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Incorporated Law Society

Legal definition for Indian law research

Definition

Incorporated Law Society, now termed the Law Society, was founded by Mr. Bryan Holme in 1825, and incorporated in 1831 by Royal Charter; this was surrendered for a new Charter in 1845, by which, as amended by Supplemental Charters in 1872, 1903, and 1909, the Society now remains constituted. The Society was incorporated 'to facilitate the acquisition of legal knowledge, and for better and more conveniently discharging the professional duties of the members of the Society,' under the full title of 'The Society of Attorneys, Solicitors, Proctors, and others not being Barristers practicing in the Courts of Law and Equity of the United Kingdom'; since the charter of 1903 it has been officially (as before them commonly) called 'The Law Society.'

The Society first instituted lectures for students in 1833, and was made registrar of attorneys and solicitors in 1843 by the (English) Solicitors Act, 1843 (6 & 7 Vict. c. 73), s. 21.

On the decay of the Inns of Chancery, which in their later aspect were the Inns specially appropriated to attorneys, a Society was formed called ''The Society of Gentlemen Practices in the several Courts of Law and Equity.' It was established in 1739, and was active and prosperous, at least until 1810. Mr. Bryan Home was a member of this Society, and his portrait now hangs in the Law Society's Hall.

A Metropolitan Law Society was also formed in 1819, and there seems no doubt that the Law Society is the successor both of these two earlier professional Societies and of the Inns of Chancery.

The official account of the objects and constitution of the Society will be found in the Society's Handbook published in 1933.

The Society is, in the first place, a voluntary association of solicitors for their mutual protection and benefit, and in this connection is regulated by its charters and bye-laws. In the second place, it is a body exercising statutory powers affecting the profession generally. In this capacity the Society performs the duties of Registrar of Solicitors, has the custody of the Roll of Solicitors, conducts the examination of articled clerks, deals, subject to appeal, with all applications for admission and for renewal of practicing certificates, and exercises various powers as regards proceedings against unqualified persons: see the (English) Solicitors Act, 1933 (22 & 23 Geo. 5, c. 37). Further statutory powers are vested in the Committee appointed by the Master of the Rolls under s. 4 of the Act, by whom all complaints against Solicitors for professional misconduct are heard. Under s. 5, the Committee can suspend or strike off the roll an offender, subject to a right of appeal to the Court (s. 8); see Encyclop'dia of the Laws of England.

Every person who is or has been a practicing solicitor in England or Ireland, or a writer to the signet, or writer in Scotland, is qualified to become a member of the Society. An applicant for admis-sion must be proposed by a member and balloted for by the council, the governing body of the Society (see Bye-laws of the Society, Nos. 2 and 3). The Council consists of 50 members, of whom 40 are ordinary members, and are elected by the members of the Society. In addition, there are 10 extraordinary members elected by the Council on the nomination of the Provincial Law Societies. The duties of the Council are numerous and important. It examines through various committees all Bills brought into Parliament, and makes such remarks and suggestions as appear to it necessary (see General Regulations, No. 39) and organizes opp-osition to such as appear to affect injuriously the rights and privileges of members. The Society has long been active in supporting legal reforms, and is now usually referred to for suggestions and remarks on Bills affecting the principles or practice of the law, and upon all new rules and orders. Many reforms in law and practice have been initiated, and numerous Acts of Parliament have originated with or have been supported by the Society. Questions of professional practice and etiquette are almost daily being referre to the Council, and they also assist the members of the Society by giving information on new points of law or practice, and by obtaining judicial decisions on doubtful questions of general interest. The Council also advise members through the Scale Committee on questions relating to costs. A library containing upwards of 67,000 volumes, and a hall supplied with current publications and books of reference, the daily cause lists, telegraphic exchange news and telephone, and a conference-room are open daily for the use of members.

Classes and postal tuition for articled clerks form part of the Society's scheme of legal education.

A provincial Meeting is usually held in the autumn of each year on the invitation of one of the country Law Societies. At these meetings an address by the President and other papers are read and discussed; and social gatherings, entertainments, and excur-sions are arranged.

Provincial Law Societies on some what similar lines have been established in various parts of the country

Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.

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