Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
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. 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. They 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.
There are two types of attorney: one attorney appears in the place of
his principal, who does not appear. The appointment of this attorney is
an unusual and a solemn thing, only to be allowed on special grounds and
with the proper formalities. For instance, a poor person may not be able
to afford to travel to attend the royal court in person. The other one
is the pleader-attorney, who accompanies his client to court and
advocates his position with his knowledge of the law and his
persuasiveness.
In 1280, the city of London made regulations for the admission of both
types of attorneys to practice before the civic courts, and for their
due control. In 1292 the king directed the justices to provide a certain
number of attorneys and apprentices to follow the court, who should have
the exclusive right of practicing before it. This begins the process
which will make the attorney for legal business an "officer of the
court" which has appointed him.
- - - Chapter 9 - - -
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