England after the Conquest

England after the Norman Conquest of 1066 also was influenced by Roman example, and the clerics who staffed the Norman and Plantagenet monarchies and who provided the earliest of their judges enabled the notion of a legal profession, and especially of litigious representation, to be accepted. Only in the ecclesiastical and admiralty courts, however, did procurators (proctors) and doctors of the civil and canon laws become established as practitioners. The native “common law” was developed by a specialized legal society, the Inns of Court, in London; there, through lectures and apprenticeship, men acquired admission to practice before the royal courts. More particularly, they could become serjeants—the most dignified of the advocates, from whom alone after about 1300 the royal judges were appointed. Various agents for litigation resembling procurators also became known. The “attorneys,” authorized by legislation, at first shared the life of the Inns with the “apprentices” in advocacy, who themselves in time acquired the title of barrister. Indeed, there were cases of men working as both barristers and attorneys. When in the 16th century the Court of Chancery was established as the dispenser of “equity,” the appropriate agent for litigation was called a solicitor, but the common-law serjeants and barristers secured the right of advocacy in that court. It was not until the 17th century that the attorneys and solicitors were expelled from the Inns and the division between advocate and attorney became rigid, and not until the 18th century did the barristers accept a rule that they would function only upon being engaged by an attorney—not upon being retained directly by a client. Other types of legal agents also developed in England, but in the 19th century all of the nonbarristers were brought under the one name, solicitor. The order of serjeants was eliminated, leaving only barristers, of whom the most senior could be made Queen’s (or King’s) Counsel.

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