???Lawyers: From Antiquity to Advocacy

We have discussed the history of several industries and fields— medicine, sports, photography, economics, air flight and more. I can happily bet $1000 that none of these industries escaped from the touch of a lawyer in one form or the other. In fact, I might need a lawyer if someone sued me for this bet. (Yes, my humor is bad. I know.)

Lawyers, those masters of the courtroom and champions of justice have played a vital role in shaping societies throughout history. However, the journey and evolution of lawyers as a profession is not a straight line, but a fascinating tapestry woven across continents and cultures. Let's embark on a global exploration of this esteemed profession, tracing its roots, transformations, and enduring impact on the world.

Athens

The journey of evolution of legal representation started in ancient Athens. Initially, individuals were expected to argue their own cases in court. However, over time, it became common for people to seek help from a "friend" who was likely more skilled in oration and argumentation. And so, most of the lawyers of that era were simply great orators.

Yet, around the middle of the fourth century BC, the Athenians changed this practice and eliminated the allowance for individuals to seek assistance from a friend. This move likely aimed to ensure fairness in legal proceedings and prevent potential inequalities that could arise from varying levels of advocacy skills among litigants and their chosen representatives. Although the rule was there, it was often flouted.

Despite the widespread acceptance of receiving payment for pleading someone else's case, there was a formal rule prohibiting the taking of fees for legal representation. This rule remained intact, creating a significant barrier for orators to establish themselves as legal professionals or experts.

As a result, even though informal payment for legal services was a common practice, orators couldn't openly present themselves as professional advocates. They were compelled to maintain the facade that they were simply citizens offering free assistance to friends in need. This restriction prevented them from organizing into a formalized profession akin to what we understand as lawyers today.

Rome gives us the first lawyers

The Roman emperor Claudius Augustus, abolished the earlier existing law that prohibited advocates from taking fees. This propelled the development of advocacy as a profession, enabling Roman advocates to practice their profession openly and become the first true lawyers. However, there was a cap on how much a lawyer could charge — capped at 10,000 sesterces. (a sesterce was a small silver coin weighing 4.5g).

The early Roman advocates were trained more in the form of persuasion than in the actual law. This led to the rise of another group of specialists who actually studied the law. They were called jurisconsults. They actively studied a variety of legal problems and hypothetical cases, thereby immensely contributing to the systematic development of law in Rome.

By the late 4th century, fewer people sought jurisconsults as lawyers began studying both law and persuasion. In the 5th century, a recommendation letter became necessary to become a lawyer, and by the 6th century, a formal four-year education was required. Emperor Claudius's fee limit remained, albeit at a higher rate.

In the late Roman Empire, there was also the rise of notaries. They were responsible for drafting wills, conveyances, and contracts. Despite being popular in most villages they were considered inferior to lawyers and jurisconsults. They developed a bad reputation for making simple deals sound complicated and writing lines of text filled with jargon because they got paid based on how much they wrote.

But…

The fall of the Western Roman Empire led to the disappearance of the legal profession in Western Europe. By 1140, there were no professional lawyers.

In the late 12th century, some men started practicing canon law — the legal system established by the Catholic Church. Regulation efforts began in 1231, with French councils and later, Emperor Frederick II, requiring lawyers to swear oaths before practicing. By the end of the 13th century, the practice of taking oaths had become common along with laws in place to punish deceitful lawyers.

India and USA

In India, during this period, the legal profession was also taking shape. Ancient Indian texts such as the Manusmriti provided guidelines for legal practice and the administration of justice. Brahmin scholars known as dharmashastra experts served as legal advisors and interpreters of Hindu law, offering counsel to rulers and litigants alike.

The evolution of the legal profession took a different path in the United States. During the early years of European colonization in the 17th century, legal practice in the American colonies was heavily influenced by English common law. Lawyers, often referred to as attorneys, emerged as essential figures in colonial society, representing clients in courts and providing legal guidance on matters ranging from land disputes to criminal defense.

By the 18th century, the legal profession in the United States had become more organized, with the establishment of formal bar associations and the adoption of professional standards and ethics. The American legal system continued to evolve, influenced by constitutional principles and landmark legal decisions, such as the establishment of judicial review in Marbury v. Madison (1803). This landmark case affirmed the Constitution as the supreme law of the United States. Chief Justice John Marshall's decision established the principle of judicial review, empowering the Supreme Court to invalidate laws inconsistent with the Constitution.

Lawyers vs society

Public criticism of lawyers has a long history, with famous figures like Shakespeare expressing distrust. In the 1780s and 1789, Prussia and France even abolished their legal professions, later realizing they were necessary. Complaints about lawyers were common in England, the United States, Germany, Australia, Canada, and Scotland in different periods.

The Watergate scandal in the US heightened distrust of lawyers (they were blamed for covering the wrongdoings), leading to a rise in legal self-help books and lawyer jokes. Persistent grievances include abuse of litigation, deceit, procrastination, and high fees. Studies suggest lawyers face high rates of depression and addiction due to public opinion and unmet ideals of justice.

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For the more curious ones…

A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, solicitor, or legal executive — with each role having different functions and privileges.

Advocate: Represents clients in court, arguing their cases and presenting evidence. Think courtroom champion!

Attorney: A general term for a lawyer, often used in the US. Think "legal professional."

Barrister: In some countries like the UK, specializes in court appearances and advocacy. Think courtroom specialist.

Canon lawyer: Deals with legal matters within the Catholic Church, interpreting canon law. Think Church legal expert.

Civil law notary: Authenticates documents and performs legal formalities in certain civil law countries. Think official document handler.

Counsel: Provides legal advice and representation to a client, often behind the scenes. Think of a trusted legal advisor.

Solicitor: In some countries like the UK, handles legal matters outside of court, like drafting documents and offering guidance. Think legal paperwork guru.

Legal executive: Assists lawyers with research, document preparation, and other legal tasks. Think of a lawyer's right-hand person.

Remember, these are just simplified explanations. Each role has its own specific nuances and variations depending on the legal system and jurisdiction.

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