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THE GREEN BAG
to learn there how to prepare a case before it reaches the Court, how to deal with clients, in short the whole business of an experienced practising lawyer. The coun sellors at Law are bound to give every opportunity to the Referendar to see, to work and to learn. It is usual for the lawyer to send the young man as often as possible to the courts to plead there, in civil proceed ings of a small importance and few diffi culties. Now the Referendars return to the County Court, not as in the beginning to a small one, but to a court in a large city, where the running of the business, of course, is quite different. He has to stay there for a year and is supposed to use this time not only for his work in court, which is guided in the same way as before, but also to complete his theoretical knowledge. In this respect he is assisted by permanent theoretical lectures on civil law and civil procedure, which are continually delivered to the Referendars by especially qualified judges. In this period the young man has the first oppor tunity to act on his own responsibility. He may be appointed by his guiding judge substitute judge in occasional matters of non-contentious jurisdiction, and deal with the parties without oversight. This appoint ment, however, is never made in cases of much importance. The last step in this period of education is a nine-months course in an Appelate Court. Here also the Referendar must study the records before the trial, must deliver a carefully worked out opinion and after judgment is rendered must draft the rea sons. Now the education of the German lawyer is deemed complete and he must show the results in a second severe examination. The Government of each state in Germany ' has appointed a commission for the purpose of examining the Referendars in the indi vidual states. The commissions consist of lawyers of high standing, as members of the departments of justice, judges of the appel-
ate courts, and counsellors at law of extensive experience. The candidates are required to deliver two written treatises in the same way as in the first examination; that is, they have to work them out at home, with liberty to avail themselves of every source of assistance except communication or reference in any way to other people. The first essay, for which six weeks' time is given, is a treatment of a scientific theoretical question; the second is an opinion and the draft of a judgment with reasons in a civil case; the time allowed for the completion of this work is three weeks from the delivery of the record in the case. After this the Referendar has to undergo an oral examination before the Commission, which embraces all branches of legal knowl edge considered from a more practical standpoint. The severity of this examina tion is proved by the fact that about 20 per cent of the candidates fail. The unsuccessful candidate is allowed but one more trial; if unsuccessful again, he cannot ever become a lawyer in spite of all his preparation for this career. The successful candidate is given the title of Assessor. When the young lawyer reaches this point he is on the average 27 to 28 years old. Until this time he has in almost all German states never received any compensation for his work. The Assessor now has the choice between the career of a Counsellor at law, that of State Attorney and that of a Judge. If he chooses the first, he applies for admission to the Bar. On his admission, the applica tion for which is always granted provided there is no objection to the character of the applicant, his title "Assessor" is changed to that of "Rechtsanwalt." His work can easily be understood by you, as it is about the same as that of an American Counsellor at Law. If the young lawyer decides not to practise law as a Counsellor but to strive for a place on the Bench or for the office of a State
