Reading law

Last updated

Reading law was the primary method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the tutelage or mentoring of an experienced lawyer. The practice largely died out in the early 20th century. A few U.S. states still permit people to become lawyers by reading law instead of attending law school, although the practice is rare. [1]

Contents

In this sense, "reading law" specifically refers to a means of entering the profession, although in England it is still customary to say that a university undergraduate is "reading" a course, which may be law or any other.

United States

History

In colonial America, as in Britain in that day, law schools did not exist at all until Litchfield Law School was founded in 1773. Within a few years following the American Revolution, some universities such as the College of William and Mary and the University of Pennsylvania established a "Chair in Law". [2] However, the holder of this position would be the sole purveyor of legal education for the institution, and would give lectures designed to supplement, rather than replace, an apprenticeship. [3] Even as a handful of law schools were established, they remained uncommon in the United States until the late nineteenth century. Most people who entered the legal profession did so through an apprenticeship which incorporated a period of study under the supervision of an experienced attorney. This usually encompassed the reading of the works considered at the time to be the most authoritative on the law, such as Edward Coke's Institutes of the Lawes of England , William Blackstone's Commentaries on the Laws of England , and similar texts. [4]

The scholastic independence of the law student is evident from the following advice of Abraham Lincoln to a young man in 1855:

If you are absolutely determined to make a lawyer of yourself the thing is more than half done already. It is a small matter whether you read with any one or not. I did not read with any one. Get the books and read and study them in their every feature, and that is the main thing. It is no consequence to be in a large town while you are reading. I read at New Salem, which never had three hundred people in it. The books and your capacity for understanding them are just the same in all places. [...] Always bear in mind that your own resolution to succeed is more important than any other one thing. [5]

Historically, country lawyers or county-seat lawyers were more likely to have read law. Reading law to become an attorney would be the norm, until the 1890s, when the American Bar Association, formed in 1878, began pressing states to limit admission to the Bar to those persons who had satisfactorily completed several years of post-graduate institutional instruction. [6]

On July 8, 1941, James F. Byrnes became the last Justice appointed to the Supreme Court of the United States who had never attended college or law school, and he was the penultimate appointee who had been admitted to practice by reading law. Byrnes was followed by Robert H. Jackson, who was commissioned just three days later, on July 11, 1941, and had also been admitted to the practice of law by reading, although he had attended Albany Law School for less than one year, taking a two-year program in the single year to save money.

Modern practice

In 2013, 60 people qualified to sit for the bar exam by reading law as opposed to 83,926 via law schools, and of those 60, 17 passed on their first attempt. [1]

As of 2024, four US states still permit reading law as the sole means of legal education. In California, [1] Vermont [1] and Washington, [7] an applicant who has not attended law school may take the bar exam after reading law under a judge or practicing attorney for a period of four years. In the fourth state, Virginia, [8] the period of reading law is only three years. Other rules vary as well. For example, Virginia does not allow the reader to be gainfully employed by the tutoring lawyer, while Washington requires just that. In California the requirements of the state bar association for reading law are set forth in Rule 4.29, Study in a law office or judge's chambers. [9]

Two other states allow reading law in combination with some law school. New York allows applicants to read law provided they have already completed at least one year of law school study. [10] Maine requires applicants to have completed at least two-thirds of a law degree. [11] A 2023 bill before the Maine Legislature attempted to remove the requirement for two years of law school study, but the bill was indefinitely tabled. [12]

StateRequired law schoolRequired time reading lawBar passage rate
CaliforniaNoneFour years [13]
New YorkOne yearThree years [14]
MaineTwo yearsOne year [15]
VermontNoneFour years [16]
VirginiaNoneThree years [17] 20.21% [18]
WashingtonNoneFour years [19]

Notable Americans who became lawyers by reading law

U.S. presidents

U.S vice presidents

U.S. legislators

U.S. Supreme Court chief justices

Except for the second chief justice John Rutledge, who had formal legal education at the Middle Temple in London, no chief justice had any university-based legal training until Melville Fuller in 1888, who attended Harvard Law School for six months. In short, 7 of the first 8 U.S. Supreme Court chief justices engaged in their legal education primarily by reading law. All chief justices since the appointment of Edward Douglass White in 1910 have held law degrees.

U.S. Supreme Court justices after 1900

Few early Supreme Court justices attended law school although the practice of attending law school became more common after around 1900. Supreme Court justices who read law after 1900 include:

State Governors


Other politicians

Non-governmental

Related Research Articles

<span class="mw-page-title-main">New York Supreme Court, Appellate Division</span> Courts in the US state of New York

The Appellate Division of the Supreme Court of the State of New York is the intermediate appellate court in New York State. The state is geographically divided into four judicial departments of the Appellate Division. The full title of each is, using the "Fourth Department" as an example, the "Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department".

<span class="mw-page-title-main">Admission to the bar in the United States</span> Registration to practice law in a US jurisdiction

Admission to the bar in the United States is the granting of permission by a particular court system to a lawyer to practice law in the jurisdiction. Each U.S. state and jurisdiction has its own court system and sets its own rules and standards for bar admission. In most cases, a person is admitted or called to the bar of the highest court in the jurisdiction and is thereby authorized to practice law in the jurisdiction. Federal courts, although often overlapping in admission standards with states, set their own requirements.

<span class="mw-page-title-main">American Bar Association</span> American association of lawyers

The American Bar Association (ABA) is a voluntary bar association of lawyers and law students; it is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 14.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. In 2016, less than one third of the 1.3 million lawyers in the U.S. were included in the ABA membership of 400,000, with figures largely unchanged in 2024.

A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction.

<span class="mw-page-title-main">State Bar of California</span> Californias official attorney licensing agency

The State Bar of California is an administrative division of the Supreme Court of California which licenses attorneys and regulates the practice of law in California. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, prescribing appropriate discipline, accepting attorney-member fees, and financially distributing sums paid through attorney trust accounts to fund nonprofit legal entities. It is directly responsible to the Supreme Court of California. Its trustees are appointed by the Supreme Court, the California Legislature, and Governor of California. All attorney admissions are issued as recommendations of the State Bar, which are then routinely ratified by the Supreme Court. Attorney discipline is handled by the State Bar Office of Chief Trial Counsel, which acts as prosecutor before the State Bar Court of California. The State Bar has been cited for its corrupt practices during the 21st century, and is subject to reforms issued by its governing body, the California Supreme Court.

<span class="mw-page-title-main">State Bar of Texas</span> Bar Association

The State Bar of Texas is an agency of the judiciary under the administrative control of the Texas Supreme Court. It is responsible for assisting the Texas Supreme Court in overseeing all attorneys licensed to practice law in Texas. With more than 100,000 active members, the State Bar of Texas is one of the largest state bars in the United States. Unlike the American Bar Association (ABA), the State Bar of Texas (SBOT) is a mandatory bar. The State Bar is headquartered in the Texas Law Center at 1414 Colorado Street in Austin.

Kenneth Francis Ripple is a Senior United States circuit judge of the United States Court of Appeals for the Seventh Circuit.

<span class="mw-page-title-main">Supreme Court of Georgia (U.S. state)</span> Highest court in the U.S. state of Georgia

The Supreme Court of Georgia is the highest judicial authority of the U.S. state of Georgia. The court was established in 1845 as a three-member panel, increased in number to six, then to seven in 1945, and finally to nine in 2017. Since 1896, the justices have been elected by the people of the state. The justices are currently elected in statewide non-partisan elections for six-year terms, with any vacancies filled through an appointment by the Governor.

<span class="mw-page-title-main">Lavenski Smith</span> American judge (born 1958)

Lavenski R. Smith is an American lawyer who has served as a judge of the United States Court of Appeals for the Eighth Circuit since 2002, serving as chief judge from 2017 to 2024. He previously served as an associate justice of the Arkansas Supreme Court from 1999 to 2000.

An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.

<span class="mw-page-title-main">Kermit Lipez</span> American judge (born 1941)

Kermit Victor Lipez is an American lawyer who serves as a senior United States circuit judge of the United States Court of Appeals for the First Circuit.

<span class="mw-page-title-main">Barbara Milano Keenan</span> Austrian-American judge (born 1950)

Barbara Louise Milano Keenan is a senior United States circuit judge of United States Court of Appeals for the Fourth Circuit and a former justice on the Supreme Court of Virginia.

<span class="mw-page-title-main">D. Brock Hornby</span> American judge (born 1944)

David Brock Hornby is an inactive senior United States district judge of the United States District Court for the District of Maine.

<span class="mw-page-title-main">Patricia Millett</span> American federal judge (born 1963)

Patricia Ann Millett is an American lawyer and jurist serving since 2013 as a U.S. circuit judge of the U.S. Court of Appeals for the District of Columbia Circuit. She formerly headed the Supreme Court practice at the law firm Akin Gump Strauss Hauer & Feld. Millett also was a longtime former assistant to the United States Solicitor General and served as an occasional blogger for SCOTUSblog. At the time of her confirmation to the D.C. Circuit, she had argued 32 cases before the United States Supreme Court—once the record for a female lawyer. In February 2016, The New York Times identified her as a potential nominee to replace Justice Antonin Scalia.

Donald G. Alexander is an American lawyer and former justice on the Maine Supreme Judicial Court.

The University of Mississippi School of Law, also known as Ole Miss Law, is an ABA-accredited law school located on the campus of the University of Mississippi in Oxford, Mississippi, United States. The School of Law offers the only dedicated aerospace law curriculum in the US from an ABA-accredited school. The University of Mississippi School of Law is also the only school in the US, and one of only a handful in the world, to offer a Master of Laws (LL.M.) in Air and Space Law.

TheMissouri Bar is the official bar association for all Missouri lawyers and judges. Every licensed Missouri lawyer is automatically a member of The Missouri Bar. Every applicant for admission to the bar must meet a list of requirements set by the Supreme Court of Missouri. To become a Missouri lawyer, a person must have completed an approved law school leading to a juris doctor degree. Additionally, they must pass a comprehensive bar examination and character and fitness investigation and make application for admission to the bar with the Supreme Court of Missouri.

<span class="mw-page-title-main">Bar examination in the United States</span> Exam to become a lawyer

In the United States, those seeking to become lawyers must normally pass a bar examination before they can be admitted to the bar and become licensed to practice law. Bar exams are administered by states or territories, usually by agencies under the authority of state supreme courts. Almost all states use some examination components created by the National Conference of Bar Examiners (NCBE). Forty-one jurisdictions have adopted the Uniform Bar Examination (UBE), which is composed entirely of NCBE-created components.

Following is a list of notable alumni of the Case Western Reserve University School of Law.

References

  1. 1 2 3 4 Adwar, Corey (July 30, 2014). "There's A Way To Become An Attorney Without Setting Foot In Law School". Business Insider .
  2. ↑ Harno, Albert J. (1953). Legal Education in the United States: A Report Prepared for the Survey of the Legal Profession. p. 23.
  3. ↑ Harno (1953) , p. 27.
  4. ↑ Harno (1953) , pp. 19–20.
  5. ↑ Allen, Frederick James (1919). The Law as a Vocation. Harvard University. p. 25.
  6. ↑ Harno (1953) , pp. 86–87.
  7. ↑ "Rules and Regulations Governing the Washington Law Clerk Program". Washington State Bar Association. 2002. Retrieved March 4, 2007.
  8. ↑ "Law Reader Program". Virginia Board of Bar Examiners. 2010. Retrieved January 6, 2010.
  9. ↑ "TITLE 4. ADMISSIONS AND EDUCATIONAL STANDARDS Adopted July 2007 DIVISION 1. ADMISSION TO PRACTICE LAW IN CALIFORNIA Chapter 1. General Provisions, Rule 4.29 Study in a law office or judge's chambers" (PDF).
  10. ↑ "New York Rules of the Court of Appeals for the Admission of Attorneys". New York State Board of Bar Examiners. 2000. Retrieved January 20, 2011.
  11. ↑ "Maine Bar Admission Rules" (PDF). Maine Board of Bar Examiners. 2009. Archived from the original (PDF) on July 27, 2011. Retrieved January 20, 2011.
  12. ↑ "Bill aims to drop law school requirement to become licensed to practice in Maine". Lewiston Sun Journal. 2023-04-06. Retrieved 2024-06-10.
  13. ↑ "The State Bar of California". www.calbar.ca.gov. Retrieved 2024-06-10.
  14. ↑ "Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law". nycourts.gov. Retrieved 2024-06-10.
  15. ↑ "Title 4, §803: Qualifications for taking bar examination". legislature.maine.gov. Retrieved 2024-06-10.
  16. ↑ "The Law Office Study Program | Vermont Judiciary". www.vermontjudiciary.org. Retrieved 2024-06-10.
  17. ↑ "VBBE - Law Reader Program - Rules & Regulations". barexam.virginia.gov. Retrieved 2024-06-10.
  18. ↑ "VBBE - Law Reader Program - Memorandum". barexam.virginia.gov. Retrieved 2024-06-10.
  19. ↑ "Washington State Bar Association Law Clerk Program (APR 6)". admissions.wsba.org. Retrieved 2024-06-10.
  20. ↑ "Education | John Adams Historical Society". www.john-adams-heritage.com. 29 February 2012. Retrieved 2019-12-27.
  21. ↑ Meacham, Jon (2012). Thomas Jefferson: The Art of Power. Random House LLC. pp. 29, 39. ISBN   978-0679645368.
  22. ↑ "Millard Fillmore". HISTORY. Retrieved 2019-12-27.
  23. ↑ "James A. Garfield Papers". Manuscript Division, Library of Congress.
  24. ↑ "Chester A. Arthur | Biography, Presidency, Accomplishments, & Facts". Encyclopedia Britannica. Retrieved 2019-12-31.
  25. ↑ "Grover Cleveland | Biography & Facts". Encyclopedia Britannica. Retrieved 2020-02-21.
  26. ↑ "Wilson, Woodrow (1856–1924)". www.encyclopediavirginia.org. Retrieved 2019-12-29.
  27. ↑ "Calvin Coolidge: Life Before the Presidency". Miller Center. 2016-10-04. Retrieved 2019-12-31.
  28. ↑ Libbey in "The Making of the 'Paducah Politician'", p. 255.
  29. ↑ "U.S. Senate: Charles Curtis, 31st Vice President (1929-1933)". www.senate.gov. Retrieved 2019-12-27.
  30. ↑ "George Gray". www.fjc.gov. Retrieved 2019-12-27.
  31. ↑ "Alabama Department of Archives and History: Alabama Governors--George Smith Houston". archives.alabama.gov. Retrieved 2019-12-28.
  32. ↑ "James Byrnes: South Carolina's Governor, 1951-1955". www.sciway.net. Retrieved 2019-10-11.
  33. ↑ "Butler, Pierce at Federal Judicial Center". www.fjc.gov. Retrieved 2019-12-29.
  34. ↑ "Clarke, John Hessin at the Federal Judicial Center". www.fjc.gov. Retrieved 2019-12-29.
  35. ↑ "Lamar, Joseph Rucker at the Federal Judicial Center". www.fjc.gov. Retrieved 2019-12-29.
  36. ↑ "Pitney, Mahlon at the Federal Judicial Center". www.fjc.gov. Retrieved 2019-12-29.
  37. ↑ "The Supreme Court . Capitalism and Conflict. Biographies of the Robes. Alexander George Sutherland | PBS". www.thirteen.org. Retrieved 2019-12-29.
  38. ↑ "U.S. Senate: Thomas R. Marshall, 28th Vice President (1913-1921)". www.senate.gov. Retrieved 2019-12-27.
  39. ↑ "Marilla Ricker, 1840-1920 | Library". www.library.unh.edu. Retrieved 2019-12-29.
  40. ↑ staff (November 1, 1900). "Endorsed by Bryanites". The Eureka Herald.
  41. ↑ Neal, John (1869). Wandering Recollections of a Somewhat Busy Life. Boston, Massachusetts: Roberts Brothers. pp. 273–288. OCLC   1056818562.
  42. ↑ "Drake, Charles Daniel - Federal Judicial Center". www.fjc.gov. Retrieved 2019-12-31.
  43. ↑ "Clarence Seward Darrow Facts". biography.yourdictionary.com. Retrieved 2019-12-30.
  44. ↑ "Clarence Darrow | American lawyer". Encyclopedia Britannica. Retrieved 2019-12-30.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.