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Reading law was the method used in
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
countries, particularly the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended
internship An internship is a period of work experience offered by an organization for a limited period of time. Once confined to medical graduates, internship is used practice for a wide range of placements in businesses, non-profit organizations and gover ...
or
apprenticeship Apprenticeship is a system for training a new generation of practitioners of a trade or profession with on-the-job training and often some accompanying study (classroom work and reading). Apprenticeships can also enable practitioners to gain a ...
under the
tutelage Tutoring is private academic support, usually provided by an expert teacher; someone with deep knowledge or defined expertise in a particular subject or set of subjects. A tutor, formally also called an academic tutor, is a person who provides ...
or mentoring of an experienced
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicit ...
. The practice largely died out in the early 20th century. A few U.S. states still permit people to become lawyers by reading law instead of attending law school, although the practice is rare. In this sense, "reading law" 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. __TOC__


History


United States

In
colonial America The colonial history of the United States covers the history of European colonization of North America from the early 17th century until the incorporation of the Thirteen Colonies into the United States after the Revolutionary War. In the ...
, as in Britain in that day, law schools did not exist at all until
Litchfield Law School The Litchfield Law School of Litchfield, Connecticut, was the first independent law school established in America for reading law. Founded and led by lawyer Tapping Reeve, the proprietary school was unaffiliated with any college or university. (Wh ...
was founded in 1773. Within a few years following the
American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revoluti ...
, some universities such as the
College of William and Mary The College of William & Mary (officially The College of William and Mary in Virginia, abbreviated as William & Mary, W&M) is a public research university in Williamsburg, Virginia. Founded in 1693 by letters patent issued by King William ...
and the
University of Pennsylvania The University of Pennsylvania (also known as Penn or UPenn) is a Private university, private research university in Philadelphia. It is the fourth-oldest institution of higher education in the United States and is ranked among the highest- ...
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 Apprenticeship is a system for training a new generation of practitioners of a trade or profession with on-the-job training and often some accompanying study (classroom work and reading). Apprenticeships can also enable practitioners to gain a ...
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 Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sax ...
's '' Institutes of the Lawes of England'',
William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family ...
's ''
Commentaries on the Laws of England The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volum ...
'', and similar texts. The scholastic independence of the law student is evident from the following advice of
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation throu ...
to a young man in 1855: Reading law to become an attorney would be the norm, until the 1890s, when the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of aca ...
(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 The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over Stat ...
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 Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was an American lawyer, jurist, and politician who served as an Associate Justice of the U.S. Supreme Court from 1941 until his death in 1954. He had previously served as Unit ...
, 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 University of Albany's law school for less than one year (taking a two-year program in the single year to save money). As of 2014,
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
,
Vermont Vermont () is a U.S. state, state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York (state), New York to the west, and the Provin ...
,
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...
, and
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
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 New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
,
Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and nor ...
, and
Wyoming Wyoming () is a state in the Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the southwest, and Colorado to t ...
allow students to study in a law office together with some period of time in law school. In California the requirements of the state bar association for reading law are set forth in Rule 4.29, Study in a law office or judge’s chambers.


Notable Americans who became lawyers by reading law


=U.S. presidents

= *
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
*
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
*
James Monroe James Monroe ( ; April 28, 1758July 4, 1831) was an American statesman, lawyer, diplomat, and Founding Father who served as the fifth president of the United States from 1817 to 1825. A member of the Democratic-Republican Party, Monroe was ...
*
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
*
Martin Van Buren Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party, he ...
*
Millard Fillmore Millard Fillmore (January 7, 1800March 8, 1874) was the 13th president of the United States, serving from 1850 to 1853; he was the last to be a member of the Whig Party while in the White House. A former member of the U.S. House of Represen ...
, also Vice President and Chairman of the House Ways and Means Committee *
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation throu ...
* James A. Garfield * Chester A. Arthur *
Grover Cleveland Stephen Grover Cleveland (March 18, 1837June 24, 1908) was an American lawyer and politician who served as the 22nd and 24th president of the United States from 1885 to 1889 and from 1893 to 1897. Cleveland is the only president in American ...
*
Woodrow Wilson Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was an American politician and academic who served as the 28th president of the United States from 1913 to 1921. A member of the Democratic Party, Wilson served as the president of ...
, left
University of Virginia School of Law The University of Virginia School of Law (Virginia Law or UVA Law) is the law school of the University of Virginia, a public research university in Charlottesville, Virginia. It was founded in 1819 by Thomas Jefferson as part of his "academical v ...
to read law; also governor of New Jersey and president of
Princeton University Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the ...
*
Calvin Coolidge Calvin Coolidge (born John Calvin Coolidge Jr.; ; July 4, 1872January 5, 1933) was the 30th president of the United States from 1923 to 1929. Born in Vermont, Coolidge was a Republican lawyer from New England who climbed up the ladder of Ma ...


=U.S. legislators

= *
Alben W. Barkley Alben William Barkley (; November 24, 1877 – April 30, 1956) was an American lawyer and politician from Kentucky who served in both houses of Congress and as the 35th vice president of the United States from 1949 to 1953 under Presiden ...
, Vice President and Senate Minority LeaderLibbey in "The Making of the 'Paducah Politician'", p. 255 *
Daniel Webster Daniel Webster (January 18, 1782 – October 24, 1852) was an American lawyer and statesman who represented New Hampshire and Massachusetts in the U.S. Congress and served as the U.S. Secretary of State under Presidents William Henry Harrison ...
, Senator from Massachusetts *
Charles Curtis Charles Curtis (January 25, 1860 – February 8, 1936) was an American attorney and Republican politician from Kansas who served as the 31st vice president of the United States from 1929 to 1933 under Herbert Hoover. He had served as the Sena ...
, Vice President and Senate Majority Leader * George Gray, Senator and Judge United States Court of Appeals *
George S. Houston George Smith Houston (January 17, 1811 – December 31, 1879) was an American Democratic politician who was the 24th Governor of Alabama from 1874 to 1878. He was also a congressman and senator for Alabama. Early life Houston was born near Fra ...
, Senator and Governor of Alabama * John H. Mitchell, U.S. Senator for Oregon in the 1870s. Mitchell studied law on his own in Pennsylvania.


=U.S. Supreme Court justices

= *
John Rutledge John Rutledge (September 17, 1739 – June 21, 1800) was an American Founding Father, politician, and jurist who served as one of the original associate justices of the Supreme Court and the second chief justice of the United States. Additio ...
*
Joseph Story Joseph Story (September 18, 1779 – September 10, 1845) was an associate justice of the Supreme Court of the United States, serving from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and '' United States ...
* Joseph Rucker Lamar * Mahlon Pitney * George Shiras Jr., left Yale to read law * William Henry Moody, left Harvard to read law * Edward Douglass White * Pierce Butler * George Sutherland, left University of Michigan to read law * John Hessin Clarke *
Robert H. Jackson Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was an American lawyer, jurist, and politician who served as an Associate Justice of the U.S. Supreme Court from 1941 until his death in 1954. He had previously served as Unit ...
* James F. Byrnes, Justice and Governor of South Carolina * Stephen Field


=Other politicians

= *
Patrick Henry Patrick Henry (May 29, 1736June 6, 1799) was an American attorney, planter, politician and orator known for declaring to the Second Virginia Convention (1775): " Give me liberty, or give me death!" A Founding Father, he served as the first a ...
, 1st Governor of the Commonwealth of Virginia *
Marilla Ricker Marilla Marks Ricker (née Young; March 18, 1840 – November 12, 1920) was a suffragist, philanthropist, lawyer, and freethinker. She was the first female lawyer from New Hampshire, and she paved the way for women to be accepted into the bar i ...
, Examiner in Chancery *
Frank B. Kellogg Frank Billings Kellogg (December 22, 1856December 21, 1937) was an American lawyer, politician, and statesman who served in the U.S. Senate and as U.S. Secretary of State. He co-authored the Kellogg–Briand Pact, for which he was awarded the N ...
, United States Secretary of State *
Thomas R. Marshall Thomas Riley Marshall (March 14, 1854 – June 1, 1925) was an American politician who served as the 28th vice president of the United States from 1913 to 1921 under President Woodrow Wilson. A prominent lawyer in Indiana, he became an acti ...
, Vice President and Governor of Indiana *
Thomas Clarke Rye Thomas Clarke Rye (June 2, 1863September 12, 1953) was an American politician who served as the 32nd governor of Tennessee from 1915 to 1919. An ardent supporter of prohibition in the United States, prohibition of alcoholic beverages, he helped re ...
, Governor of Tennessee *
Granville Pearl Aikman Granville Pearl Aikman (December 26, 1858 – September 29, 1923) was an American attorney and judge who was a Judge of the 13th District Court of Kansas from 1900 until 1913. During his time on the bench, he presided over many cases involving ...
, Judge and suffragist * Edmund Pendleton, 1st Chief Justice,
Supreme Court of Virginia The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrativ ...
*
William Simon U'Ren William Simon U'Ren (January 10, 1859 – March 8, 1949) was an American lawyer and political activist. U'Ren promoted and helped pass a corrupt practices act, the presidential primary, and direct election of U.S. senators. As a progressive, U'Re ...
, Father of the Oregon System * Rush Limbaugh Sr., Missouri judge


=Non-governmental

= *
Francis Scott Key Francis Scott Key (August 1, 1779January 11, 1843) was an American lawyer, author, and amateur poet from Frederick, Maryland, who wrote the lyrics for the American national anthem "The Star-Spangled Banner". Key observed the British bombardment ...
* John Neal, writer and activist *
Charles D. Drake Charles Daniel Drake (April 11, 1811 – April 1, 1892) was a United States senator from Missouri and Chief Justice of the Court of Claims. Charles Drake was successively a Whig, a Know Nothing, and a Democrat. Education and career Born o ...
, one of Dred Scott's attorneys * Clarence Darrow *Mary Mecartney "Prominent agricultural union United Farm Workers of America trains law apprentices to study for the bar. Attorney Mary Mecartney, former executive board member for the union, is among the program's successful alumni."


Canada

Unlike their U.S. counterparts, early lawyers of
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
did get some legal training, but not within a higher institution like a school. Following
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...
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 Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
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 Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirte ...
, civil law required formal education; and in
Nova Scotia Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native Eng ...
, lawyers were trained by attending university.


Modern practice

A small number of jurisdictions still permit this. In the states of
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
,
Vermont Vermont () is a U.S. state, state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York (state), New York to the west, and the Provin ...
,
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...
, and
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
, an applicant who has not attended law school may take the
bar exam A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction. Australia Administering bar exams is the responsibility of the bar associat ...
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 New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
requires that applicants who are reading law must have at least one year of law school study and
Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and nor ...
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 qualified to sit for the bar exam this way as opposed to 84,000 via law schools.


References


External links


Search of Federal Judicial Center for 'Read Law'

California First-Year Law Students' Examination, aka 'The Baby Bar'

VERMONT SUPREME COURT, LAW OFFICE STUDY PROGRAM


{{DEFAULTSORT:Reading Law Legal education Legal history