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3 - The American Legal Profession, 1870–2000

Published online by Cambridge University Press:  28 November 2008

Michael Grossberg
Affiliation:
Indiana University
Christopher Tomlins
Affiliation:
American Bar Foundation, Chicago
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Summary

This chapter deals with two broad topics. One is the “legal profession,” the formal institutions and organizations through which associations of lawyers seek and exercise state authority to regulate training for and admission to their guilds, to enforce their rules against members, and to protect their privileges against outsiders. The other and much broader topic is that of lawyers themselves, the people and occupational groups who make up to the profession, their work and social roles and their social standing, economic condition, and political influence. In the United States all lawyers have since the Revolution formally belonged to a single, unified profession, licensed by the states where they practice. There are no official ranks or specialties of lawyers, such as the English distinction between barristers (trial lawyers) and solicitors; the French among avocats, avoués, conseils juridiques, and notaires; or the German between the private profession of advocate and the public professions of civil servant, prosecutor, and judge, each calling for a different training, examination and career path. But in reality the legal profession is many, not one: a collection of occupational groups that work at very diverse practice tasks, enjoy very different levels of status and income, and play very different roles in the economy, politics, and society.

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Publisher: Cambridge University Press
Print publication year: 2008

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References

Alexander, Lucien, Memorandum for Use of ABA’s Committee to Draft Canons of Professional Ethics (Chicago, 1908).Google Scholar
Brandeis, Louis D., “The Opportunity in the Law,” in Business – A Profession (Boston, 1927).Google Scholar
Carlin, Jerome, Lawyers’ Ethics: A Survey of the New York City Bar 30 (1966).
Cooley, Thomas M., “The Contingent Fee Business,” Albany Law Journal 24 (1881).Google Scholar
Langdell, C. C., “Harvard Celebration Speeches,” Law Quarterly Review 3 (1887).Google Scholar
Moley, Raymond, Politics and Criminal Prosecution (New York, 1929).Google Scholar
Olney, Richard, “To Uphold the Honor of the Profession of the Law,” Yale Law Journal 19 (1910).CrossRefGoogle Scholar
Reed, Alfred Z., Training for the Public Profession of the Law (New York, 1921).Google Scholar

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