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Lawyer: the story on HearLore | HearLore
Lawyer
In ancient Athens, the very first people who could be described as lawyers were forbidden from charging a fee for their services. These early orators, who began to appear around the middle of the fourth century BC, operated under a strict rule that individuals must plead their own cases. While citizens could ask a friend for assistance, the law prohibited anyone from taking money to plead the cause of another. This created a legal fiction where these early advocates had to present themselves as ordinary citizens generously helping a friend for free, preventing them from ever organizing into a real profession. They could never present themselves as legal professionals or experts, and the rule was never abolished, meaning the true birth of the paid legal profession had to wait for a different civilization to emerge.
Rome's Fee Ceiling And The Rise Of Experts
The Roman Empire changed the landscape of legal practice when Emperor Claudius abolished the ban on fees in the first century AD, allowing advocates to become the first lawyers who could practice openly. However, Claudius did not leave the profession unregulated; he imposed a fee ceiling of 10,000 sesterces, a sum that the satirist Juvenal later complained was not much money, noting that there was no money in working as an advocate. While advocates were initially unregulated amateurs, the profession evolved into a highly stratified system by the start of the Byzantine Empire. A separate class of wealthy amateurs known as jurisconsults, or iuris consulti, had already been providing legal opinions to judges and governors, but they eventually went into decline as advocates began studying law in addition to rhetoric. By the sixth century, a regular course of legal study lasting about four years was required for admission, and advocates had to be enrolled on the bar of a court to argue before it.
The Medieval Collapse And The Church's Return
After the fall of the Western Roman Empire, the legal profession in Western Europe collapsed entirely, and by 1140, no one could properly be described as a professional lawyer in the modern sense. The profession's return was marked by renewed efforts from the church and state to regulate it, beginning with a crucial shift between 1190 and 1230 when some men began to practice canon law as a lifelong profession. In 1231, two French councils mandated that lawyers had to swear an oath of admission before practicing before the bishop's courts, and a similar oath was promulgated by the papal legate in London in 1237. The civil courts in England joined this trend in 1275 when a statute was enacted that prescribed punishment for professional lawyers guilty of deceit. By 1250, the nucleus of a new legal profession had clearly formed, culminating in a controversial proposal at the Second Council of Lyon in 1275 that all ecclesiastical courts should require an oath of admission.
When did the first lawyers appear in ancient Athens?
The first lawyers appeared in ancient Athens around the middle of the fourth century BC. These early orators were forbidden from charging fees and had to plead their own cases under strict rules. They could never organize into a real profession because the law prohibited taking money to plead the cause of another.
Who abolished the ban on fees for lawyers in the Roman Empire?
Emperor Claudius abolished the ban on fees for lawyers in the first century AD. He allowed advocates to become the first lawyers who could practice openly while imposing a fee ceiling of 10,000 sesterces. This change marked the true birth of the paid legal profession in Roman history.
When did the legal profession return to Western Europe after the fall of the Roman Empire?
The legal profession returned to Western Europe between 1190 and 1230 when some men began to practice canon law as a lifelong profession. By 1250, the nucleus of a new legal profession had clearly formed with oaths of admission mandated by French councils in 1231 and 1237. The civil courts in England joined this trend in 1275 when a statute prescribed punishment for professional lawyers guilty of deceit.
What is the difference between a barrister and a solicitor in England and Wales?
A barrister is a lawyer who typically specializes in arguing before courts, particularly in higher courts. A solicitor is a lawyer who prepares cases and gives advice on legal subjects, obtaining facts from the client and briefing a barrister. In England and Wales, the usual division of labor ensures that a solicitor files pleadings while a barrister orally argues the case.
Which university was the first to grant law degrees and doctorates to lawyers?
The law school of the University of Bologna was the first university to grant law degrees and doctorates in the 11th century. This practice started the tradition of addressing lawyers with the title of doctor in many southern European countries including Portugal, Italy, and Malta. The title of doctor has traditionally not been used to address lawyers in England or other common law countries.
When did China enact a comprehensive reform package to establish lawyers?
China enacted a comprehensive reform package in 1996 to establish lawyers after having only poorly trained, state-employed legal workers prior to that date. Communist countries historically went the farthest towards total state control, with all communist lawyers forced to practice in collectives by the mid-1950s. The People's Republic of China did not have lawyers before this 1996 reform.
England emerged from the Middle Ages with a complexity in its legal professions similar to that of civil law jurisdictions, but then evolved by the 19th century to a single division between barristers and solicitors. A barrister, also known as an advocate or counselor, is a lawyer who typically specializes in arguing before courts, particularly in higher courts. A solicitor, or attorney, is a lawyer who prepares cases and gives advice on legal subjects. In some jurisdictions, solicitors also represent people in court, but in England and Wales, the usual division of labor is that a solicitor will obtain the facts of the case from the client and then brief a barrister. The barrister then researches and drafts the necessary court pleadings, which will be filed and served by the solicitor, and orally argues the case. This division created a unique system where barristers in the same chambers could work for opposing sides in a case without a conflict of interest, a practice that is commonplace in some specialized chambers.
The Doctor Title And The American Degree
Historically, lawyers in most European countries were addressed with the title of doctor, a practice that started with the law school of the University of Bologna in the 11th century, which was the first university to grant law degrees and doctorates. In many southern European countries, including Portugal, Italy, and Malta, lawyers have traditionally been addressed as doctor, a practice that was transferred to many countries in South America and Macau. In contrast, the title of doctor has traditionally not been used to address lawyers in England or other common law countries. Until 1846, lawyers in England were trained by apprenticeship or in the Inns of Court, with no undergraduate degree being required. In the United States, the most common law degree is the Juris Doctor, yet most J.D. holders do not use the title doctor, though it is common for them to use the honorific suffix Esquire. In France, Belgium, and Luxembourg, legal professionals are addressed as Maître, abbreviated to Me, while in Poland, the title Adwokat is used to refer to advocates and attorneys at law.
The Watergate Scandal And Public Distrust
Public distrust of lawyers reached record heights in the United States after the Watergate scandal, leading to a surge in the popularity of legal self-help books among those who wished to solve their legal problems without having to deal with lawyers. Lawyer jokes soared in popularity in English-speaking North America as a result of the scandal, and the legal profession faced criticism as amoral guns for hire. The hostility towards the legal profession is a widespread phenomenon, famously captured by William Shakespeare in Henry VI, Part 2, where he wrote, The first thing we do, let's kill all the lawyers. The legal profession was abolished in Prussia in 1780 and in France in 1789, though both countries eventually realized that their judicial systems could not function efficiently without lawyers. Studies have shown that suicide rates among lawyers in certain jurisdictions may be as much as six times higher than the average population, and commentators suggest that the low opinion the public has of lawyers, combined with their own high ideals of justice, which in practice they may see denied, increase the depression rates of those in this profession.
The Global Divide And The State's Control
A key difference among countries is whether lawyers should be regulated solely by an independent judiciary and its subordinate institutions, or whether lawyers should be subject to supervision by the Ministry of Justice in the executive branch. In most civil law countries, the government has traditionally exercised tight control over the legal profession in order to ensure a steady supply of loyal judges and bureaucrats. Communist countries historically went the farthest towards total state control, with all communist lawyers forced to practice in collectives by the mid-1950s. China is a prime example, where technically, the People's Republic of China did not have lawyers, and instead had only poorly trained, state-employed legal workers prior to the enactment of a comprehensive reform package in 1996. In contrast, common law lawyers have traditionally regulated themselves through institutions where the influence of non-lawyers, if any, was weak and indirect, despite nominal state control. Such institutions have been traditionally dominated by private practitioners who opposed strong state control of the profession on the grounds that it would endanger the ability of lawyers to zealously and competently advocate their clients' causes in the adversarial system of justice.
The Modern Practice And The Fee Structure
In the United States, lawyers typically earn between 100,000 and 220,000 dollars per year, although earnings vary by age, experience, and practice setting. Lawyers are paid for their work in a variety of ways, including an hourly fee according to a billable hour structure, a contingency fee, or a lump sum payment. Normally, most lawyers negotiate a written fee agreement up front and may require a non-refundable retainer in advance. Recent studies suggest that when lawyers charge a fixed fee rather than billing by the hour, they work less hard on behalf of clients, and clients get worse outcomes. In many countries, lawyers can also volunteer their labor in the service of worthy causes through an arrangement called pro bono, short for pro bono publico, meaning for the common good. Traditionally such work was performed on behalf of the poor, but in some countries it has now expanded to many other causes such as environmental law. In some countries, there are legal aid lawyers who specialize in providing legal services to the indigent, while in others, legal aid specialists are practically nonexistent.