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-- AndrewMcCormick - 13 Nov 2009 | | | 7. Sidebar of Related Projects. | |
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< | 8. Attachments. | >
> | 8. Continuing the Project.
9. Attachments. | | |
This genesis of my curiosity about character and fitness standards was an online article discussing whether excessive student debt could be a disqualifying character and fitness criteria. As colossal student debt loads are a recent phenomenon, character and fitness must be an evolving standard. The professional expectations of lawyers and popular views of lawyers character as a class have, I suspect, changed over time. I suspect historical investigation of character and fitness as professional concept will contribute to understanding the legal profession in America. To state my question broadly, I wish to explore how character and fitness of lawyers, as professional and social standards, have shaped the legal profession in America. I will begin with comments on the legal profession, such as de Tocqueville, and then explore documents within the legal profession, such as bar examiners' guides and case law in order to (1) explore the history of character as a professional credential and (2) to search out historic applications of character and fitness standards. | | | The English system suggests informal character selection. In Britain solicitors received training and eduction by apprenticeship, usually in their teens. One can hardly imagine a solicitor not considering character in selecting a student to work in his office for two years. The Inns of Court, which provided barristers with accreditation, required presence at meals and casual debates over a number of days in the year; again, one can hardly imagine the Inns not basing admission on partially on character, and law was a respected profession. The British program did not fully transplant itself across the Atlantic, and neither did accompanying respect for law as a profession. For more information on the early legal apprentice education in America, and subsequent development of law departments in colleges and eventually law schools, see Hamlin, attached in full below. | |
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< | In early America, lawyers were unwelcome. The practice was viewed as unnecessary and even evil. The Body of Liberties of Massachusetts Bay, 1641, interestingly prohibited legal representatives from taking fees in section 26. Similarly, the 1669 Fundamental Constitutions of the Carolinas' article 70 proclaims practicing law for money as "base and vile". Disdain for lawyers was not limited to legislatures, the public held them in disdain as well. J. McMaster, A History of the People of The United States: From the Revolution to the Civil War (1927) "With the merchants, in the condemnation of the multitude, were joined the lawyers. Indeed, of the two classes, the members of the bar were the more hated and despised. The mere sight of a lawyer as he hurried along the street was enough to call forth an oath or a muttered curse from the louts who hung round the tavern... They were denounced as banditti, as blood-suckers, as pick-pockets, as wind-bags, as smooth-tongued rogues." In "The Rise of the Legal Profession in America" Chroust suggests that American's dislike for all things English and haphazard nature of the unformed law contributed to this antipathy (Chroust I, 5, attached below). However, a more persuasive argument is economic: lawyers were "the lawyer was most unpopular, not to say despised, in the "debtor areas," while in the "creditor areas" he was... at least welcomed" (Chroust II, 14). It is easy to imagine the reputation of lawyers tracks debtors rights, and before tenants' and debtors' rights developed lawyers would be unpopular.. (as an aside, an interesting side project would be investigating early letters and publications targeting lawyers - if anyone's interested, beginning with Benjamin Austin's letters signed "Honestus" might be a starting point. I find it especially interesting the he argued that lawyers would threaten the Republic if allowed to serve in public office. He also wrote entertaining, rambling anti-lawyer poetry. If interested see Chroust I, FN53, Vermont Gazette Feb. 28 1786, et al). | >
> | Historians take pleasure in arguing that in early America, lawyers were unwelcome. The practice was, at some times and in some places, viewed as unnecessary and even evil. The Body of Liberties of Massachusetts Bay, 1641, interestingly prohibited legal representatives from taking fees in section 26. Similarly, the 1669 Fundamental Constitutions of the Carolinas' article 70 proclaims practicing law for money as "base and vile". Disdain for lawyers was not limited to legislatures, the public held them in disdain as well. J. McMaster, A History of the People of The United States: From the Revolution to the Civil War (1927) "With the merchants, in the condemnation of the multitude, were joined the lawyers. Indeed, of the two classes, the members of the bar were the more hated and despised. The mere sight of a lawyer as he hurried along the street was enough to call forth an oath or a muttered curse from the louts who hung round the tavern... They were denounced as banditti, as blood-suckers, as pick-pockets, as wind-bags, as smooth-tongued rogues." In "The Rise of the Legal Profession in America" Chroust suggests that American's dislike for all things English and haphazard nature of the unformed law contributed to this antipathy (Chroust I, 5, attached below). However, a more persuasive argument is economic: lawyers were "the lawyer was most unpopular, not to say despised, in the "debtor areas," while in the "creditor areas" he was... at least welcomed" (Chroust II, 14). It is easy to imagine the reputation of lawyers tracks debtors rights, and before tenants' and debtors' rights developed lawyers would be unpopular.. (as an aside, an interesting side project would be investigating early letters and publications targeting lawyers - if anyone's interested, beginning with Benjamin Austin's letters signed "Honestus" might be a starting point. I find it especially interesting the he argued that lawyers would threaten the Republic if allowed to serve in public office. He also wrote entertaining, rambling anti-lawyer poetry. If interested see Chroust I, FN53, Vermont Gazette Feb. 28 1786, et al). | | | In late 18th century New York, lawyers were not banned but were required to take an oath and provide evidence of their commitment to the United States, and those previously licensed to practice had to make a showing to a jury that they had "conducted himself as a good and zealous friend to the American cause", introducing patriotism as a professional credential, or a facet of the character credential (Chroust II, p7, quoting Laws of the State of New York Passed at the Sessions of the Legislature 155-157). This proved to be a substantial burden, and reduced the New York Supreme Court bar to nine members (although it is unclear how much larger a group these nine were selected from) (Chroust II, p10). | | | | |
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> | Continuing the Project
This project could be fruitfully continued in at least two ways. First, one could spend time in libraries such as the New York Historical Society attempting to find a compelling narrative to lend to this overview. A person, or group of persons, at some specific time or in some specific place that were historically affected by character and fitness standards would be the goal. This would not likely be an easy project, but it would not be an impossible one either, and the secondary sources I provide offer ample room to begin thinking about where to start.
Second, I found that the most readily available historic information pertaining to the character of lawyers was in welcome and graduation addresses to law school. With sensitivity to nuance and a strong understanding of the surrounding historical landscape - charting the course of rhetoric in these kinds of speeches across history could make an interesting project. | | | Sidebar of Related Projects:
(1) The professionalization of legal practice and the varying element of public service in law |
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