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This article is also available for rental through DeepDyve. Email alerts New issue alert. Receive exclusive offers and updates from Oxford Academic. Citing articles via Google Scholar. The Sovereign, the Governor-General, the Crown. Italian judges and judicial practice in Libya: And if any advocate shall attempt to contravene the aforesaid form of oath in any cause, great or small, he shall be removed from his office, with the brand of perpetual infamy, and pay three pounds of the purest gold into our treasury.
Etude sur I'organisation, la competence et la procedure des tribunaux ecclesiastiques ordinaires en France, de ii8o a , Paris, , page 21, lines , says that: In certain localities, he had to renew this oath annually. The obligation of the oath was required of all officials of the ecclesiastical court la cour spirituelle. The Council of Rouen, held A. X Concilium Provinciale celebratum Rotomagi.
Capitulum 45, in Labbe and Crossart, volume 23 , col. The formula for such an oath is thus: That they shall not favor take knowingly cases that are not just; nor shall they bring about, with malice afore- 22 thought, undue delay or haste in the conduct of cases by- means of false oath, rather than stand by the truth. Nor shall they instruct their client toward malitious answer or statement ; nor shall they after the published attestations, or at any stage of the trial, nor even before the oath suborn witnesses, or cause them to be suborned.
Nor shall they permit their client to produce false witnesses ; and if they should gain knowledge thereof, they shall reveal such to the court. If memorials briefs are to be made they shall do so in good faith, and not withdraw from court malitiously, until the memorial be completed and admitted in court. Clients they shall expedite to the best of their ability, and in good faith. Nor shall they bother literally burden the Judge with objections, believing that they will give in to them. They shall sustain the honor of the court, nor perpe- trate in court a falsehood. And, inasmuch as not a few cases have been lost through ignorance on the part of advocates, we, therefore, will that none shall be admitted to conduct cases in the ecclesiastical court, unless they have studied three years at least in canon and civil law, or are otherwise made experts in the performance of their duties.
To be sure, all other statutes promulgated in regard to advocates, are remaining in full force. Chapter 3 of these statutes and orders describes the Form of oath of advocates and procurators z. The code of Danish laws promulgated by Christian V. That he- will abstain from all Cavils, Querks and Chicanery; and never seek by Absence, Delays, or superfluous Exceptions, to pro- crastinate a Suit: That he will never encourage Discord, or be the least Hind- rance to Reconciliation: And that he will act honestly, and to the best of his Power, for all his Clients.
Of this Oath the Judges shall admonish the Lawyers in dubious Cases, and if they think proper, require a Renewal of it in the Court; and moreover, command them to abstain from all Manner of Scurrility, and Abuse, in their Pleadings, especially where the Process does not concern the Fame of the Defendant. Ki ig' s Serjeant. It was doubtless a book of precedents in the Court of Exchequer from a very early period, perhaps as early as the year , and additions were made to it from time to time, notably of most of the forms of oaths contained in it.
And if you shall knowe of anie to be done you shall give Knowledge thereof to the Lord Chiefe Baron or other his Brethren that it may be reformed you shall Delay noe Man for Lucre Gaine or Malice you shall increase noe Fee but you shall be contented with the old Fee accustomed. And further you shall use your selfe in the Office of Attorney in the said office of Pleas in this Courte according to your best Learninge and Discrecion.
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So helpe you God. It is as follows: Faithfully Collected out of fundry Authentike Books and Records. Very ufeful for all perfons whatfoever, especially thofe that undertake any Of- fice of magif trade or publique Imploy- ment in the Co? Whcreunto is added a perfect Table. Printed at London for W. The Oath of an Attorney-at-Laiv. A second edition of this book was printed in , and contains the Attorney's Oath in the same form.
The following oaths of office taken from the Book of Oaths in the office of the Clerk of the Crown and the Petty Bag in Chancery, now deposited in the Record Office, are of interest as conforming substantially to the Oaths of the King's Serjeants and the Serjeants at Law: Ye shall Swear, That well and truly ye shall serve the King as one of his Council learned in the Law, and 31 truly counsel the King in his Matters when ye shall be called, and duely and truely minister the King's Matters and sue the King's Process after the Course of the Law, and after your Cunning; ye shall take no Wages nor Fee of any Man for any Matter against the King, where the King is Party ; ye shall duely, in convenient Time, speed such Matters as any Person shall have to do in the Law against the King, as ye may lawfully do, with- out long Delay, tracting or tarrying the Party of his lawfull Process in that that to you belongeth ; ye shall be attendant to the King's Matters when ye shall be called thereto; as God you help, and by the Contents of this book.
Ye shall Swear, That well and truly ye shall serve the King as his Attorney General, in all his Courts of Record, within the Kingdom of Great Britain and truly counsell the King in his Matters when ye shall be called, and duly and truly minister the King's Matters, and sue the King's Process after the Course of the Law, and after your Cunning; ye shall take no Wages nor Fee of any Man for any Matter against the King, where the King is Party; ye shall duely, in convenient time, speed such Matters as any Person shall have to do in the Law against the King, as ye may lawfully do without long delay, tracting or tarrying the Party of his lawful Process in that, that to you belongeth; ye shall be attendant to the King's Matters when ye shall be called thereto ; as God you help, and by the Contents of this Book.
Ye shall Swear, That well and truly ye shall serve the King as his Solicitor General in all his Courts of Record within the Kingdom of Great Britain, and truly counsell 32 the King in his Matters when ye shall be called, and duly and truly minister the King's Matters, and sue the King's Process, after the Courses of the Law, and after your Cunning; ye shall take no Wages nor Fee of any Man, for any Matter against the King, where the King is Party; ye shall duely, in convenient Time, speed such Matters as any Person shall have to do in the Law against the King, as ye may lawfully do, without long Delay, tracting or tarrying the Party of his lawful!
Process, in that, that to you belongeth ; ye shall be attendant to the King's Matters when ye shall be called thereto ; as God you help, and by the Contents of this Book. There is much curious learning in the early English Law with regard to serjeants-at-law, apprentices and barristers. Neither does it happen, that in any other Country, an Advocate enriches Himself so much by his Practice as Serjeant at Law.
The Reason is the same. Selden, in his Note ad Cap. Discreet he was and of great reverence; He seemed such, his words were so wise. Justice he was full often at Assise, By patent and by pleine commission: For his science and for his high renown. Notes of Selden, etc. Edition , pages , , Paul's or of Westminster Abbey, where lawyers were wont to meet their clients for consultation. In this case, as in some others in the passage, I have ventured to put, in place of the original words, a modern form, more easily understood now, but which, I trust, pre- serves the author's meaning. All was fee simple to him in effect, His conveyancing could not be attacked.
Nowhere so busy a man as he there was, And yet he seemed busier than he was. In terms had he cases and decisions all That from the time of King William had been given; Thereto he could endite and make a thing, There could no wight cavil at his writing; And every statute knew he fully by rote He rode but homely in a motley coat Girt with a sash of silk with small bars.
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The address of Lord Com- missioner Whitelocke to the new serjeants-at-law, November 1 8, , when they appeared at the Chancery Bar to take upon them the degree, states the nature of the lawyer's office and its duties as then understood. The zeal of his client's cause, as it must not transport him to irreverence, so it must not mislead him to untruths in his information of the court. The statute of Will.
The name of unfaithfulness is hateful in all ; and more in advocates than others, whom the client trusts with his liveli- 37 hood, without which his Hfe is irksome; and the unfaithful- ness or fraud of the one is the ruin of the other. Some are poor, yet their business must not be neglected if their cause be honest; they are not the worst clients, though they fill not your purses, they will fill the ears of God with prayers for you, and he who is the defender of the poor will repay your charity.
Some clients are of mean capacity; you must take more pains to instruct yourself to understand their business. Some are of quick capacity and confidence, yet you must not trust to their information. Some are peaceable, detain them not, but send them home the sooner. Some are contentious, advise them to reconcilement with their adversary. Amongst your clients and all others, endeavour to gain and preserve that estimation and respect which is due to your degree, and to a just, honest, and discreet person.
Among your neigh- bours in the country, never foment but pacify contentions. Manning's Serjeants' Case, pages An examination of the legislation as to attorneys in the Colonies which became the thirteen original States of the Union, shows how the attorney's office was recognized and established here. It should be borne in mind, however, in considering this legislation that by the ancient English common law no per- son had a right to appear in Court by an attorney.
A liti- gant could advise with and retain the " man of lawe," who might lawfully " stand by him " as his counsel, but could not represent him in all the responsibilities of litigation, devolved on the suitor, in propria persona. In the Harleian MSS. Moriz Heyne, Deutsches Worterbuch, Volume 3 , column 49, says: And Master John says that he is a commojt advocate, and stpod with the said Master William for his giving quod est communis advocatus, et stetit cum predicto Magistro Willielmo, pro suo dando , against the said William de Welleby.
Master William says, that he caused him to be cited for another trespass, and not for the first. But, by the jury, — he is guilty, to the damage of the said William de Welleby of twenty-four marks. And Master John is acquitted, because he is a common advocate. In other words, Rechtsbeistand means i legal assistance, and 2 legal assistant, i. Grimm, Deutsches Worterbuch, Volume 8 , column The formula in legal documents is: Vor dem Notar N. The formula in legal documents runs thus: Before the Notary N. It is true that there were men of law, and pleaders, as they were called, in England from time immemorial, and when William the Conqueror in order to obtain an authentic record of the laws and customs of Eng- land called together a body of English nobles, he also called with them English lawyers to report on the subject ; but it was not until after the Conquest when justice was adminis- tered in England in a form as well as a language unknown to the English, that the employment of lawyers to represent suitors became absolutely necessary.
It is interesting to note, however, that in the early days of the English law the lawyer stood in direct relation to his client, as is now the case in the United States. The modern English Barrister has no clients. He recognizes only Solici- to rs through whom alone the client can communicate with him. But the ancient English lawyer knew no solicitor or middle man. Parties were first permitted to appear by attorneys by the Statute of Merton,f A. The reason of this doubtless was that it was thought attorneys ought not to practice in the Courts unless they kept themselves practically qualified for the duties of their office.
The lawyer's official oath and office eBook: Josiah Henry Benton: theranchhands.com: Kindle Store
The legislation in the different States as to the lawyer's oath has been substantially as follows: I, Westminster 2, c. Statute of Carlisle, 15 Edw. I"' 7 Richard 2, c. You shall not wittingly and willingly promote, sue or procure to be sued any false or unlawful suit, nor give aid or consent to the same. You shall delay no man for lucre or malice, but you shall use yourself in the office of an Atturney within the court according to the best of your learning and discretion, and with all good fidelitie, as well to the court as to the client.
So help you God. Edition of , page General Assembly held at New-Haven on the 9th of October, In the admission of lawyers and their oath of office were provided for by " An Act about Attornies and Solici- tors," as follows: For preventing abuses and irregularities in all and every the courts within this her Majesty's government, and that all Attornies and Solicitors practising therein may be duly qualified to execute and perform the trust in them reposed: Be it enacted by the honorable John Evans, esq. You shall do no false- hood or deceit, nor consent to any to be done, in this court, to your knowledge ; and if you know of any to be done, you shall give knowledge thereof to the Chief Justice, or any other the justices of this court, that it may be reformed: You shall plead no foreign plea, nor sue any foreign suits, unlawfully, to the hurt of any man, but such as shall according to your judg- ment stand with the order of the law and your own con- science: You shall not wittingly or willingly sue, or procure to be sued, any false suits, nor give aid or consent to the same, on pain of being expulsed from this court for ever.
You shall truly use and demean yourself in the office of an attorney within this court, according to your learning and discretion. That there may be a competent number of persons of an honest disposition, and learned in the law, admitted by the justices of the said respective courts, to practice as Attornies there, who shall behave themselves justly and faithfully in their practice, and before they are so admitted, shall take the following qualification, — Thou shalt behave thyself in the Office of an Attorney within the court according to the best of thy learning and ability, and with all good fidelity as well to the court as to the client: Thou shalt use no falsehood, nor delay any person's cause through lucre or malice.
And if they misbehave themselves therein, they shall suffer such penalties and suspensions as Attornies at Law in Great Britain are liable to in such cases. Edition of , Vol. Such attornies may enter actions, prosecute and defend suits, draw writs, process and pleadings, and practice generally in all the courts of this State without further license. So help me God or so I affirm. And it is hereby further enacted by the authority aforesaid, That every person who shall, pursuant to this act, be admitted and enrolled to be an attorney in the said courts of king's bench, common pleas, exchequer, great sessions in Wales counties palatine of Chester, Lancaster and Durham, or any inferior courts of record wherein attorneys have been accustomably admitted and sworn, shall, before he is admitted and enrolled as aforesaid, take and subscribe the oath following, instead of the oath heretofore usually taken by the attorneys of such courts respectively.
And it is hereby further enacted by the authority aforesaid. That every person who shall, pursuant to this act, be admitted and enrolled to be a solicitor in the said high court of chancery, or in any of the other courts of equity aforesaid, shall, before he shall be so admitted and enrolled, take and subscribe the oath following, viz. And be it enacted. That no person shall be allowed to practice or plead in any of the superior or inferior courts, until examined in open court, and admitted by one or more of the judges of the superior court: Provided, That the persons heretofore admitted shall not be deprived by this act from practicing in either court; but the justices may suspend, and the judges or either of them may try an attor- ney for malpractice in his profession.
And all fines, for- feitures and penalties imposed by this or any other act, shall be recovered in the most usual or summary way. But in it was pro- vided that attorneys at law who were citizens of and had been regularly admitted to the practice of the Superior Courts of law and equity in other States should, on com- plying with the other regulations required by the laws of Georgia for the admission of attorneys, be admitted to prac- tice without having resided two years within the State of Georgia. But the act which allowed this provided specifically that " no attorney or attornies shall be allowed to practise in the courts of this state, as aforesaid, unless he or they do actually reside within the limits of the same.
That such applicants from other states, shall previous to their admission in this state, produce to the judge or judges of the superior courts of this state, a certificate of his regular admission to the superior courts in the state from which such applicants may come, together with a certificate of his fair moral and professional character, duly certified under the seal of the state where he shall have been admitted, and shall also undergo a strict examination as to his professional abilities, before a judge or judges of the superior court.
Edition of , page 41, SI Court be admitted to practice " Provided, such person shall produce satisfactory evidence of his moral rectitude, and shall undergo an examination in open court, upon a day assigned for that purpose, by the judge. An act was passed in Maryland in 17 14 regulating the fees and conduct of attorneys as follows: S3 " An Act for rectifying the ill practices of attornies of this province, and ascertaining fees to the attorney-general, clerk of indictments, attornies and practitioners of the law in the courts of this province, and for levying the same by way of execution," as follows: That nothing in this act shall extend, or be construed to extend, to give right to any courts of this province to admit any attorney, or other person practising the law, to practise in any court that has been already refused so to do by his excellency, and his 54 majesty's honourable council, nor to any person that shall not qualify himself by taking the oaths appointed to be taken by act of parliament made in the sixth year of the reign of her late majesty, of pious memory, entitled An act for the secur- ity of her majesty's person and government, and of the succession to the crown of Great-Britain in the protestant line.
I do solemnly swear or affirm that I will at all times demean myself fairly and honorably as an attorney and practitioner at law ; that I will bear true allegiance to the State of Mary- land, and support the laws and constitution thereof, and that I will bear true allegiance to the United States, and that I will support, protect and defend the constitution, laws and government thereof as the supreme law of the land ; any law or ordinance of this or any State to the contrary notwith- standing. It was many years after the Massachusetts Bay Colony was settled before a distinct class of attorneys-at-law was known.
It is said to have been doubtful if there were any regularly educated attorneys-at-law who practised in the Courts of the Colony at any time. But by the Body of Liberties, the Massachusetts Magna Charta, of , it was specially declared that " Every man that findeth himselfe unfit to plead his owne cause in any Court shall have Libertie to imploy any man against whom the Court doth not except, to helpe him. Provided he give him noe fee or reward for his paines. And when an attempt was made to prevent this by law, it was opposed because parties would then be obliged to employ lawyers to present cases in Court.
X 2 Winthrop's History, It is therefore ordered, by this court and the authority thereof, that when any plaintiff or defendant shall plead, by himself or his Attorney, for a longer time than one hour, the party that is sentenced or condemned shall pay twenty shillings for every hour so pleading more than the com- mon fees appointed by the court for the entrance of actions, to be added to the execution for the use of the country. Laws, , Whitmore Ed. This appears by the following record: Capt Nathaniel Thomas and Mr, Christopher Webb being admitted attourneyes had the following Oath administered to them: You shall delay no man for Lucre or Malice.
You shall increase no fees but be Contented with such fees as are by order of Councill or the Judge of this Court allowed you, in time to come you shall plead no plea nor sue any suits unlawfully to hurt any man but such as shall stand with the Order of the Law and your Conscience. You shall not Wittingly or Willingly sue nor procure to be sued any false suits or give Aid or Consent to the same on pain of being expulsed from the Court for Ever and further you shall use and Demeane yourselves in the office of Attourneyes within the Court according to your Learning and discretion: William Stoughton, the chief presiding judge, had been a student at Oxford prior to , and was after- wards in England from to , as agent for the Colony.
You shall delay no man for lucre or malice, but you shall use yourselfe in the office of an attorney within the court according to the best of your learning and discretion, and with all good fidelity as well to the court as to your clients. And it was also provided that " Every person admitted as an attorney shall, in open court, take and subscribe the oaths to support the con- stitution of the United States, and of this Common- wealth, and the oath of office. These rules required the applicant for admission to have practised with fidelity and ability in the Court of Common Pleas for the term of two years before being eligible for admission as an attorney of the Supreme Court.
The question raised was whether an agreement made by an attorney bound a client who was ignorant of it, and who offered to show that the attorney had not been, in fact, counsel in the case for some time, although his appearance had not been withdrawn from the docket. The Court held the agreement binding, saying: When, therefore, an appearance is entered for a party, by a regular attorney, all parties have a right, prima facie, to regard him as the accredited representative of such party.
In most cases of controverted facts, many facts are embraced in the issue, which are not really in dispute between the parties ; but each must be prepared to prove all the facts necessary to his own case, unless he can previously obtain a concession from the adverse party, in a form which he can rely upon, at the trial. It is, therefore, a wise, useful and beneficial practice, resorted to by those who are most careful in preparing causes for trial, and a practice well deserving to be encouraged by the courts, for the parties, by their attorneys, to obtain and give mutual concessions, in writing, of all the material facts, not intended to be controverted, and so narrow the litigation to the precise matters in controversy.
It saves expense, avoids surprise and delay, and often prevents the loss of a good cause, by an unexpected call for proof, which could easily have been obtained, if it had been anticipated that such fact would be called in question. This practice of admitting facts is the more necessary, since the disuse of special plead- ing, which was designed, and to some extent had the effect, to narrow the issue on record to some one or a few questions of fact.
This consideration renders it important to hold, that a litigant party shall not be permitted to deny the authority of his attorney of record, whilst he stands as such on the docket. He may revoke his attorney's authority, and give 66 notice of it to the court and to the adverse party; but whilst he so stands, the party must be bound by the acts of the attorney. We cannot admit the correctness of this view. Many things may and ought to be done out of court, and in vacation, with a view to the proper conduct of the cause.
All acts to be done by an attorney, without special directions, must be acts within the scope of his official authority and duty, in the proper conduct and management of the cause in which he is engaged ; and this is the proper limit of his authority. In there were twenty-five barristers in the Commonwealth and thirty-one more were called after that time. At that time only those who had been admitted and sworn as attorneys in the highest Court and had practised there for two years were eligible to be called as barristers.
In 1 78 1 the Supreme Judicial Court, which was estab- lished by the Constitution of , made the following order, which is upon its records: The Gentleman who shall be a Candidate shall stand within the Bar. The Chief Justice or in his absence the Senior Justice shall in the name of the Court repeat to him the Qualifications necessary for a Barrister of the Law ; shall let him know that it is a Conviction in the Mind of the Court of his being possessed of these Qualifications that induces them to confer this Honor upon him; and shall solemnly charge him so to conduct himself as to be of singular Service to his Country by exerting his abilities for the Defence of her Constitutional Freedom: VVe Well knowing your Ability, Learning and Integrity Command you that you appear before our Justices of our Supreme Judicial Court next to be holden at in and for our county of on the Tuesday of next then and there in our said Court to take upon you the State and degree of a Barrister at Law.
The first complete form of an attorney's oath which I have found in the English Colonies in America was that pre- scribed by an order of the President and Council of his Majesty's Territory and Dominion in America, in " An order for the holding of Courts and Execution of Justice," passed in in the old Town House in Boston, when Joseph Dudley was President. This act was passed in sec- tions on different days.
Section 3, passed May 28, , provided that " Such as from time to time shall be allowed and sworn Attoiirnyes by the Council and County Courts and they only to receive Fees? So help You God. That the plaintiff or defend- ant in any suit may plead or defend his cause by himself in his proper person, or with the assistance of such other person as he shall procure. And be it further Enacted, That all attornies commonly practicing in any of the courts of justice within this prov- ince, shall be under oath, which oath shall be administered to them by the clerk in open court, before the justices of the same, at the time of their being admitted to such practice in the tenor following.
That is to say.
You shall not wittingly or willingly promote, sue or procure to be sued any false or unlawful suit, nor give aid or consent to the same. You shall delay no man for lucre, or malice, but you shall use yourself in the office of an attorney within the court according to the best of your learning and discretion, and with all good fidelity, as well to the court as your client.
And the fee to be allowed for an attorney in the supe- rior court of judicature shall be twelve shillings, and in the inferior court of common pleas ten shillings, and no more ; and but one attorney to be paid for in any case ; and none but such as are allowed and sworn attorneys, as aforesaid, shall have any fee taxed for them in bills of cost: Any law, usage, or custom to the contrary in any wise notwithstanding.
So help you GOD.
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So help me God. In , however, it was ordered by the Court " that no person for the future shall practice as a Sergeant in this Court but those that are recommended by the Judges to the Governor for the time being, and duly called up by writ and sworn agreeably to the practice of England. In the degree of Sergeant- at-law was abolished. The rules of the Supreme Court require that an attorney or counsellor shall not be admitted unless he take the oath to support the Constitution of the United States and the oath of allegiance to the State, as well as the oath of office prescribed by law.
The oath of office prescribed by law at the present time is as follows: I, , do solemnly promise and swear, that I will faithfully and honestly demean myself in the practice of an attorney or of a counselor or solicitor, as the case may be , and will execute my office according to the best of my abilities and under- standing. Both rest upon immemorial custom. Law, where the Court say: They are invested with that privilege by letters-patent, issued by the governor of the state when he is assured that such licensees are possessed of the proper qualifications by a recommenda- tion to that effect from the Supreme Court, based upon an examination made by it or under its supervision, which ex- amination so made or supervised has, from the earliest periods, been a distinctive attribute of the Supreme Court, and as such existed in unqualified form at the time the constitution of 1 was adopted.
The power of the Supreme Court thus to examine, for itself, those whom, it recom- mended for license, was therefore one of those ' powers ' which in addition to its 'jurisdiction,' it was by that instru- ment authorized to ' continue. The first legislation as to lawyers in the Province of New York was: Be it Enacted by the People of the State of New- York, represented in Senate and Assembly, and it is hereby Enacted by the Authority of the same, That it shall be law- ful for all and every Person and Persons whomsoever, of full Age and sound Memory, other than Defendants in Cases where corporal Punishments may be inflicted, to make and appear by his, her or their Attorney or Attornies, in all and every or any Suit, Action or Plea, real or personal, moved or to be moved, by or against him, her or them, in any Court in this State; and to commence, pursue, prosecute or defend the same Suit, Action or Plea, in Person, or by his, her or their Attorney or Attornies.
And be it further Enacted by the Authority afore- said, That all Warrants of Attorney of the Parties, or of any or either of them, in all Suits, Actions and Pleas, in any Court of Record, shall be taken before the Judges or Justices of the respective Courts in which the same Suit, Action or Plea is or shall be depending, or one of them, or before the Chancellors of this State for the Time being, who shall cer- tify and send the Warrants of Attorney before him taken, to 8o the Judges or Justices of the Court in which the Suit, Action or Plea is or shall be depending.
And further, That such as cannot conveniently come before any or either of the Judges or Justices of the Court in which such Suit, Action or Plea is or may be depending, or before the Chancellor, to make his, her or their Attorney or Attornies in the same Suit, Action or Plea, may appear before such Judges, Justices or Chancellor, or either of them, by his, her or their Agent or Attorney, having sufficient Authority therefore in Writing, by Letter of Attorney or otherwise, from the Person or Per- sons in whose Behalf such Suit, Action or Plea is or may be depending; and in Cases where it may be necessary, shall have a Writ out of the Chancery to some sufficient Man, to receive his, her or their Warrant of Attorney in the same Suit, Action or Plea ; and in all Cases where any Infant is or shall be entitled to any Suit or Action, some or one of the next Friends of such Infant shall be admitted, in Manner aforesaid, to sue and prosecute for such Infant.
And if any Infant is or shall be impleaded, a Guardian shall be appointed, in Manner aforesaid, for such Infant, to defend the same Suit, Action or Plea, for the same Infant. And be it further Enacted by the Authority afore- said, That no Person shall henceforth be admitted a Coun- sellor, Attorney, Solicitor, Advocate or Proctor, in any Court, but such as have been brought up in the same Court, or are otherwise well practised in soliciting Causes, and have been found, by their Dealings, to be skilful, and of honest Disposition ; and that every Person hereafter to be admitted a Counsellor, Attorney, Solicitor, Advocate or Proctor of any Court, shall, before such Admission, be examined by the Judges or Justices of the same Court, and such only as shall be found virtuous and of good Fame, and of sufficient Learn- ing and Ability, shall be admitted, and their Names shall be put in a Roll or Book to be kept in each Court respectively, for that Purpose; and each and every Person so admitted shall, upon such Admission, in open Court, take and sub- scribe an Oath of Office in the Words following: And be it further Enacted, by the Authority afore- said, That if any Counsellor, Attorney, Solicitor, Advocate or Proctor of any Court, heretofore admitted, or hereafter to be admitted, shall be found notoriously in Default of Record or otherwise, he shall be put out of the Roll, and never after be received to act as a Counsellor, Attorney, Solicitor, Advocate or Proctor, in any Court.
That when any Attorney shall die, or cease to act, or be put out of the Roll of Attornies, the Persons for whom he was Attor- ney, shall be warned to appoint another Attorney in his Place, so that in the mean Time no Damage or Prejudice may come to the Party. And be it further Enacted by the Authority afore- said. That if any Counsellor, Attorney, Solicitor, Pleader, Advocate, Proctor, or other, do any Manner of Deceit or Collusion, in any Court of Justice, or consent unto it in Deceit of the Court, or to beguile the Court or the Party, and thereof be convicted, he shall be punished by Fine and 82 Imprisonment, and shall moreover pay to the Party grieved, treble Damages, and Costs of Suit.
And such Attorney, Solicitor or Proctor, shall thereupon be put out of the Roll and be discharged from thenceforth from being an Attorney, Solicitor or Proctor any more. That no Attorney, Solicitor or Proctor, shall commence any Suit or Action for Recovery of any Fees, Charges or Disbursements, until eight Days after he shall have delivered to the Party to be charged therewith, or left for him or her, at his or her Dwelling-House, or last Place of Abode, a Bill of such Fees, Charges and Disbursements, written in a common legible Hand, in the English Tongue, except Law Terms, and the Names of Writs, and in Words at length, except Times and Sums, and such Abbreviations as are com- monly used in the English Language subscribed with the proper Hand of such Attorney, Solicitor or Proctor.
And be it further Enacted by the Authority aforesaid, That the Attorney for the Plaintiff or Demandant, in every Action or Suit, shall file his Warrant of Attorney with the proper Officer of the Court where the Cause is or shall be depending, the same Term he declares, and the 83 Attorney for the Defendant or Tenant shall file his Warrant of Attorney as aforesaid, the same Term he appears, upon Pain to forfeit, for every Neglect or Offence, the Sum of Ten Pounds, to be recovered by Action of Debt, Bill, Plaint or Information ; the one Moiety thereof to the Use of the People of this State, and the other Moiety thereof to the Officer to whom or in whose Office the same Warrant should be deliv- ered, entered or filed ; and also to make Satisfaction to the Party grieved, according to the Discretion of the Court where any such Default or Neglect shall be had or made.
And be it further Enacted by the Authority afore- said, That every Process for arresting, and every Writ of Execution, or some Label annexed, shall, before Service or Execution thereof, be subscribed or indorsed with the Name of the Attorney or Person by whom the same Process or Writ of Execution shall be sued forth. And be it further Enacted by the Authority afore- said, That if any Attorney of any Court of Record, shall knowingly and willingly permit or suffer any other Person to sue out any Writ, or commence, prosecute or defend any Action or Suit, in his Name, and be thereof convicted, he shall be put out of the Roll of Attornies, and from the Time of such Conviction, be disabled to practice in such Court.
That as well the same Attorney as he who shall sue out any such Writ, or commence, prosecute or defend any such Action or Suit, shall each of them forfeit, for every such Offence, the Sum of Twenty Pounds; the one Moiety thereof to the People of this State, and the other Moiety thereof to the Party grieved ; to be recovered by Action of Debt, Bill, Plaint or Information, in any Court of Record. And if the provisions of the 5th and 6th sections were included in the oath of office required by the act, the oath would correspond very nearly to the official oath established in New Hampshire in The statute is also interesting as showing how carefully written authority by parties to attorneys was then required to be given by a warrant of attorney.
Catalog Record: The lawyer's official oath and office | Hathi Trust Digital Library
The English statutes as to lawyers were observed in North Carolina and were considered as in force as late as Published according to a Resolve of the General Assembl '. By Francois-Xavier Martin, Esq. And that all Attornies and Solicitors shall give a true bill unto their masters or clients, or their assigns, of all other charges concerning the suits which they have for them, subscribed with his own hand and name, before such time as they or any of them shall charge their clients with any the same fees or charges: And that if the Attorney or Solicitor do or shall willingly delay his clients suits to work his own gain, or demand by his bill any other sums of money, or allowance upon his account of any money which he hath not laid out or disbursed, that in every such case, the party grieved, shall have his action against such Attorney or Solicitor, and recover therein costs and treble damages, and the said Attorney and Solicitor shall be discharged from thenceforth from being an Attorney or Solicitor any more.
And to avoid the infinite numbers of Solicitors and Attornies, be it enacted by the authority of this present Parliament, that none shall from henceforth be admitted Attornies in any the King's courts of record aforesaid, but such as have been brought up in the same courts, or other- wise well practised in soliciting of causes, and have been found by their dealings to be skilful and of honest dis- position: And that the Attorney in such case shall be excluded from being an Attorney for ever thereafter.
And be it further enacted by the authority afore- said. AND whereas the frequent Abufes of Attornies have occafioned Diftreffes to many of the good People of this State ; Be it therefore enacted, That it fhall not be lawful for either Plaintiff or Defendant to employ in any Matter or Suit whatever more than one Attorney to fpeak to any Suit in Court; and the Courts in this State are hereby directed not to fuffer more than one Attorney as aforefaid in any Matter whatever, to plead for either Plaintiff or Defendant to any Suit, under the Penalty of a Violation of this Act.
The provision as to admission of attorneys now is as fol- lows: The first provision of law as to Attorneys in Pennsylvania was in in " An ACT for establishing Courts of Judicature in this province," as follows: And be it further enacted, That there may be a competent number of persons, of an honest dispo- sition, and learned in the law, admitted by the Justices of the said respective courts, to practise as Attornies there ; who shall behave themselves justly and faithfully in their practice: And if they misbehave themselves therein, they shall suffer such penalties and suspensions, as Attornies at law in Great-Britain are liable to in such cases ; by which Attornies actions may be entered, and writs, process, declara- tions, and other pleadings and records, in all such actions and suits, as they shall respectively be concerned to prose- cute or defend from time to time, may be drawn, and with their names and proper hands signed: Which said Attornies so admitted may practise in all the courts of this province, without any further or other licence or admittance: And that the Attorney for the plaintiff in every action shall file his warrant of attorney in the Prothonotary's office the same court he declares: And the Attorney for the defendant shall file his warrant of attorney the same court he appears: And if they neglect so to do, they shall have no fee allowed them in the bill of costs, nor be suffered to speak in the cause, until they file their warrants respectively.
By the act of the 25th day of September, , 2d vol. That there may be a competent Number of Persons of an honest Disposition, and learned in the Law, admitted by the Justices of the said respective Courts, to Practice as Attor- neys there, who shall behave themselves justly and faithfully in their Practice ; and before they are so admitted, shall take the following Qualification, viz.
Thou shalt behave thy self in the Office of Attorney within the Court, according to the best of thy Learning and Ability, and with all good Fidelity, as well to the Court as to the Client: And if they misbehave themselves therein, they shall suffer such Penalties and Suspensions as Attorneys at Law in empowered to make rules for the government of its own practice ; and by the act of the 13th day of April, , 3d vol.
Great-Britain are liable to in such Cases; by which Attor- neys, Actions may be entered, and Writs, Process, Declara- tions and other Pleadings, and Records in all such Actions and Suits as the ' shall respectively be concerned to prose- cute or defend, from Time to Time may be drawn and with their Names and proper Hands signed.
Justice Tom Waterman administers Illinois Attorney Oath of Office for Tim Gulbranson
Which said Attor- neys so admitted, may practice in all the Courts of this Province, without any further or other Licence or Admit- tance. And that the Attorney for the Plaintiff in every Action shall file his Warrant of Attorney in the Prothonotary's Office the same Court he declares, and the Attorney for the Defendant shall file his Warrant of Attorney the same Court he appears and if they neglect so to do, they shall have no Fee allowed them in the Bill of Costs, nor be suffered to speak in the Cause until they file their Warrants of Attorney respectively.
Edition of , pages , It was as follows: And these being thus chosen and confirmed, shall be authorised, being entertained, to plead in any court of the Colony; but incase any such pleader or attorney shall use any manner of deceit, as is aforesaid, and be thereof attainted, or that shall be notoriously in any default of record, he shall forfeit his place and never more be admitted to plead in any court of the Colony. In , how- ever, Section 4 of the act to establish a Supreme Judicial Court provided " That the said Supreme Court shall have power I do solemnly swear, that I will demean myself as an Attorney and Counsellor of this Court, and all other Courts and tribunals of the State before whom I may practise as an Attorney or Counsellor, uprightly and according to law, and that I will support the Constitution and laws of this State, and the Constitution of the United States.
I, , do solemnly swear that I will demean myself as an attorney and counsellor of this court, and of all other courts before which I may prac- tice as an attorney and counsellor, uprightly and accord- ing to law, and that I will support the Constitution and laws of this State and the Constitution of the United States.
A large number of English statutes were made of force in South Carolina in December, 17 Among others Chap- ter 29 of Primer Westminster as to penalties upon Serjeants or pleaders committing deceit; and also the provision of Chapter 18, 4 Henry 4 A. Public Laws of South Carolina Ed. That when any person shall have served a lOO clerkship of four years to some practising attorney of the said court of common pleas, who hath practised therein for the term of seven years thence before, or to the prothonotary of the said court, and shall adduce satis- factory proof thereof to the said court; or any native of the United States who shall produce proper testimonials of his having studied for three years in any foreign uni- versity or law college, and is willing and desirous of being examined as to his knowledge of law, which the judges of the court of chancery or common pleas are hereby authorised and required to do in manner afore- said, and on such examination shall be found duly quali- fied — every such person and persons shall be admitted to the bar of the several courts of law and equity in this State.
And be it further enacted by the authority aforesaid, That every person so licensed and admitted as aforesaid shall, at the time of his admission, take the oath of allegiance and fidelity to this State, and likewise the oath of an attorney ; and if any person shall pre- sume to act without having taken the said oaths respec- tively, such person shall forfeit and pay the sum of one hundred pounds sterling, to be recovered by any informer who shall sue for the same by action of debt, in any court of record having jurisdiction: Provided, that nothing contained in this Act shall exclude any person or persons who have any business depending in any of the courts, either to plead in his own case, to put in his plea or answer at the proper office, or file his declaration, as the case may be.
A license to practise as an attorney can only be granted by the Supreme Court upon a written examination upon a course of study prescribed by it, or upon a degree of the Law School of the State Univer- sity, and satisfactory evidence of good moral character. The admission of attorneys was regulated in Virginia in by an act which provided that " For the better regulating of attorneys and the great fees exacted by them, it shall not be lawfull for any attorney to plead causes on behalfe of another without license or per- mission first had and obtained from the court where he pleadeth, Neither shall it be lawfull for any attorney to have license from more courts then from the quarter court and one county court, and that they likewise be sworne in the said courts where they are so licensed, And it is further enacted that no attorneys plead in any county court shall demand or receive either for drawing petition, declaration or answer and for his fifee of pleading the cause of his client above the quantitie of 20 lb.
And for such offence in quarter court shall forfeit lb. Be it therefore enacted, That all mercenary attorneys be wholly expelled from such office, except such suits as they have already vndertaken, 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.
J In the following peculiar act was passed: The oath is wanting in both MSS. And if any controversies arise between attornie and his client about their ffee, it shall be determined in the court where the cause is pleaded. Provided allwaies that those onely be called councellors at law, who have allreadie been qualified therevnto by the lawes of England, and those so qualified to enjoy all priviledges those lawes give them. Jefferson and of Mr.
Rand, in both of which the oath was found wanting, and that fact is noted in the printed statute. In March, , the following act was passed, which of course repealed the act of , and provided a new oath, which may, perhaps, account for the oath in the act of not being written out: And because the breakers thereof through their subtillity cannot easily bee discerned: