Page:The Green Bag (1889–1914), Volume 20.pdf/672

LEGAL EDUCATION IN GERMANY state — Prussia, the system of which is fol civil proceedings. His education proceeds lowed by most of the other States. as follows : The Referendar is sent first to one of the If the judge thinks a civil case interesting smaller County Courts and as the burden and instructive, some weeks or days before of business is usually not very heavy there, the trial he hands the Referendar the record the judge has time enough to introduce the of the case which is much more comprehen young man into his work and to teach him sive in Germany than in this country and how to use his theoretical knowledge in which in civil matters almost invariably practice. The judge is obliged to do this. contains the evidence usually obtained before It is one of his most severe duties. The the trial by deposition. The young lawyer young man has to attend all sittings in open has to deliver a written opinion, which is court and in chambers; he has to keep the corrected and discussed by the judge. In records in civil and k criminal proceedings; the trial itself he has to pay attention to the he has to listen to the wisdom of his master pleadings and all utterances of the Court sitting on the Bench, and — to prove the and the parties, and after the decision is results — he has to draft the writs, decrees rendered by the court he has the work of and decisions which are issued and rendered writing down the reasons of the judgment by the Court. These drafts are examined, so given. These "reasons" must in Ger talked over and corrected by the judge. many always be worked out by the judge The Referendar has finally to deal personally or — in the collegiate courts by a member with the people who come to the court in of the court. The writing of the Referendar matters of non-contentious jurisdiction and of course is only a sketch, which is corrected some other cases, as for instance, with and talked over again by the judge. In criminal cases it would be impossible guardians, co-heirs, conveyors, mortgagees, to deliver an opinion before the trial because bankrupts, administrators, receivers, etc. In this way he makes a survey of almost the evidence does not appear previously. all provinces of law as handled in a court of Therefore, the young lawyer's work is con general jurisdiction, and he has, besides, the fined here to drafting the reasons of the opportunity to get a certain knowledge of judgment after its delivery. Besides the human life and human nature. As to this Referendars are used in this time to keep the latter subject it is important that the records in the civil and criminal trials, for young lawyer is sent first to a small place, the official stenographer is unknown in where he soon comes to know personally German Courts. Outside these records the the inhabitants, their customs and their entire work of the young man is studying troubles. and always studying. He never acts on After nine months spent in the County his own responsibility; everything that he Court he proceeds to a Superior Court and works out is only a sketch for the use of the stays there for one year. This time is court. Here is possibly a fault in the method divided between the practical study of civil of our education. We remain too long and of criminal proceedings, while in the under the guidance above us and learn too County Courts the non-contentious juris late to feel our own responsibility. diction furnished his prevailing occupation. After this year in the Superior Court is The education is usually arranged in the 'finished the Referendar is sent for a period following way : of four months to a state attorney to study The Referendar is for four to five months his line of work, which is the prosecution of within the control of a judge who deals with criminals. criminal matters and for the remaining time The next step is a six-months course in under the guidance of a judge who deals with the office of a counsellor at law. He has