The History of the Legal Profession
Have you ever come to your mind at what extent was the history of the legal profession?
The right of defense is very ancient, it was found since the foundation of the idea of the “Dispute” (as a part of the sociology) that is need for attack and defense, so anyone of the parties might need for a legal assistance or entrust for his rights.
In the beginning of the humanity, people was solving their disputes by themselves, sometimes, they can seek the assistance of their families and friends. During Moses’s time, some Jews worked in the judicial sector (similar to the lawyer career) in revolving that are raising among individuals in legal matters, and they were not paid by their clients as they were paid by the state, they were considered a part of the judicial system, and judges used to be chosen among them.
In Chaldeans, Babylonians, Persians, and ancient Egyptians, there were people known of their science and smartness, whose people were seeking their advice whenever a dispute raised among them, this remains so until Egyptians invented writing so they allowed the written pleadings only, the reason behind because the speaker might be very talented so he might impress the judge with his logic, voice tone, and delivery.
This art was transferred from Egyptians to Greeks where philosophers, wise, and speakers liked the government and its laws set by Darkon, the first Athena’s philosophers who included the art of rhetoric in their speeches was Pericles, since then people used to seek the lawyers’ assistance to resolve the disputes in front of Athena’s courts, the first one who drafted a written pleading and sent it to his client to read it himself was Antiphon, Darkon and Solon have also set rules to regulate the legal profession and its circumstances required for those who intend to work as lawyers, and they were called (Speakers) at that time. Some of the lawyer’s requirements were:
- Being free.
- Not being dishonorable (among them those who do not respect their parents).
- Not being from those who refused to defend their home or accepting public careers.
- Whoever practiced non-moral trade.
- Whoever was seen in debauchery places.
- whoever lived in luxury and wasted what he inherited from his forefathers.
- Whoever was a treasurer in the government, unless he provided a personal financial clearance.
Women were also prevented from practicing the legal profession for their decency and dignity.
Courts and lawyers’ areas were considered holy, so these areas were holy water sprayed before the pleadings are carried out because referring that all works and speeches shell be pure and holy.
It was also recommended:
- Lawyers shall be humble, and not fawning towards the judges to attain the success of their case.
- Avoid multiple-representation for one lawsuit by the same lawyer.
- Not hitting the ground with their feet during the speech.
- Avoid bothering the judges during the deliberations.
- Peaceful retreating from the court session.
- Avoid gathering people around them.
The first lawyer to take attorney fees from his client was Antiphon, then he was followed by the others, however, their aim (of attaining honor, serving justice, helping people getting their rights) was not changed.
The art of legal profession was transferred to the Romans, and it was considered as stairs that are used to get in high levels in the government professions, like Cicero.
Romans set some requirements for those who want to work in the legal profession:
- Being 17 year of age.- Studying the law for five years.
- Undergoing to an exam in the courts or the area he intends to reside in.
It is worth to mention that the history has never come across an incident of firing a lawyer from his profession because cheating or betraying his client, by contrast, some of them preferred death over violating the considerations of honor.
Since then, the legal profession starts following the countries’ conditions, getting weakened by the weakness of the governments, and getting strong by the strengthen of the them.
NOTE: You can watch the content on the wiki law Youtube channel
https://www.youtube.com/watch?v=2XKzZkc8eSY&t=9s
Wiki Law
Mohammed Zeyad ALNSOUR
August 22, 2022
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