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Lawyers in Colonial America<br />
A lawyer colonizes America (almost)<br />
Sailing for the New World<br />
John Rastell<br />
Looking for the New Found Land<br />
Looking for the New Found Land<br />
Utopia<br />
Failure<br />
Oh, what a thing had be then<br />If that they be Englishmen<br />Might have been the first of all <br />That they should ...
Not wanted on the voyage<br />
John Winthrop<br />
The Body of Liberties, 1641<br />
	Whereas many troublesome suits are multiplied by the unskillfullness and covertousness of attorneys, who have more intend...
Lawyers deported<br />
Lawyering without lawyers<br />
Lay judges and arbitration<br />
Margaret Brent, attorney-in-fact<br />
Salem Witch Trials, 1692<br />
Lawyers resurgent<br />
Growth<br />
Commerce<br />
Fading idealism<br />
Imperialism<br />
	As to the men who call themselves lawyers here and practice at the bar, they are almost all under such a scandalous chara...
Legal anglicization<br />
Lawyers at work<br />
American legal education<br />
The Inns of Court<br />
Apprenticeship<br />
Harvard College<br />
College of Philadelphia<br />
King’s College<br />
Coke on Littleton<br />
	I always was of opinion that placing a youth to study with an attorney was rather a prejudice than a help. We are all too...
I know you Lawyers can, with Ease<br />Twist Words and Meanings as you please;<br />That language, by your Skill made plia...
Lawyers professionalize<br />
Fighting fee regulation<br />
	Whereas the sundry laws that have been heretofore made to restarin the Evil practices of Attorneys and to ascertain their...
	… the fees allowed by law, if regularly paid, would barely compensate our incessant labours, reimburse our expenses and t...
Suppressing competition<br />	Looking about me in the Country I found the practice of Law was grasped into the hands of De...
Professionalism incarnate<br />
The Boston Massacre Trial, 1770<br />
From tavern to courthouse<br />
Lawyering in colonial Pennsylvania<br />
The Quakers<br />
William Penn<br />
The Laws Agreed Upon in England, 1682<br />	… in all courts all persons of all persuasions may freely appear in their own ...
	Thou shalt behave thyself in the office of attorney, within the court, according to the best of thy learning and ability,...
Andrew Hamilton<br />
Zenger Trial, 1735<br />
Lawyering in colonial Pittsburgh<br />
Fort Pitt<br />
Virginia versus Pennsylvania<br />
Lord Dunmore<br />
District of West Augusta<br />
Pennsylvania court at Hanna’s Town<br />
The Virginian lawyers<br />
John Gabriel Jones<br />
Nephew of Gabriel Jones, the “Valley lawyer”<br />
Ambushed<br />
Charles Simms<br />
It appearing to the Court that Geo Brent & John Gab'lJones, practisingAttos of this court, have this day insulted this cou...
	…It is therefore Ordered that the Clerk do Certify these proceedings to the honble the General Court & that the AttoGenl ...
Lawyers, politics and revolution<br />
What factors contributed to the initial low number of lawyers in the American colonies?<br />Why did the number of lawyers...
Next week…Lawyering in a New Nation!<br />
Lawyers in Colonial America<br />
Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />
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LH 11 | Lawyers in Colonial America

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LH 11 | Lawyers in Colonial America

  1. 1. Lawyers in Colonial America<br />
  2. 2. A lawyer colonizes America (almost)<br />
  3. 3. Sailing for the New World<br />
  4. 4. John Rastell<br />
  5. 5. Looking for the New Found Land<br />
  6. 6. Looking for the New Found Land<br />
  7. 7. Utopia<br />
  8. 8. Failure<br />
  9. 9. Oh, what a thing had be then<br />If that they be Englishmen<br />Might have been the first of all <br />That they should have taken possession<br />And made first building and habitation<br />A memory perpetual!<br />Rastell’s lament<br />
  10. 10. Not wanted on the voyage<br />
  11. 11. John Winthrop<br />
  12. 12. The Body of Liberties, 1641<br />
  13. 13. Whereas many troublesome suits are multiplied by the unskillfullness and covertousness of attorneys, who have more intended their own profit and their inordinate lucre then the good and benefit of their clients: Be it therefore enacted, That all mercenary attorneys be wholly expelled from such office, except such suits as they have already undertaken, and are now depending, and in case any person or persons shall offend contrary to this act to be fined at the discretion of the court.<br />Virginia, Act VII of November 1645<br />
  14. 14. Lawyers deported<br />
  15. 15. Lawyering without lawyers<br />
  16. 16. Lay judges and arbitration<br />
  17. 17. Margaret Brent, attorney-in-fact<br />
  18. 18. Salem Witch Trials, 1692<br />
  19. 19. Lawyers resurgent<br />
  20. 20. Growth<br />
  21. 21. Commerce<br />
  22. 22. Fading idealism<br />
  23. 23. Imperialism<br />
  24. 24. As to the men who call themselves lawyers here and practice at the bar, they are almost all under such a scandalous character that it would grieve a man to see our noble English laws so miserably mangled and profaned. I do not find that a man of them ever arrived at being an attorney in England. So far from being Barristers, one of them was a Dancing Master, another a Glover by trade, a third which is Mr. Jamieson was condemned to be hanged in Scotland for burning the Bible and for blasphemy.<br /> - New York Governor Bellomont to the Lords of Trade, 1698<br />
  25. 25. Legal anglicization<br />
  26. 26. Lawyers at work<br />
  27. 27. American legal education<br />
  28. 28. The Inns of Court<br />
  29. 29. Apprenticeship<br />
  30. 30. Harvard College<br />
  31. 31. College of Philadelphia<br />
  32. 32. King’s College<br />
  33. 33. Coke on Littleton<br />
  34. 34. I always was of opinion that placing a youth to study with an attorney was rather a prejudice than a help. We are all too apt by shifting on them our business, to incroach on that time which should be devoted to their studies.<br /> - Thomas Jefferson, 1769<br />On apprenticeship<br />
  35. 35. I know you Lawyers can, with Ease<br />Twist Words and Meanings as you please;<br />That language, by your Skill made pliant<br />Will bend to favourev'ry Client:<br />That 'tis the Fee direct the sense<br />To make our either Side's Pretence:<br />When you peruse the clearest Case,<br />You see it with a double Face;<br />Hence is the bar with Fees supply'd<br />Hence eloquence takes either Side.<br />Ben Franklin on lawyers, 1740<br />
  36. 36. Lawyers professionalize<br />
  37. 37. Fighting fee regulation<br />
  38. 38. Whereas the sundry laws that have been heretofore made to restarin the Evil practices of Attorneys and to ascertain their Tobacco fees in the several Courts of this Province have been found ineffectual in so much that Complaints are made from sundry parts of this Province of the Exorbitant fees taken by Councillors in Law, Chambers Councell, Barristers, Attorneys and other practitioners and Advisers in the law to the great damage and aggrievance of the good People of this Province and impoverishing themselves and familys…<br />Maryland House of Delegates, 1725<br />
  39. 39. … the fees allowed by law, if regularly paid, would barely compensate our incessant labours, reimburse our expenses and the losses incurred by neglect of our private affairs; yet even these rewards, confessedly moderate, are withheld from us in a great proportion by the unworthy part of our clients. <br />Patrick Henry et al., 1773<br />
  40. 40. Suppressing competition<br /> Looking about me in the Country I found the practice of Law was grasped into the hands of Deputy Sheriffs, Pettyfoggers and even Constables, who filed all the Writs upon Bonds, promissory notes and accounts, received the Fees established for Lawyers and stirred up unnecessary suits.<br /> - John Adams <br />
  41. 41. Professionalism incarnate<br />
  42. 42. The Boston Massacre Trial, 1770<br />
  43. 43. From tavern to courthouse<br />
  44. 44. Lawyering in colonial Pennsylvania<br />
  45. 45. The Quakers<br />
  46. 46. William Penn<br />
  47. 47. The Laws Agreed Upon in England, 1682<br /> … in all courts all persons of all persuasions may freely appear in their own way, and according to their own manners and there personally plead their own cause themselves; or, if unable, by their friends<br />
  48. 48. Thou shalt behave thyself in the office of attorney, within the court, according to the best of thy learning and ability, and with all good fidelity, as well as to the court as to the client. Thou shalt use no falsehood, nor delay any persons’ cause for lucre or malice.<br />A lawyer’s affirmation, 1722<br />
  49. 49. Andrew Hamilton<br />
  50. 50. Zenger Trial, 1735<br />
  51. 51. Lawyering in colonial Pittsburgh<br />
  52. 52. Fort Pitt<br />
  53. 53. Virginia versus Pennsylvania<br />
  54. 54. Lord Dunmore<br />
  55. 55. District of West Augusta<br />
  56. 56. Pennsylvania court at Hanna’s Town<br />
  57. 57. The Virginian lawyers<br />
  58. 58. John Gabriel Jones<br />
  59. 59. Nephew of Gabriel Jones, the “Valley lawyer”<br />
  60. 60. Ambushed<br />
  61. 61. Charles Simms<br />
  62. 62. It appearing to the Court that Geo Brent & John Gab'lJones, practisingAttos of this court, have this day insulted this court in a very gross manner, by directing the under sheriff not to appear & open the court when commanded by the Justices, met upon the adjournment of yesterday, from which directions the sheriff hesitated some time in doing his duty, & did commit other Insults highly derogatory from the dignity & Authority of this Court : It is the Opinion of this court that the. Sd George Brent & Jno. Gab'l Jones be suspended from practising as Attos in this Court untill the Pleasure of the General Court is known in this behalf….<br />Lawyers versus judges, 1775<br />
  63. 63. …It is therefore Ordered that the Clerk do Certify these proceedings to the honble the General Court & that the AttoGenl be sumd, John Walker, Gent, of Albemarle, Edward Winston of Bedford, Geo. Rootes of Frederick, & Chas. Sims of West Augusta, to attend there to prove the facts alleged agst the sd Brent & Jones ; & It is Ordthat they be committed to the Goal of this County, and there to remain until they Enter into recog in the sum of £200 Each, with 2 Secys Each in the sum of £100 Each.<br /> - At a Court Con'd and held for [West] Augusta County, Sepr 23d, 1775<br />Lawyers versus judges, 1775<br />
  64. 64. Lawyers, politics and revolution<br />
  65. 65. What factors contributed to the initial low number of lawyers in the American colonies?<br />Why did the number of lawyers in the colonies begin to surge in the later 1600s? <br />To what extent did colonial lawyers challenge established legal and judicial power after 1700?<br />How did colonial lawyers respond to legislative regulation of their fees?<br />In what ways did the colonial bar become “anglicized” in the eighteenth century?<br />Review questions<br />
  66. 66. Next week…Lawyering in a New Nation!<br />
  67. 67. Lawyers in Colonial America<br />
  68. 68. Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />

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