Lawyers in New South Wales, 1856-1914 : the evolution of a colonial profession

Abstract

Between 1856 and 1914 the character of the legal profession in New South Wales changed markedly. It evolved from being a small group of primarily British practitioners with no real foundations in the colony into an independent and cohesive colonial profession strongly conscious of the need to preserve its standards and reputation and of its responsibilities with respect to the administration of justice. Historians have, however, largely overlooked the significance of this change and its implications for the legal and political development of the colony. Although lawyers appeared to have won a secure and leading position in the social and political life of New South Wales by the 1850s, there were important weaknesses in the composition of the profession which soon undermined its standing and influence. Not only did the profession lack the numbers and the experience to cope adequately with the demands of the colony which was expanding rapidly in the wake of the gold rushes but its. political authority was linked closely to the fortunes of the colony's conservative social elite whose former dominance of the government of New South Wales disintegrated rapidly after the introduction of responsible government in 1856. Neither barristers nor solicitors showed any inclination or ability to respond. They were primarily concerned with furthering their individual careers and clearly had little sense of commitment to the more general interests of the profession. In consequence, the profession's reputation deteriorated and law reform slipped into abeyance. It was not until the 1880s that lawyers began to demonstrate new strengths. In part this change was due to the increased size and experience of the profession and the apolitical standing of its leaders, but above all it reflected the new character of the individual lawyer. Two decades of prosperous economic development had greatly enhanced the opportunities for colonial youth to aspire to the law. They brought with them a strong awareness of the position which they had won and a determination to preserve the rights and reputation of lawyers. These sentiments, together with an increasing realisation of the profession's colonial identity, led to the upgrading of admission standards and legal education, provided the basis for effective cooperation among lawyers upon a wide variety of issues, and greatly increased both the interest of barristers and solicitors in law reform and their ability to pursue that object successfully. The united response of lawyers to the economic difficulties and political changes of the 1890s and early 1900s confirmed how far these new qualities had become fundamental elements in the character of the legal profession of New South Wales. Show more