James Prendergast GCMG (10 December 1826 – 27 February 1921) was the third Chief Justice of New Zealand . Prendergast was the first Chief Justice to be appointed on the advice of a responsible New Zealand government, but is chiefly noted for his far-reaching decision in Wi Parata v The Bishop of Wellington in which he described
5159-485: The rank of King's Counsel was granted prior to the handover of Hong Kong from the United Kingdom to China in 1997. After the handover, the rank has been replaced by Senior Counsel post-nominal letters : SC. Senior Counsel may still, however, style themselves as silks, like their British counterparts. In India , the law relating to barristers is the Advocates Act, 1961, which is administered and enforced by
5236-459: The relevant provincial law society for admission. A year of articling as a student supervised by a qualified lawyer and the passing of provincial bar exams are also required for an individual to be called to bar as a barrister and solicitor. The situation is somewhat different in Quebec as a result of its civil law tradition. The profession of solicitor, or avoué , never took hold in colonial Quebec, so attorneys ( avocats ) have traditionally been
5313-455: The required regulatory fees and levies. Full membership of the Law Society is voluntary, and is open to any lawyer with a current practising certificate. Membership includes access to the full range of the Law Society's representative services and the opportunity to have a say in the way the profession is regulated. The Property Law Section represents the interests of a large number of New Zealand's property lawyers by supporting its members in
5390-574: The rush to the Eureka diggings in Victoria, Australia . He had some luck as a goldminer but contracted dysentery and moved back to town where he became a magistrate's clerk, first at Elephant Bridge, then Carisbrook and, in 1854, Maryborough. In 1856, another Londoner, the young Julius Vogel , set up shop next to Prendergast's office on the Dunolly field, near Maryborough. Vogel and Prendergast began what
5467-483: The supreme courts, in civil, criminal or administrative matters. In Germany, no distinction between barristers and solicitors is made. Lawyers may plead at all courts except the civil branch of the Federal Court of Justice ( Bundesgerichtshof ), to which fewer than fifty lawyers are admitted. Those lawyers, who deal almost exclusively with litigation, may not plead at other courts and are usually instructed by
5544-470: The term "junior barrister" is popularly used to refer to a lawyer who holds a practicing certificate as a barrister, but is employed by another, more senior barrister. Generally, junior barristers are within their first five years of practice and are not yet qualified to practice as barristers sole. Barristers sole (i.e. barristers who are not employed by another barrister) who are not King's Counsel are never referred to as junior barristers. In Nigeria , there
5621-437: The trial after the first, but if a case is settled before trial, the barrister is not needed and the brief fee would be wasted. Some solicitors avoid this by delaying delivery of the brief until it is certain the case will go to trial. Some benefits of maintaining the split include: Some disadvantages of the split include: Barristers are regulated by the Bar for the jurisdiction where they practice, and in some countries, by
5698-718: Was Wi Parata v the Bishop of Wellington in 1877, a case involving Māori land in Porirua that was given to the Anglican Church for the purpose of building a school. The school was never built and Parata asked the land given to the Church be returned to the Ngāti Toa iwi. In his judgement, Prendergast took the view that "native" or "aboriginal" customary title, not pursuant to a Crown grant, could not be recognised or enforced by
5775-463: Was educated at St Paul's School, London . He entered Caius College, Cambridge in 1845, but soon migrated to Queens' College , graduating BA in 1849. In 1849, he married Mary Jane Hall at Cambridge. They had no children. He enrolled at the Middle Temple in London in 1849, but spent some of the following year teaching at Routledge's School, Bishop's Hull , Somersetshire. In 1852, he joined
5852-513: Was seen as valid in terms of the transfer of sovereignty, but as it was not part of New Zealand statute law it was not binding on the Crown. During the "Barton Affair" of 1876-78 he imprisoned lawyer George Elliott Barton for a month for contempt of court, a ruling that split the Wellington legal profession. He had probably met "little Barton" (who was described as an "exciteable Irishman") on
5929-640: Was to be a long and mutually beneficial association. His brother Michael Prendergast was also in Victoria, and moved to Dunedin. Prendergast decided to emigrate to New Zealand and with his wife arrived in Dunedin on 20 November 1862. He was admitted to the Bar in Otago that year. His arrival in Dunedin coincided with the Otago gold rush . Thirty-three lawyers were enrolled in Dunedin in 1862, and twenty more over
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