Tuesday, December 19, 2006

ARNOLD WEXLER, 1919 - 09 / 12 / 2006.

S.D.A. NEWSLETTER, DECEMBER, 2006, [IN ALLIANCE WITH THE BRITISH LEGAL ASSOCIATION].

Arnold Wexler, the President of the British Legal Association, died on Saturday, 09 / 12 / 2006, aged 87, and nine days later the funeral took place at the North-East Surrey Crematorium in Morden. A representative of the B.L.A. joined family members and friends. Several tributes were paid and Arnold's notable record in the legal profession was acknowledged.

It is rather a shock to realize that forty-two years have passed since he and a number of colleagues formed the B.L.A., in an effort to focus growing concerns about the profession's troubles and the perceived incompetence of the leadership of the Law Society as the governing body. Those in charge appeared remote and insensitive, and there were allegations, some, unhappily, well-founded, of bullying. Within months the B.L.A.'s numbers rose to c.1400, but it was nearly a year later that a particular feat of the official leadership triggered a crisis. That project was known as the Title Certificate Book Scheme, and it was meant to help the Government to surmount a problem over land registration, which had made very little progress across the country. It tried to use solicitors in general practice as a cheap substitute for the costly task of extending land registration all over England and Wales. It was, frankly ill-planned and unworkable - and Arnold and his colleagues said so, loudly and clearly. Within a few days of the B.L.A.'s mass protest rally in Birmingham in November, 1965, the Government announced that the Scheme was ditched. The B.L.A.'s membership topped 2,000 during that meeting, and continued to increase, reaching some 3,000 in all a year or so later, almost one-sixth of the total number of practitioners at the time.

Perhaps the most significant single change was the Law Society's decision in the late 1960's to change from large and unwieldy multi-member constituencies to mainly smaller, single member seats for elections to the Council, the governing body. That move, coupled with another measure, ending the system of having officially approved 'starred' candidates, effectively made elections democratic, so enabling individuals without influential networks and wealthy backers to fight and succeed. In that regard the Law Society have never looked back; naturally the successive generations of leaders continue to make errors and misjudgments - as we all do - but the arrogance has gone. The Society holds genuine debates on issues of policies, and, if a vote at a general meeting is challenged by a specified number of people, a postal ballot of the entire profession has to be held, Although the results do not bind the Council, it would be a foolhardy leadership that did not treat such a verdict with respect.
Arnold's involvement in these constitutional manoeuvrings was slight, but the impact of setting up the B.L.A., the first group of lawyers outside the established order of the national Law Society and the 120 or so highly assorted local law societies, was dramatic and permanent. After some years other independent associations and bodies began to appear, such as the Legal Aid Practitioners Group, The Society of Black Lawyers, Law-Care (formerly Sol-Care) and many others. Nowadays the Law Society simply accept the existence of such groups and work with them, usually on friendly terms. It is a pleasant contrast with the early days of the B.L.A., who were routinely accused of trying to divide the profession.

Arnold's successors worked hard to establish friendly relations, where agreements far outnumbered and outweighed differences, and where practical cooperation on matters of common concern was the aim, By and large those aims have been achieved. Problems, old and new, such as revising the regulatory system for solicitors, abound, but the atmosphere between Chancery Lane and the other bodies is amicable.Some important principles have thus been established. Arnold continued for many years both in general practice in South London, and alse as an Executive Committee menber of the B.L.A., where his alert and shrewd mind and apt remarks were carefully noted and mostly heeded. Two of his briefing notes from the early days have left their mark:
(a) [on campaigning on an issue] "fire from different directions and give the impression of an army;" and
(b) [ in answering a "lament" listing seemingly insoluble difficulties] "Yes, we've got problems, but that's what we're here for."
He had great charm, he was persuasive, he loved argument and he was very persistent. Lawyers, not just solicitors, former clients, a wide range of friends and relatives and a wider public have good reason to be thankful for Arnold's energy, talents, endeavours and achievements.
M.B.B

Published by the Solicitors' Defence Agency, Metropole Chambers, Salubrious Passage,Swansea, SA1 3RT, (Phone and Fax: 01792-648096)..

1 Comments:

Blogger Anthony Bogan said...

I cannot profess to have known Arnold Wexler well, but I knew him as one of the stalwarts and founders of the BLA. He was one of the old-school Solicitor rebels.I came from the next generation, but I quickly realised that all "rebels" are the same, in that they share an inate sense of wanting to turn wrongs into rights and a deep mistrust of anything that claims to have authority over others unless those others have given the authority in a truly democratic manner, without fear or favour.

The Bla's long - held position on seperating the Law Society's conflicting regulatory and representative functions is at long last recognised in the higher eschelons of authority. The only pity is that it has taken so long to accept what for many people like Arnold Wexler was " bleedin obvious" in the first place. But, better late than ever.

I was sorry to hear of Arnold's passing. He now joins another great BLA stalwart, Alex Alaggapa who left us last year. I have a hunch that they are now both chewing the rebel cud in a different place, but for a similar purpose. Serving the interests of justice.

We should all be greatful for the work that they did. They will be missed but the spirit of what they stood for lives on.

Anthony Bogan

10:22 AM  

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