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A Philadelphia Lawyer in the London Courts

Chapter 2 THE MAKING OF LAWYERS

Word Count: 4011    |    Released on: 01/12/2017

NS OF CHANCERY-STUDENTS AT PERIOD OF REVOLUTION-A BARRISTER'S CHAMBERS-TRAI

has somewhat lessened the prestige of success at the Bar there, as it has done in America, where a millionaire, upon urging his son to enter the profession, was met by the young hopeful's reply: "Pooh, father, we can hire lawyers." Nevertheless, the law still draws its recruits from the flower of the yo

tion, owing to the difficulty of ascertaining accurately the status of the parent, if not a peer; and Sir Thomas Smith who, more than three centuries ago, after describing the various higher titles, attempted a definition of the word "gentleman," could formulate nothing more definite than the following: "As for gentlemen they be made good cheap in this kingdom; for whosoever studieth the laws of the realm, who studieth in the universities, who professeth the

when asked how he made his selection from the ranks of the barristers when obliged to name a new

ty court) was sensitive about his own position, for the passage of a now-forgotten Act of Parlia

rs' benches side by side with self-made men, some of whom have become ornaments of the Bar, and with men of divers races, such as swarthy East Indians, and Dutch South Africans. One or two barristers may even be found, who, although members of the Bar a

improvement in training, too, in the promulgation of rules of professional conduct, in the enforcement of a firm discipline and in the nursing of traditions, all tend to raise and maintain a higher standar

nd-and they are, as a rule, more broadly cultivated than those who intend to become solicitors. Some, indeed, take a full course of theoretical law at Oxford or

rooked lanes, mostly closed to traffic, but available for pedestrians. Unexpected open squares, refreshed by fountains, delight the eye, the whole affording the most peaceful quietude, despite the nearness of the roar of surrounding London. The four Inns of Co

uilding, and the whole space is now occupied by an intricate mass of structures-the great Halls, the Libraries, the quaint barristers' chambers-and by the beautiful Temple Gardens, sloping to the Thames, adorned with bright flowers and shaded by fine trees. There is

ceiling of ancient oak. Shakespeare's comedy, Twelfth Night, was performed in the Hall in 1601, and it is believed that one of the actors was the author himself. The Library is a great one, but an America

ancient dwellings, long since converted into barristers' chambers, and shady walks leading to a fine Hall of no great antiquity, however. An old gateway, with the arms of the Lincolns and a date, A. D. 1518, is considered a good example of red bric

ient Inn nearly two hundred years ago, was responsible for the phrase still proverbial on both sides of the Atlantic, "that's a case for a Philadelphia lawyer." The unpopular Royal judges of the Province of New York had, in 1734, indicted a newspaper publisher for libel in criticising the court and they threatened to disbar any lawyer of the Province who might venture to defend

early Colonial students, a large number were entered in the different Inns during the period immediately preceding the Revolution. Of these, South Carolina sent forty-seven, Virginia twenty-one, Maryland sixteen, Pennsylvania

other mad orgies, in which the benchers, barristers and students took part; inc

benchers-being placed at one end where the floor is elevated. It is pleasant to record that, during the last year or two, the daily contact of the barrister with his Inn has been increased by the innovation of a luncheon which is served in the hall at the hour when the courts take a rec

izabeth. All of them now have their "chambers" in the obsolete little dwelling houses, facing upon the open squares or na

painted the names of one or more gentlemen, without stating their occupations, which would be superfluous in this small world of barristers. A summons by means of the old iro

ok back of the barrister's chair and to a round tin box, lying on the floor, which is for the transportation of the tonsorial armor when its owner travels on circuit. The otherwise uninviting aspect of the place is redeemed, however, by a cheerful fire blazing on the hearth and by a restful outlook upon a shady garden, and a spla

ignitaries, but in the XIII Century the clergy were forbidden to act in the courts and, thereupon, the students of the law gathered together and formed the Inns. Much concerning their origin is obscure, but the nucleus of each was doubtless the gravitation of scholars to some ancient hostelry, there to profit by the tea

us they were convenient to Westminster, where the courts were permanently located by a provision of Magna Charta. During the present generation, however, the principal courts (except the House of Lords and the Judicial Committee of the Privy Council) have returned to a situation actually contiguous to the old Inns, whilst the vast

ciety of barristers, which, originating about the end of the XIII Century, possesses by immemorial custom the excl

ers, but it is usual to invite a member to join the benchers of his Inn when, and only when, a vacancy occurs. The e

are precisely uniform; any differences which may have existed having been abolished by the adoption in 1875 of a code of rules known as the "Consolidated Regulations." While there is thus complete equality and no official p

l apprentices, however, were gradually ousted by the attorneys and solicitors-who have always been excluded from the Inns of Court-whereupon the Inns of Chancery fell out of fashion and deteriorated, so that by the middle of the Eighteenth Century they had disappeared and their names are now mere memories. During the period of activity of the Inns of Chancery, Staple Inn (perhaps the best known) and Bar

quired the exclusive right of audience in the Court of Common Pleas and had also secured a monopoly of the then profitable art of pleading. Upon attaining this degree, a serjeant severed his relations with his Inn of Court and attached himself to the Serjeants' Inn. After having occupied several sites since the Sixteenth Century, Serjeants' Inn was f

ul societies which they housed), there remain none but the four great Inns of

f centuries of custom and etiquette. Whatever may have been his forebears, he is more than likely, when turned out as a full-fledged barrister, to answer pretty nea

aving "eaten twelve dinners," he, ipso facto, became entitled to be called to the Bar, no matter how inadequate might be his knowledge of the law. In these less aristocratic and more prosaic days, however, he is obliged diligently to apply himself to study, and to pass, from time to time, regular and strict examinations, prescribed by the Council of Legal Education, so that his

students are presumed to extract the underlying principle. Much has been said in favor of each method, and the true course probably lies between the extremes, but the average result of an English law training, superimposed upon

ut £140. and women, be it observed by progressive

"Treasurer and the Masters of the Bench." The Students, wearing gowns over evening dress, are grouped together, below the dais on which the benchers' table stands. The Steward of the Inn calls out the names in order of seniority. Each Student, as his name is called, advances to the high table

must be supported by his people, the cost of entering the solicitor's calling is not inconsiderable. He begins by copying papers and performing minor services in the public offices and, at the same time, pursues his legal studies, which have steadily become more arduous. His progress as a law student is ascertained by an intermediate examination, held under the direction of the Solicitors' Incorporated Law Society, and a final one determines whether he has acquired sufficient knowledge of the law to be admitted to practice. If shown to be qualified, he is admitted by the courts, and is thereafter su

arrister and the solicitor travel after their s

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