Lawyers in Ancient Rome
The Western World owes a lot to the great Roman civilization. Like most inheritances, parts of it are a mixed blessing—they are essential yet not always pleasant. For instance, we can thank our spiritual ancestors for the existence of bureaucracy, property taxes, and lawyers, among other things. Today, we’ll take a closer look at lawyers in Ancient Rome.
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Table of Contents
Lawyers in Ancient Rome
The early Romans stood out due to their inclination to live according to a set of commonly accepted procedures instead of the whims of a hereditary monarch. It all began with customs, the unwritten rules every society observes to a degree or another.
Later, kings Numa Pompeius and Ancus Marcius codified the proceedings of religious ceremonies so other rulers couldn’t bungle them and anger the gods like Tullus Hostilius did. Since the priests were the experts of these rituals, they became the first legal specialists of Rome.
Conclusively, the High Priest (Latin, Pontifex Maximus) was the foremost legal authority of the State for many centuries.
It also meant the aristocratic patricians had a monopoly on the interpretation of the law since only the elites could aspire to the highest priestly offices. Imagine a Supreme Court comprised of unimpeachable, lifelong judges accountable to no Earthly authority. Wait a minute!… Never mind.
The Democratization of the Law
In the early days, the interpretation of legality was based on oral traditions rather than chiseled-in-stone laws. Moreover, the recorded precedents and edicts that formed the foundation of the legal system were incomprehensible to the illiterate average Roman—no wonder it was left to the priests to figure out the nuances.
Can you imagine the possibilities for abuse? A handful of priestly aristocrats decided what was legal or not based on old stories, gut feelings, and texts only they could understand. It all changed in 449 B.C.
After centuries of internal conflict between the plebeians and patricians, the aristocratic elite finally agreed to put things into writing in a comprehensible and transparent way. Thus, the Twelve Tablets were put together, outlining the rights and obligations of all Roman citizens. Furthermore, the Tablets were displayed in the Forum for everyone to see. No more mumbo-jumbo!
Almost a hundred and fifty years later, the Ius Civile Flavianum was published. It was a collection of legal forms and procedures that further demystified the interpretation of the law and made it accessible to the common people.
As the monopoly over legal interpretation was broken, it was only a matter of time until a new class of lawyers and jurists emerged.
The First Lawyers
Due to Athenian influences, Romans were expected to defend themselves in court or ask a friend to speak for them. Obviously, not everyone was a good public speaker or had friends who were. Naturally, a growing number of “professional friends” appeared before the courts. The first advocates were born.
There was a catch, though: those who spoke in court couldn’t receive payment for their service. After all, friends don’t expect payment for helping each other.
Have you ever heard of a lawyer working for free? Neither did the Romans. One way or another, the advocates obtained compensation.
Apart from the “gifts” they received, lawyers also had ulterior motives to appear in court. In a world without television or the internet, people flocked to witness high-profile cases for fun. A good speaker could impress his fellow citizens and successfully run for political office, for instance. Think of Cicero, and you get the idea.
The Jurists
Roman magistrates were elected officials, so their primary skill was to speak well without saying much. As “friends” speaking on behalf of the defendants, lawyers were also required to be skilled in rhetoric. So, if everyone was busy talking, who read the laws? The jurists, of course.
The first non-priestly legal experts were the jurisconsults—wealthy individuals with a hobby of studying the law. These learned “amateurs” advised the courts and private individuals on judicial matters.
Notaries
You can’t have a real bureaucracy without someone recording everything. Thus, the notaries came to life.
As with today, notaries recorded every contract, will, and testament. Although they were considered “inferior” compared to lawyers and jurists, I am sure they did well for themselves. Contemporary Romans often suspected notaries of adding unnecessary bla bla bla when recording simple transactions since they were paid by the line.
Later Legal Professionals
Emperor Claudius decided to drop the charade and officially regulate the legal profession. Lawyers could earn an honest buck without the need to pretend anymore. There was still a legal limit to the amount they could charge, but I am sure the lawyers found ways to circumvent it.
By the fourth century, lawyers had to be members of the bar in order to plead in court. Furthermore, they were required to study law in addition to rhetoric. It was like our world before social media: you actually had to study a field before you could call yourself an expert. Thankfully, that’s not the case anymore, and I can be a struggling amateur historian instead of a successful corporate businessperson. Well, that’s what you get when you hate the thing that you are good at. But I digress.
As lawyers gradually became lawyers and the courts became centralized and bureaucratized, the role and scope of amateur jurisconsults decreased up to the point of irrelevance.
In the emergent Eastern Roman Empire, practicing law was highly regulated, similar to how things are today.
Legacy
Roman Civil Law—the basis of many modern legal principles—couldn’t have existed without lawyers and other legal professionals. Despite the lack of moral rectitude apparent in the actions and behavior of some lawyers—ancient and contemporary alike—their existence is a necessity in any civilized society.
Lastly, we shouldn’t gloss over Roman lawyers’ contribution to one of Western Civilization’s most iconic creations: the “Law & Order” TV series—the episodes would be lame without the recurring court drama.
