Reading law
Reading law was the primary method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the tutelage or mentoring of an experienced lawyer. The practice largely died out in the early 20th century. A few U.S. states still permit people to become lawyers by reading law instead of attending law school, although the practice is rare.[1]
In this sense, "reading law" specifically refers to a means of entering the profession, although in England it is still customary to say that a university undergraduate is "reading" a course, which may be law or any other.
United States
[edit]History
[edit]In colonial America, as in Britain in that day, law schools did not exist at all until Litchfield Law School was founded in 1773. Within a few years following the American Revolution, some universities such as the College of William and Mary and the University of Pennsylvania established a "Chair in Law".[2] However, the holder of this position would be the sole purveyor of legal education for the institution, and would give lectures designed to supplement, rather than replace, an apprenticeship.[3] Even as a handful of law schools were established, they remained uncommon in the United States until the late nineteenth century. Most people who entered the legal profession did so through an apprenticeship which incorporated a period of study under the supervision of an experienced attorney. This usually encompassed the reading of the works considered at the time to be the most authoritative on the law, such as Edward Coke's Institutes of the Lawes of England, William Blackstone's Commentaries on the Laws of England, and similar texts.[4]
The scholastic independence of the law student is evident from the following advice of Abraham Lincoln to a young man in 1855:
If you are absolutely determined to make a lawyer of yourself the thing is more than half done already. It is a small matter whether you read with any one or not. I did not read with any one. Get the books and read and study them in their every feature, and that is the main thing. It is no consequence to be in a large town while you are reading. I read at New Salem, which never had three hundred people in it. The books and your capacity for understanding them are just the same in all places. [...] Always bear in mind that your own resolution to succeed is more important than any other one thing.[5]
Historically, country lawyers or county-seat lawyers were more likely to have read law. Reading law to become an attorney would be the norm, until the 1890s, when the American Bar Association, formed in 1878, began pressing states to limit admission to the Bar to those persons who had satisfactorily completed several years of post-graduate institutional instruction.[6]
On July 8, 1941, James F. Byrnes became the last Justice appointed to the Supreme Court of the United States who had never attended college or law school, and he was the penultimate appointee who had been admitted to practice by reading law. Byrnes was followed by Robert H. Jackson, who was commissioned just three days later, on July 11, 1941, and had also been admitted to the practice of law by reading, although he had attended Albany Law School for less than one year, taking a two-year program in the single year to save money.
Modern practice
[edit]In 2013, 60 people qualified to sit for the bar exam by reading law as opposed to 83,926 via law schools, and of those 60, 17 passed on their first attempt.[1]
As of 2024, four US states still permit reading law as the sole means of legal education. In California,[1] Vermont[1] and Washington,[7] an applicant who has not attended law school may take the bar exam after reading law under a judge or practicing attorney for a period of four years. In the fourth state, Virginia,[8] the period of reading law is only three years. Other rules vary as well. For example, Virginia does not allow the reader to be gainfully employed by the tutoring lawyer, while Washington requires just that. In California the requirements of the state bar association for reading law are set forth in Rule 4.29, Study in a law office or judge's chambers.[9]
Two other states allow reading law in combination with some law school. New York allows applicants to read law provided they have already completed at least one year of law school study.[10] Maine requires applicants to have completed at least two-thirds of a law degree.[11] A 2023 bill before the Maine Legislature attempted to remove the requirement for two years of law school study, but the bill was indefinitely tabled.[12]
| State | Required law school | Required time reading law | Bar passage rate |
|---|---|---|---|
| California | None | Four years[13] | |
| New York | One year | Three years[14] | |
| Maine | Two years | One year[15] | |
| Vermont | None | Four years[16] | |
| Virginia | None | Three years[17] | 20.21%[18] |
| Washington | None | Four years[19] |
Notable Americans who became lawyers by reading law
[edit]U.S. presidents
[edit]- John Adams[20]
- Thomas Jefferson[21]
- John Quincy Adams
- Andrew Jackson
- Martin Van Buren
- John Tyler
- Millard Fillmore[22]
- James Buchanan
- Abraham Lincoln – later said of his legal education that "I studied with nobody."
- James A. Garfield[23]
- Chester A. Arthur[24]
- Grover Cleveland[25]
- Woodrow Wilson,[26] left University of Virginia School of Law to read law
- Calvin Coolidge[27]
U.S vice presidents
[edit]U.S. legislators
[edit]- Daniel Webster, Senator from Massachusetts
- George Gray,[30] Senator and Judge United States Court of Appeals
- George S. Houston,[31] Senator and Governor of Alabama
- John H. Mitchell, U.S. Senator from Oregon in the 1870s
U.S. Supreme Court chief justices
[edit]Except for the second chief justice John Rutledge, who had formal legal education at the Middle Temple in London, no chief justice had any university-based legal training until Melville Fuller in 1888, who attended Harvard Law School for six months. In short, 7 of the first 8 U.S. Supreme Court chief justices engaged in their legal education primarily by reading law. All chief justices since the appointment of Edward Douglass White in 1910 have held law degrees.
U.S. Supreme Court justices after 1900
[edit]Few early Supreme Court justices attended law school although the practice of attending law school became more common after around 1900. Supreme Court justices who read law after 1900 include:
- James F. Byrnes[32]
- Pierce Butler[33]
- John Hessin Clarke[34]
- Gabriel Duvall
- Joseph Rucker Lamar[35]
- Robert H. Jackson
- William Henry Moody, left Harvard Law School to read law
- Mahlon Pitney[36]
- George Sutherland, left University of Michigan Law School to read law[37]
Other politicians
[edit]- Patrick Henry, 1st Governor of the Commonwealth of Virginia
- Marilla Ricker,[38] Examiner in Chancery
- Frank B. Kellogg, United States Secretary of State
- Thomas R. Marshall,[39] Vice President and Governor of Indiana
- Thomas Clarke Rye, Governor of Tennessee
- Granville Pearl Aikman, Judge and suffragist[40]
- Edmund Pendleton, 1st Chief Justice, Supreme Court of Virginia
- William Simon U'Ren, Father of the Oregon System
- Rush Limbaugh Sr., Missouri judge
Non-governmental
[edit]- Francis Scott Key
- John Neal,[41] writer and activist
- Charles D. Drake,[42] one of Dred Scott's attorneys
- Clarence Darrow[43][44]
References
[edit]- ^ a b c d Adwar, Corey (July 30, 2014). "There's A Way To Become An Attorney Without Setting Foot In Law School". Business Insider.
- ^ Harno, Albert J. (1953). Legal Education in the United States: A Report Prepared for the Survey of the Legal Profession. p. 23.
- ^ Harno (1953), p. 27.
- ^ Harno (1953), pp. 19–20.
- ^ Allen, Frederick James (1919). The Law as a Vocation. Harvard University. p. 25.
- ^ Harno (1953), pp. 86–87.
- ^ "Rules and Regulations Governing the Washington Law Clerk Program". Washington State Bar Association. 2002. Retrieved March 4, 2007.
- ^ "Law Reader Program". Virginia Board of Bar Examiners. 2010. Retrieved January 6, 2010.
- ^ "TITLE 4. ADMISSIONS AND EDUCATIONAL STANDARDS Adopted July 2007 DIVISION 1. ADMISSION TO PRACTICE LAW IN CALIFORNIA Chapter 1. General Provisions, Rule 4.29 Study in a law office or judge's chambers" (PDF).
- ^ "New York Rules of the Court of Appeals for the Admission of Attorneys". New York State Board of Bar Examiners. 2000. Retrieved January 20, 2011.
- ^ "Maine Bar Admission Rules" (PDF). Maine Board of Bar Examiners. 2009. Archived from the original (PDF) on July 27, 2011. Retrieved January 20, 2011.
- ^ "Bill aims to drop law school requirement to become licensed to practice in Maine". Lewiston Sun Journal. 2023-04-06. Retrieved 2024-06-10.
- ^ "The State Bar of California". www.calbar.ca.gov. Retrieved 2024-06-10.
- ^ "Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law". nycourts.gov. Retrieved 2024-06-10.
- ^ "Title 4, §803: Qualifications for taking bar examination". legislature.maine.gov. Retrieved 2024-06-10.
- ^ "The Law Office Study Program | Vermont Judiciary". www.vermontjudiciary.org. Retrieved 2024-06-10.
- ^ "VBBE - Law Reader Program - Rules & Regulations". barexam.virginia.gov. Retrieved 2024-06-10.
- ^ "VBBE - Law Reader Program - Memorandum". barexam.virginia.gov. Retrieved 2024-06-10.
- ^ "Washington State Bar Association Law Clerk Program (APR 6)". admissions.wsba.org. Retrieved 2024-06-10.
- ^ "Education | John Adams Historical Society". www.john-adams-heritage.com. 29 February 2012. Retrieved 2019-12-27.
- ^ Meacham, Jon (2012). Thomas Jefferson: The Art of Power. Random House LLC. pp. 29, 39. ISBN 978-0679645368.
- ^ "Millard Fillmore". HISTORY. Retrieved 2019-12-27.
- ^ "James A. Garfield Papers". Manuscript Division, Library of Congress.
- ^ "Chester A. Arthur | Biography, Presidency, Accomplishments, & Facts". Encyclopedia Britannica. Retrieved 2019-12-31.
- ^ "Grover Cleveland | Biography & Facts". Encyclopedia Britannica. Retrieved 2020-02-21.
- ^ "Wilson, Woodrow (1856–1924)". www.encyclopediavirginia.org. Retrieved 2019-12-29.
- ^ "Calvin Coolidge: Life Before the Presidency". Miller Center. 2016-10-04. Retrieved 2019-12-31.
- ^ Libbey in "The Making of the 'Paducah Politician'", p. 255.
- ^ "U.S. Senate: Charles Curtis, 31st Vice President (1929-1933)". www.senate.gov. Retrieved 2019-12-27.
- ^ "George Gray". www.fjc.gov. Retrieved 2019-12-27.
- ^ "Alabama Department of Archives and History: Alabama Governors--George Smith Houston". archives.alabama.gov. Retrieved 2019-12-28.
- ^ "James Byrnes: South Carolina's Governor, 1951-1955". www.sciway.net. Retrieved 2019-10-11.
- ^ "Butler, Pierce at Federal Judicial Center". www.fjc.gov. Retrieved 2019-12-29.
- ^ "Clarke, John Hessin at the Federal Judicial Center". www.fjc.gov. Retrieved 2019-12-29.
- ^ "Lamar, Joseph Rucker at the Federal Judicial Center". www.fjc.gov. Retrieved 2019-12-29.
- ^ "Pitney, Mahlon at the Federal Judicial Center". www.fjc.gov. Retrieved 2019-12-29.
- ^ "The Supreme Court . Capitalism and Conflict. Biographies of the Robes. Alexander George Sutherland | PBS". www.thirteen.org. Retrieved 2019-12-29.
- ^ "Marilla Ricker, 1840-1920 | Library". www.library.unh.edu. Retrieved 2019-12-29.
- ^ "U.S. Senate: Thomas R. Marshall, 28th Vice President (1913-1921)". www.senate.gov. Retrieved 2019-12-27.
- ^ staff (November 1, 1900). "Endorsed by Bryanites". The Eureka Herald.
- ^ Neal, John (1869). Wandering Recollections of a Somewhat Busy Life. Boston, Massachusetts: Roberts Brothers. pp. 273–288. OCLC 1056818562.
- ^ "Drake, Charles Daniel - Federal Judicial Center". www.fjc.gov. Retrieved 2019-12-31.
- ^ "Clarence Seward Darrow Facts". biography.yourdictionary.com. Retrieved 2019-12-30.
- ^ "Clarence Darrow | American lawyer". Encyclopedia Britannica. Retrieved 2019-12-30.
