Reading law is the method by which persons in common law countries, particularly the United States, entered the legal profession before the advent of law schools. This usage specifically refers to a means of entering the profession (although in England it is still customary to say that a university undergraduate is "reading" a course, which may be law or any other). Reading the law consists of an extended internship or apprenticeship under the tutelage or mentoring of an experienced lawyer. A small number of U.S. jurisdictions still permit this practice today.
- 1 History
- 2 Modern practice
- 3 External Links
History[edit | edit source]
United States[edit | edit source]
In colonial America, as in Britain in that day, law schools did not exist at all until Litchfield Law School was founded in 1773. Within a few years following the American Revolution, some universities such as the College of William and Mary and the University of Pennsylvania established a "Chair in Law". However, the holder of this position would be the sole purveyor of legal education for the institution, and would give lectures designed to supplement, rather than replace, an apprenticeship. Even as a handful of law schools were established, they remained uncommon in the United States until the late nineteenth century. Most people who entered the legal profession did so through an apprenticeship which incorporated a period of study under the supervision of an experienced attorney. This usually encompassed the reading of the works considered at the time to be the most authoritative on the law, such as Edward Coke's Institutes of the Lawes of England, William Blackstone's Commentaries on the Laws of England, and similar texts.
The scholastic independence of the law student is evident from the following advice of Abraham Lincoln to a young man in 1855:
If you are absolutely determined to make a lawyer of yourself the thing is more than half done already. It is a small matter whether you read with any one or not. I did not read with any one. Get the books and read and study them in their every feature, and that is the main thing. It is no consequence to be in a large town while you are reading. I read at New Salem, which never had three hundred people in it. The books and your capacity for understanding them are just the same in all places. [...] Always bear in mind that your own resolution to succeed is more important than any other one thing.
Reading law to become an attorney would be the norm, until the 1890s, when the American Bar Association (which had been formed in 1878) began pressing states to limit admission to the Bar to those persons who had satisfactorily completed several years of post-graduate institutional instruction. In 1941, James F. Byrnes became the last (July 8, 1941) Justice appointed to the Supreme Court of the United States who had never attended college or law school, and he was the penultimate appointee who had been admitted to practice by reading law. Byrnes was followed by Robert H. Jackson, who was commissioned just three days later (July 11, 1941) and had also been admitted to the practice of law by reading, although he had attended a law school for less than one year (instead of the customary three to four years, and had not graduated).
As of 2014, California, Vermont, Virginia, and Washington State permit students to take the state bar exam after reading law with the help of an attorney as an alternative to law school. New York, Maine, and Wyoming allow students to study in a law office together with some period of time in law school.
Some notable Americans that became lawyers by reading law[edit | edit source]
US Presidents[edit | edit source]
- John Adams
- Thomas Jefferson
- James Monroe
- Andrew Jackson
- Martin Van Buren
- Millard Fillmore, also Vice President and Chairman of the House Ways and Means Committee
- Abraham Lincoln
- James Garfield
- Chester A. Arthur
- Woodrow Wilson, Left University of Virginia School of Law to read law. Also Gov. of NJ and Pres. of Princeton University
- Calvin Coolidge
United States legislators that read law[edit | edit source]
- Alben W. Barkley, Vice President and Senate Minority Leader
- Daniel Webster, Senator from Massachusetts.
- Charles Curtis, Vice President and Senate Majority Leader
- Senator George Gray, Senator and Judge, United States Court of Appeals
- George Smith Houston, Senator and Governor of Alabama
United States Supreme Court Justices that read law[edit | edit source]
- John Rutledge
- Joseph Story
- Joseph Rucker Lamar
- Mahlon Pitney
- George Shiras Jr., Left Yale Law School to read law.
- William Henry Moody, Left Harvard Law School to read law.
- Edward Douglass White
- Justice Pierce Butler
- George Sutherland, Left University of Michigan Law School to read law
- John Hessin Clarke
- Robert H. Jackson
- James F. Byrnes, Justice and Governor of South Carolina
Other politicians that read law[edit | edit source]
- Marilla Ricker, Examiner in Chancery
- Frank B. Kellogg, United States Secretary of State
- Thomas R. Marshall, Vice President and Governor of Indiana
- Thomas Clarke Rye, Governor of Tennessee
Non-Governmental[edit | edit source]
- Francis Scott Key
- Charles D. Drake, One of Dred Scott's attorneys
- Clarence Darrow
- Kim Kardashian
Canada[edit | edit source]
Unlike their U.S. counterparts, early lawyers of Canada did get some legal training, but not within a higher institution like a school. Following English tradition, early Canadian lawyers trained by "learning law" through another lawyer. To practice fully, these legal students (articled clerk) are required to pass a bar exam and be admitted to the bar.
Reading law was also used in Ontario to train lawyers until 1949. People training to become lawyers need not attend school, but they were asked to apprentice or article with a practicing lawyer. Changes in the late 1940s ended the practice.
In Quebec, civil law required formal education; and in Nova Scotia, lawyers were trained by attending university.
Modern practice[edit | edit source]
A small number of jurisdictions still permit this. In the states of California, Vermont, Virginia, and Washington, an applicant who has not attended law school may take the bar exam after reading law under a judge or practicing attorney for an extended period of time. The required time varies. Exact rules vary as well; for example, Virginia does not allow the reader to be gainfully employed by the tutoring lawyer, while Washington requires just that. The State of New York requires that applicants who are reading law must have at least one year of law school study and Maine requires applicants to have completed at least two-thirds of a law degree. Such persons are sometimes called country lawyers or county-seat lawyers. In 2013, 60 people became lawyers this way as opposed to 84,000 via law schools. In 2019, reality television personality Kim Kardashian announced that she was reading law to become an attorney in California.
External Links[edit | edit source]
- Adwar, Corey There's A Way To Become An Attorney Without Setting Foot In Law School, (July 30, 2014)
- Harno, Albert J. (1953).Legal Education in the United States: A Report Prepared for the Survey of the Legal Profession.
- Harno p. 27.
- Harno pp. 19–20.
- Allen, Frederick James (1919). The Law as a Vocation.
- Harno pp. 86–87.
- Journal, A. B. A. Students try to avoid law school costs with 'reading law' path to law license,
- Education | John Adams Historical Society,
- Editors, History com Millard Fillmore,
- : James A. Garfield Papers, Manuscript Division, Library of Congress
- Chester A. Arthur | Biography, Presidency, Accomplishments, & Facts,
- Wilson, Woodrow (1856–1924),
- Calvin Coolidge: Life Before the Presidency, (2016-10-04)
- Libbey in "The Making of the 'Paducah Politician'", p. 255
- U.S. Senate: Charles Curtis, 31st Vice President (1929-1933),
- George Gray,
- Alabama Department of Archives and History: Alabama Governors--George Smith Houston,
- Lamar, Joseph Rucker at the Federal Judicial Center,
- Pitney, Mahlon at the Federal Judicial Center,
- Butler, Pierce at Federal Judicial Center,
- The Supreme Court . Capitalism and Conflict . Biographies of the Robes . Alexander George Sutherland | PBS,
- Clarke, John Hessin at the Federal Judicial Center,
- James Byrnes: South Carolina's Governor, 1951-1955,
- Marilla Ricker, 1840-1920 | Library,
- U.S. Senate: Thomas R. Marshall, 28th Vice President (1913-1921),
- Drake, Charles Daniel - Federal Judicial Center,
- Clarence Seward Darrow Facts,
- Clarence Darrow | American lawyer,
- 6 Attorneys Who Read the Law Like Kim Kardashian, (2019-04-17)
- Sworded, Philip James (2006). An Introduction to Canadian Law.
- Law Reader Program,
- Rules and Regulations Governing the Washington Law Clerk Program,
- New York Rules of the Court of Appeals for the Admission of Attorneys,
- Maine Bar Admission Rules,
- Melas, Chloe Kim Kardashian West, Esq. in 2022? You better believe it, (June 28, 2019)