SOLICITOR , inEngland, an officer of the Supreme
See also:Court of Judicature qualified to conduct legal proceedings for his clients: see also
See also:ATTORNEY . Previous to the reign of
See also:Henry III. the
See also:law considered it indispensable that the parties to a suit should be actually
See also:present, but the
See also:privilege of appearing by attorney was conceded in certain cases by
See also:dispensation . The passing of the
See also:statute of Merton and subsequent enactments; made it competent for both parties in all judicial proceedings to appear by attorney . Previous to the passing of the Judicature
See also:Act of 1873 there was a distinction between the terms " solicitor " and " attorney." Solicitors appear to have been -at first distinguished from attorneys, as not having the attorney's power to bind their principals., but latterly the distinction was between attorneys as the agents formally appointed in actions at law, and solicitors who took care of proceedings in parliament,
See also:chancery, privy council, &c . In practice, however, and in ordinary language, the terms were synonymous . Down to the 17th century the solicitor of the chancery courts was considered inferior to the attorney of the common law courts, but the rapid growth of
See also:equity jurisdiction gave the solicitor an importance in no degree inferior to his
See also:fellow practitioner at the common law . Until 1873 it was usual for attorneys to be admitted as solicitors as well, but the Judicature Act of that
See also:year enacted that all persons admitted as solicitors, attorneys or proctors of an
See also:English court shall hence-forth be called solicitors of the Supreme Court . Regulations regarding the qualification of attorneys are found as far back as the 20
See also:Edward I . (1292), and the profession has been stringently regulated by a series of statutes passed during the 19th century, notably the Solicitors Act 1843 and the Solicitors Acts 1877 and 1888 . Every
See also:person, before he can become a duly qualified solicitor, must serve an apprenticeship or clerkship to a practising solicitor for a
See also:term of years varying from three to five, he must. pass all the necessary
See also:examinations, he must be duly admitted and entered on the
See also:roll of solicitors kept by the Incorporated Law Society and must take' out an
See also:annual certificate to practise . The organization of the profession is in the hands of the Incorporated Law Society . Established originally in 1827, in succession to an earlier ' society dating back to 1739, it was incorporated in 1831 .
It began courses of lectures for students in 1833 and ten years later was constituted registrar of attorneys and solicitors . In 186o it obtained the power of suing unqualified solicitors and in 1888 it was given the custody of the roll of solicitors, on the abolition of the
See also:office of the clerk of the
See also:Petty Bag . The Solicitors Act of 1888 vested in the Incorporated Law Society the power of investigating complaints as to the professional conduct of solicitors, as well as power to refuse to renew the annual certificate of a solicitor, subject to the solicitor's right of
See also:appeal . The statutory
See also:committee of the Incorporated Law Society may make application to the court to strike a solicitor off the rolls without preliminary inquiry by the committee where he has been convicted of a criminal offence, but where he is alleged to have been guilty of unprofessional conduct or a statutory offence the committee first hold a preliminary inquiry . Apart from its judicial administrative authority it has exercised powerful influence in the attitude which it has frequently taken towards proposed legislation . Membership of the society, which is not compulsory, is open to any duly qualified practising solicitor, on approval by the council . No, person, however duly qualified, can be admitted as a solicitor till he has attained the age of 'twenty-one years . Though admitted as a solicitor and his name entered on the roll he is not at liberty to practise until he has taken out his annual certificate, the fees for which vary according as the applicant 1 E .
See also:Schrader, Abh . K . Preuss . Ak .
Wiss . (1879), pp . 31-36 . intends to practise in
See also:London or the provinces . Solicitors now have a right to practise in any court, i.e. in every division of the High Court, in every inferior court, -in the ecclesiastical courts (as proctors), in the court of appeal, in the privy council and in the
See also:House of Lords . Their right of
See also:audience, however, is restricted . They may appear as
See also:advocates in most of the inferior courts, as before justices, magistrates, coroners, revising barristers and
See also:county courts . They have no right of audience, however, in the Mayor's court, London, nor in the High Court of
See also:Justice, privy council or House of Lords, where, from
See also:time immemorial, the right has pertained to the
See also:bar, but they have right of audience in
See also:chambers and certain bankruptcy matters . Since the
See also:Conveyancing Act 1881 solicitors may do all kinds of conveyancing, which formerly was considered the exclusive business of the bar . The Conveyancing Act 1881 having made
See also:great changes in the practice of conveyancing, it became necessary to place the remuneration of solicitors upon a new basis . This was done by the Solicitors Remuneration Act, passed on the same
See also:day as the Conveyancing Act . It provides for the framing of general orders, fixing the principles of remuneration with reference inter alia to the skill and responsibility involved, not, as was generally the case before, with reference simply to the length of the documents per-used or prepared .
A solicitor is not responsible for statements made by him in his professional capacity as an
See also:advocate, and all communications which pass between a solicitor and his client are privileged, so also is any information or document which he has obtained in his professional capacity on behalf of his client . The relation of solicitor and client disqualifies the former from dealing with his client on his own behalf, while it gives him a
See also:lien, on
See also:pro-4essional services, over the deeds, &c., of the client in his possession . A solicitor's remuneration is minutely arranged by statute and he has no power of recovering more from his client than his statutory charges, and he is liable to be sued for damages for negligence in his client's behalf . Certain
See also:personal privileges belong to a solicitor . He is
See also:free from serving on juries, nor need he, against his will, serve as a mayor,
See also:sheriff, overseer or
See also:churchwarden . In Scotland solicitors in the Supreme Court are not, as in England, the only persons entitled to act as law agents . They
See also:share the privilege with writers to the signet in the Supreme Court, with agents at law and procurators in the inferior courts . They were formed into a society in 1784 and incorporated in 1796, and are usually recognized as members of the
See also:College of Justice . This difference is, however, now of little importance, as by the Law Agents Act 1873 any person duly admitted a law
See also:agent is entitled to practise before any court in Scotland . In the
See also:United States the term solicitor is used in some states in the sense of a law agent practising before a court of equity . Many of the great public offices in England and the United States have their solicitors . In England the
See also:treasury solicitor fills an especially important position .
He is responsible for the enforcement of payments due to the treasury, and conducts generally its legal business . The office of
See also:king's proctor is also combined with that of treasury solicitor . Under his
See also:powers as king's proctor the treasury solicitor acts as
See also:administrator of the personal
See also:estate of an intestate which has lapsed to the
See also:crown, and intervenes in cases of
See also:divorce where collusion is alleged (see under PROCTOR) . Under the
See also:Prosecution of Offences Act 1884 he also acted as director of public prosecutions, and was sometimes called Crown Solicitor . By the Prosecution of Offences Act 1908 the office of director of public prosecutions was separated from that of treasury solicitor and made a
See also:appointment . In
See also:Ireland, solicitors called crown solicitors are attached to each circuit, their
See also:duty being to prepare the case for the crown in all criminal prosecutions . In the United States the office of solicitor to the treasury was created by Act of Congress in 183o . His
See also:principal duties are to take
See also:measures for protecting the revenue and to
See also:deal with lands acquired by the United States by judicial
See also:process or vested in them by security for payment of debts . See E . B . V . Christian, A
See also:History of Solicitors; Cordery on Solicitors; and A .
P . Poley, Law Affecting Solicitors . SOLICITOR-GENERAL, in England, one of the law
See also:officers of the crown, appointed by letters patent . He is always a member of the House of
See also:Commons and of the
See also:political party in power, changing with it . His duties are practically the same as those of the attorney-general (q.v.), to whom he is subordinate, and whose business and authority would devolve upon him in case of a vacancy in the office . He receives "a
See also:salary of £6000 a year, in addition to fees for any litigious business he may conduct on behalf of the crown . The position of the solicitor-general for Scotland in the
See also:main corresponds with that of the English solicitor-general . He is next in
See also:rank to the
See also:lord-advocate . In the United States the office of solicitor-general was created by Act of Congress in 187o .
SOLI (mod. Mezetlii)
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