Clerk may other articles Time to count permit such articles to be discharged or assigned to such other person upon such terms and in such manner as the Court shall state. No. 33 of 1901, s. 15. 18. Whenever any such articles as aforesaid have been discharged as aforesaid or cancelled by consent of the parties thereto, or determined by the death of a Barrister and Solicitor, the clerk may be bound by other articles in writing to serve as a clerk to any other practising Barrister and Solicitor during the residue of the term for which he was bound by such first mentioned articles and service under such second articles subject to the provisions herein contained shall be as effectual for the purpose of this Ordinance as if such service had been performed under the first articles. No. 33 of 1901, s. 16. 19. If any such articles or assignments, with a statutory declaration or declarations in respect thereto hereinbefore required are not filed as aforesaid within the time hereinbefore limited therefor, the same may afterwards be filed with the said Secretary, but the service of the clerk shall be reckoned only from the day of such filing unless the Court in its discretion for special reasons otherwise orders. No. 33 of 1901, s. 17. Court to have same powers over Barristers as in England. Barrister not of unqualified person. DISCIPLINARY. 20. All Barristers and Solicitors shall be officers of the Territorial and other Civil Courts of the Territory, and the Territorial Court, or any Judge thereof shall possess and exercise the same powers and jurisdiction over and in respect of such Barristers and Solicitors as at the time of the passing hereof is possessed by the Supreme Court of Judicature in England over and in respect of Solicitors of the said last mentioned Court. No. 33 of 1901, s. 18. 21. No Barrister and Solicitor shall wilfully and knowto act as agent ingly act as the professional agent of any person not duly enrolled and qualified to act as a Barrister and Solicitor or suffer his name to be used in any such agency on account of or for the profit of an unqualified person, or send any process to such person, or do any other act to enable such person to practice in any respect as a Barrister and Solicitor, knowing him not to be qualified, and no Barrister and Solicitor shall enter into any partnership, agreement or arrangement in the nature of a partnership, or into any agreement or arrangement for sharing or dividing costs, proceeds or profits, or the fruits of any litigation or of any legal business transacted by such Barrister and Solicitor with any person not duly enrolled and qualified to practice as a Barrister and Solicitor in the Yukon Territory. No. 13 of 1901, s. 19. Barrister. 22. The Legal Adviser shall inquire into and thoroughly Legal adviser to investigate investigate any complaint made to such Legal Adviser by complaints any person against any Barrister or Solicitor for any just made against cause whatsoever, or against any person for any violation of any of the provisions of this Ordinance, and it shall be the duty of such Legal Adviser to whom such complaint is made if the same is well founded, to take such proceedings for disciplining or otherwise punishing such Barrister and Solicitor or other such person in the manner provided therefor in this Ordinance. No. 33 of 1901, s. 20. against conduct. 23. If, upon application, at the instance of any person, Proceedings supported by affidavit made to the Court, it shall prima Barrister for facie appear that a Barrister and Solicitor has been guilty unprofessional of professional misconduct or of conduct unbecoming a Barrister and Solicitor, or for default by him in payment of moneys received by him as a Barrister and Solicitor, or has been guilty of such misconduct as would, in England, be sufficient to bring a Solicitor under the punitive powers of the Supreme Court of Judicature, or has been guilty of any breach of the provisions of this Ordinance, the Court shall cause notice to be given to such Barrister and Solicitor, calling upon him to answer the facts, and at the time appointed by such notice shall hear the complainant and the Barrister and Solicitor, and any evidence adduced by them or either of them, and if the Court finds the complaint well founded it may direct that the name of such Barrister and Solicitor be struck off the roll of Barristers and Solicitors, or may suspend such Barrister and Solicitor from practising for such period as may be considered just. No. 33 of 1901. s. 21. Adviser. 24. The Court may order that notice of any application Court may made under the next preceding section be given by the order notice of application to complainant to the Legal Adviser, and to such other person be given Legal or persons as the Court thinks proper, and the Legal Adviser or the person or persons so notified, may appear in person or by Barrister and Solicitor on such application, and the conduct of such application may be entrusted by the Court to the Legal Adviser. No. 33 of 1901, s. 22. to be inserted 25. In any application to the Court under the provisions Name of of the next three preceding sections the name of the Bar- Barrister not rister and Solicitor complained of shall be suppressed and on proceedings all proceedings shall be headed: "In the matter of a Barrister and Solicitor" until the Court directs the insertion of the name of such Barrister and Solicitor. No. 33 of 1901, s. 23. unless ordered by court. 26. Whenever any Barrister and Solicitor is struck off When the Roll of Barristers and Solicitors or suspended from Barrister practising, the Clerk of the Court shall certify the same or suspended.. struck off rolls Clerk of Court under his hand and seal of the Court to the Territorial to notify Secretary, who shall file such certificates and shall make a Territorial Secretary. note opposite the name of such person on the said Roll of his having been struck off the same or suspended (as the case may be), and in case of suspension, the time of such -suspension. No. 33 of 1901, s. 24. Privilege of Barrister to cease on being 27. Upon a Barrister and Solicitor being struck off the roll as aforesaid, all his rights and privileges as a Barrister struck off roll. and Solicitor shall cease and determine, or in case he is suspended, he shall, during the period of his suspension possess no rights or privileges as a Barrister and Solicitor, and notice of his being struck off the roll or suspended shall forthwith be given by the Secretary to the Judges of the Territorial Court. No. 33 of 1901, s. 25. Court may order Barrister 28. The Territorial Court may, on application made for that purpose, and when in the opinion of such Court the struck off rolls subsequent conduct of the Barrister and Solicitor, or the to be resto ed. facts warrant it, order the name of any Barrister and Solicitor struck off the Roll to be restored thereto upon such terms as to the payment of money or otherwise as the Court directs, and in such case the Clerk of the Court shall certify the same under his hand and the seal of the Court to the Territorial Secretary, who shall file such certificate and make a note opposite the name of such person on the said Roll of his having been restored thereto. No. 33 of 1901, s. 26. Notice of be given to Territorial 29. Notice of such application shall be given to the application to Territorial Secretary and such other person or persons as the Court or a Judge upon ex parte application directs and the person so notified may, in person or by Barrister and Solicitor appear and oppose or consent to such application. No. 33 of 1901, s. 27. Barrister to arrears before 30. Provided that before being entitled to be restored to pay all fees in the Roll hereunder such person whose name is sought to be being restored 1estored shall pay all arrears of fees due by him to the said Treasurer, including the fees for the period which has elapsed since he was struck off the Roll. No. 33 of 1901, s. 28. to roll. Articled clerk 31. Whenever a person being an articled clerk shall be guilty of found by the Court or a Judge, after due inquiry, to have unprofessional conduct to be been, either before or after the coming into force of this struck off roll. Ordinance guilty of professional misconduct or conduct unbecoming an articled clerk, it shall be lawful for the Court or Judge to strike the name of such clerk from the roll of articled clerks. No. 33 of 1901, s. 29. No one to practice 32. No person other than Barristers and Solicitors duly qualified and admitted to practice in the Yukon Territory entered on roll shall act as Barrister and Solicitor in the Yukon Territory except or practice in any Court in the said Territory, or advise for Barrister duly fee or reward, directly or indirectly in matters pertaining to the law, or sue out any writ or process, or commence, carry on, solicit or defend any action or proceeding in any such Court, or assume to act or hold himself out to the public in any way as a person qualified to act as a Barrister or Solicitor, or shall in this Territory hold himself out with the object of obtaining legal practice in the Territory to be a Barrister at Law, Advocate, Solicitor or Attorney of any other Province, Territory or country, or be, or hold himself out as a partner or agent of any Barrister or Solicitor, or participate in the profits, as profits of the office, or any business of any Barrister or Solicitor of the Yukon Territory carried on or transacted as such Barrister or Solicitor, and any person contravening any provision of this section or assisting any person to contravene any provision of this section, shall be liable to and shall pay a fine or penalty of not less than three hundred and not more than five hundred dollars for the first offence, which fine or penalty may be imposed upon summary conviction by any justice of the peace upon an information being laid in the name of the Bar of the Yukon Territory, upon the oath of the Secretary thereof that he is informed and believes that the person charged has committed the acts alleged, or may be recovered by action brought by the Territorial Secretary in the Territorial Court, and such person, if a Barrister and Solicitor, shall be struck off the Roll, and for every subsequent offence such person contravening any provision of this section or assisting any person to contravene any provision of this section, shall be liable to and shall pay a fine or penalty of five hundred dollars, to be imposed or recoverd as aforesaid, and if a Barrister and Solicitor shall be struck off the Roll and disqualified from practising as a Barrister and Solicitor. of this section (2.) Any contravention of any provision of this section Contravention shall constitute a contempt of court and may be dealt with tobe contempt by the Territorial Court as such. of Court. on roll not to (3.) Any person doing any of the acts prohibited by this Barrister not section shall be incapable of recovering any fee, reward or collect fees or disbursement on account thereof, and any sum paid to such disbursements person therefor may be recovered back by the person paying the same. (4.) This section shall not be deemed to prevent person acting on his own behalf in any action, cause, or matter. No. 33 of 1901, s. 30. any person acting suit in his own Not to prevent behalf. may institute 33. The Legal Adviser may institute or authorize the Legal adviser institution of any proceedings under this Ordinance for any proceedings. breach of its provisions. No 35 of 1901, s. 31. 26-Y. O. SCHEDULE. Oath British subject. Oath of allegiance. Oath of OATH OF BARRISTER AND SOLICITOR. I, A. B., do swear (or being one of the persons allowed by law to affirm in judicial cases, do affirm) that I am a British subject by birth (or naturalization as the case may be) and that I am of full age of twenty-one years. So help me God. I, A. B., do sincerely promise and swear (or affirm) that I will be faithful and bear true allegiance to His Majesty, King Edward VII., as lawful sovereign of Great Britain and Ireland and of the Dominion of Canada, dependent on and belonging to the said United Kingdom, and that I will defend him to the utmost of my power against all traitorous conspiracies and attempts whatever which shall be made against his power, Crown and Dignity; and that I will do my utmost endeavour to disclose and make known to His Majesty, his heirs and successors, all treason and traitorous conspiracies and attempts which I shall know to be against him or any of them, and all that I do swear (or affirm) without any equivocation, mental evasion or secret reservation. So help me God. The proper officer under the direction of the court shall say to the barrister: "You are called to the degree of barrister to protect and defend the rights and interests of such persons as may employ you. You shall conduct all causes faithfully and to the best of your ability. You shall neglect no man's interest nor seek to destroy any man's property. You shall not be guilty of champerty or maintenance. You shall not refuse causes of complaint reasonably founded, nor shall you promote suits upon frivolous pretenses. You shall not pervert the law to favour or prejudice any man, but in all things shall conduct yourself truly and with integrity. In fine the King's interests and your fellow subjects you shall uphold and maintain according to the constitution and laws of this Territory." To which the barrister shall answer: "All this I swear (or affirm) to observe and perform to the best of my knowledge and ability. So help my God." "I, A. B., do further swear that I will truly and honestly demean myself in the practice of a solicitor according to the best of my knowledge and ability. So help me God." |