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27 - Solicitors

Published online by Cambridge University Press:  10 January 2011

J. R. Spencer
Affiliation:
University of Cambridge
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Summary

The most striking thing about the legal profession in England is the division into solicitors and barristers. As the solicitors far outnumber the barristers, and the layman has more contact with solicitors than with barristers, what is technically the junior part of the profession may be described first. The profession of solicitor took its present form relatively recently. In earlier times the barristers practically constituted the whole profession, the men who eventually evolved into solicitors being then far more lowly members of society. The old courts of King's Bench and Common Pleas had attached to them a number of attorneys who were appointed and controlled by the judges. These attorneys represented their clients and so could take many of the formal steps required for litigation. Some measure of legal ability or knowledge of procedure was required before a judge would admit a man as an attorney, but on the whole the attorneys were not sufficiently learned for the more important work of framing and then presenting a case; the more skilled work fell to the barristers. The rise of the Court of Chancery led to the need for a class of men corresponding to the common law attorneys; the counterpart of the attorneys were the solicitors of the Chancery Court, whose chief work was perhaps to ‘solicit’ (worry or bribe) the officials so that the customary delays of Chancery proceedings were reduced as far as possible. The ecclesiastical and admiralty courts had a similar class of men called proctors.

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Publisher: Cambridge University Press
Print publication year: 1989

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  • Solicitors
  • J. R. Spencer, University of Cambridge
  • Book: Jackson's Machinery of Justice
  • Online publication: 10 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560071.029
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  • Solicitors
  • J. R. Spencer, University of Cambridge
  • Book: Jackson's Machinery of Justice
  • Online publication: 10 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560071.029
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Solicitors
  • J. R. Spencer, University of Cambridge
  • Book: Jackson's Machinery of Justice
  • Online publication: 10 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560071.029
Available formats
×