Re: [DL] lawyer question [STEVE LONG?]

[SteveL1979@aol.com]

In a message dated 7/18/2001 12:12:40 AM Eastern Daylight Time, 
zacharin@pluto.dsu.edu writes:

<< Well, this being thwe case, what was required to be a lawyer back then- or
 could, say, I just up and say "I'm a lawyer!" with absolutely no training? >>

    Generally speaking, in the 1870s, there were two ways to prepare to 
become a lawyer:  go to law school and study formally; or learn by going to 
work for an attorney and working your way up to the point where you could 
gain admittance to the bar. It wasn't as formal as it is today, IOW.
    Out west, where there were very few law schools, the "apprenticeship" 
route was the way most often taken -- if there was any formal training at 
all. Given the general lack of state bar associations, lawyers to study 
under, etc. in a lot of instances, an educated, or even reasonably 
articulate, fellow could virtually just declare himself an attorney and start 
practicing, developing his skills and knowledge and contacts over time. In 
many territories, the only requirements to join the bar were being 21 or 
older, being of good moral character, and passing an exam given by a judge 
(usually involving a few vague and simple questions -- most judges had little 
true legal training themselves). For example, famed arsonist William Tecumseh 
Sherman gained admittance to the Kansas bar simply by showing that he 
possessed "a rich fund of miscellaneous information."
    As the West grew and matured, formally-trained lawyers became more 
common. You're particularly likely to find them anywhere that land's just 
been opened up for settlement or mining; they show up in droves to help with 
deeds and land claims. In many new settlements on the plains, the first 
structure/tent you saw -- after the establishment of a saloon -- was one put 
up by a lawyer, complete with a sign advertising his services. Oftentimes the 
"office" was nothing more than a wooden crate the lawyer set up in the street 
and used for a desk, with a sign explaining who he was and what he did 
propped up in front. Filing a land claim cost about $.25 to $2 in legal fees.

Steven S. Long, J.D.