Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
Reilly, S. A.
Law -- England -- History
A professional class of temporal attorneys whose business it is
to appear on behalf of litigants is prominent in the nation. The idea
of representation has spread outwards from a king who has so many
affairs that he can not conduct them in person. Men often appear to
defend themselves in the king's court by attorney. But attorneys do not
conduct prospective litigation for a client. Attorneys are now drawn
from the knightly class of landed gentlemen, instead of ecclesiastical
orders. Since it was forbidden for ecclesiastics to act as advocates in
the secular courts, those who left the clergy to become advocates
adopted a close-fitting cap to hide their tonsures, which came to be
called a "coif". The great litigation of the nation is conducted by a
small group of men, as is indicated by the earliest Year Books of case
decisions compiled by attorneys and students attending the court. These
attorneys sit in court and will sometimes intervene as amicus curiae
[friends of the court]. Parliament refers difficult points of law to
them as well as to the justices. These reports became so authoritative
that they could be cited in the courts as precedent. Groups of
attorneys from the countryside who are appearing in London courts
during term-time and living in temporary lodgings start to form
guild-like fellowships and buy property where they dine and reside
together, called the Inns of Court. They begin to think of themselves
as belonging to a profession, with a feeling of responsibility for
training the novices who sat in court to learn court procedures and
attorney techniques. They invited these students to supper at the Inns
of Court for the purpose of arguing about the day's cases. The Inns of
Court evolved a scheme of legal education, which was oral and used
disputations. Thus they became educational institutions as well as
clubs for practicing attorneys. The call to the bar of an Inn was in
effect a degree. To be an attorney one had to be educated and certified
at the Inns of Court. They practice law full time. Some are employed by
the King. Justices come to be recruited from among those who had passed
their lives practicing law in court, instead of from the ecclesiastical
orders. All attorneys were brought under the control of the justices.
Public-domain text, read in full here on John Shaqi.
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 — John Shaqi
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