The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-10-03
The New Rules for Admission to the
Unr.

The New Rules for Admission TO the
| Bar.
! The new Code OF Civil Procedure, which
wont into effect on the LIST OF September, and
! tho -.,ios of tho ov,.lt Vr AplpaiS, which
went into effect on the LIST Of October have
made important changes in the method Of
admission TO the bar Of this State We be-
| lieve the tendency OF these changes Is good.
although they are in some particulars open
10 criticism.
| The distinction between attorneys and
councillors is TO some extent restored. We
do not mean the English distinction, for in
England an attorney never graduates into
barrister, the equivalent Of our counsel
| lori Tut We mean the system which has
| found good deal of favor in America. Of
| requiring candidates for the bar to practise
Tor the first few years simply as attorneys
Broadly stated, the difference between tho
functions OF an attorney and counsellor il
that the written preparation Of case for
trial and tho collection Of the evidence be-
long to the attorney while to the counsellor
is conlided the oral conduct of the cause in
court.
The examinations are to be held by the
Judges OF the General Term of the Supreme
NNN'e ~ NoNh Vi Nilc lbul guilltlll depart
ments into which the State is divided. or by
committee of lawyers appointed by the
General Term. Each candidate will first
be examined for admission as an attorney
only, and II he satisfies the requirements
he Will be admitted as an attorney and
licensed to practise in that capacity solely.
After he has practiscd as an attorney for at
least two years, he may then apply for adj
mission as n counsellor and must pass an
other examination.
The service Of regular clcrkship In n
practising attorneys Office is made indis-
pcnsable to admission TO the first examina-
lion. Ordinarily, this clerkship must have
lasted three years. In tine case Of q college
graduate it need he only two years; and it
IL reduced TO ono year In the case OF q col
lcgc graduate who has studied year at q
regular law school in this state. or Of any
other candidate who has studied two years
at such law school.
Tho right heretofore possessed by the
graduates 81 certain law schools to be adj
United without examination. simply upon
the presentation Of their diplomas has been
taken away by the new code with saving
clause, however in favor Of present stu
dents. We should be sorry to think that
this change arises out of any hostility TO
the law schools and, indeed, the accept
ance Of the maximum period Of study at
these institutions, in lieu of two-thrds of
the ordinary clerkship shows that the in
struction they give must be highly es-
teemed by the Judges Of the Court Of APP
peals, the trainers of the rules. But we
suppose lawyers are now pretty generally
agreed that some experience in an Office is
necessary In order to qualify student to
practise the profession; and as he may,
under present conditions, graduate at law
school without ever having been inside law
Office, the diploma cannot justly be regard
ed as evidence Of the professional qualilica-
tions which ought TO be insisted on.
We notice, however, that it is only for
study in New York law schools that re-
ductlon from the three years Of clerkship is
permitted. student who spends year at
tho Columbia College Law School will have
to serve only two years as a clerk; while
student who spends year at the Law
School OF Harvard University must still
serve his clerkship Of three full years if he
wants to practise ia this State. We do not
think tbs distinction ought to be maintained
against institutions Of acknowledged stand
ing, even though they happen TO be outside
our own boundaries. 1t may be founded on
the idea that the law Of New York will not
be so well taught without the State as with
in 1t; but the year Of clorkship which is re-
quircd in all cases will amply suffice to ac-
quaint the student generally with what is
distinctive in our own law, and In the best
law schools tho later course Of study is al
ways arranged with reference to the locality
in which the student intends to practise
There is another provision in the rules
which seems to us Of questionable prol-
ETY.. The proof that the candidate for adj
miss. j has pursued the course Of study at
n law school which is allowed b be suhsti-
tuted for portion Of the clerkship is re-
quired to be -atlsiactory-n as one would
expect, TO the court, which at General Term
consists Of three Judges, but to the pre-
siding Judge Of the court, who atone Shall
make the order allowing reduction from
the regular term Of clerkship by reason Of
such studies" We are at a loss to perceive
any reason for giving one Judge, in a court
Of three, the power TO net in the matter of
admissions to the bar without reference
and perhaps contrary to the judgment of
both li, ussociatps