Page:The American Cyclopædia (1879) Volume X.djvu/243

LAWYER 237 divided into two classes: 1, those who draft legal documents, institute suits, bring them to an issue by proper pleadings, and prepare them for trial ; and 2, those who give counsel in legal matters, and take charge as advocates of the causes which the other class have prepared for trial. The second class is regarded as superior to the other in dignity and importance. In England and Ireland the lower class are known as attorneys when their practice is in the courts of common law, solicitors when it is in chancery, and proctors in the admiralty and ecclesiastical courts. They must be regularly admitted to practice by the courts upon an examination regarding their fitness, and are entitled to a compensation for their services from those who employ them. This compensation is ac- cording to a fee bill prescribed by law. The present requisite for an examination for ad- mission as an attorney or solicitor is that the applicant shall have served an apprenticeship of five years with a practitioner, but this may be diminished* two years if he has received a degree at one of the English universities or the university of Dublin. The second class are counsellors or advocates, and come to the bar through the inns of court. (See INNS OF COUKT.) They are first called barristers, but after 16 years' admission may be advanced to the degree of sergeant. From the sergeants the higher judicial officers of the realm are chosen, and the attorney and solicitor general ; and it is customary also to confer the title of queen's counsel upon eminent sergeants, who by accepting it are understood to be so far re- tained in behalf of the crown as not to be at liberty to take employment against it without special license. An advocate makes no stipu- lation for compensation, but is nevertheless expected to perform no services until a fee is paid ; and when a brief is sent him in a cause, the retainer accompanies it. In the recent union of all the courts of England in one su- preme court, the practitioners in all the courts are made practitioners in the supreme court. Lawyers in Scotland are known as writers, solicitors, and advocates. The last named are Imitted by the faculty of advocates, and may practise in all the courts and in the house of lords. Writers to the signet are a class of at- torneys having some special privileges. On the continent, as in England, lawyers are divided into two classes, the higher of which embraces le advocates, and the lower perform the duties ^responding to those of attorneys. In France le practitioners in each court form a society or college, to which admission can only be ob- dned by their assent ; and the same is the case in other countries where the Code Napo- leon was introduced. In the United States, each state has its own rules regarding the legal profession ; but certain remarks may be made which will be of general application. No per- son is at liberty to hold himself out as a practi- tioner of the law without being duly licensed as such by some proper court. A license granted by the highest court in the state gives authority to practise in all the courts. In some states in- ferior courts are permitted to grant licenses of like effect, but generally their jurisdiction in this regard is limited to granting admissions to practice in their own courts. In most of the states, perhaps in all, any one may manage his own case in person, and in some he may by special deputation empower any one, whether admitted to the bar or not, to act for him. The English designations of attorney, solicitor, proctor, and counsellor are nominally retained, but with no corresponding division of privi- leges and duties between the counsellor and the others; and if in any of the states any distinction exists between an attorney and a counsellor, the latter is only an attorney who becomes counsellor, or entitled to admission as such, by virtue of his practice for a certain period of time. In most of the states, to en- title one to apply for admission to the higher courts, he must present certificates showing that he has pursued the study of the law for a prescribed period in the office of a practising attorney or in a law school ; and he is then examined as to his legal attainments either in open court or by a committee of the bar, and only admitted if the examination proves satis- factory. In some states applicants are entitled to examination for admission without making any showing as regards previous studies. Prac- titioners in the highest courts of the several states are admitted to practice in the federal courts on motion, without examination. In courts not of record, license to practise is not required. The wig and gown which are always worn by the judges of the superior courts and the advocates in England when in the discharge of their duties, are not made use of in this country, with the single exception that the gown is worn by the judges of the federal supreme court. Lawyers, by virtue of their admission to practice, are entitled to certain privileges and subject to certain restrictions. 1. They are officers of the court in which they are admitted to practice, and are subject to summary trial and punishment as such for any misconduct in suits or proceedings therein. Their license to practise may also be revoked for specific misconduct in suits, or even for other misconduct, if of a character rendering them unfit to be intrusted with their responsi- ble office. 2. They are exempt from service on juries, and also from arrest on civil process du- ring their attendance upon court engaged in or awaiting the trial of causes. 3. In the United States attorneys and counsel alike are entitled to a compensation for their services, which in the absence of specific agreement as to amount will be such as evidence may establish to be reasonable. Formerly they were not allowed to engage in suits for a share of the money or profits that should be recovered in the event of success, and an agreement to that effect would now be held illegal at the common law in some of the states, while in others it seems admissi-