Sunday, January 19, 2003

What Are The English Inns of Court?

Inns of Court. These are certain private unincorporated associations, in the nature of collegiate houses, located in London, and invested with the exclusive privilege of calling people to the bar; that is, conferring the rank or degree of barrister. They were founded probably about the beginning of the fourteenth century. The principal inns of court are the Inner Temple, Middle Temple, Lincoln's Inn, and Gray's Inn. (The two former originally belonged to the Knights Templar; the two latter to the earls of Lincoln and Gray respectively.) These bodies now have a "common council of legal education," for giving lectures and holding examinations.

Black's Law Dictionary 789 (6th ed. 1990).

Some History

The custom of lawyers living together during terms of court, dating back as far as Magna Carta (1215), gave rise to the unique English institution of the Inns of Court.The first, the Honorable Society of Lincoln's Inn, was given a home in the reign of Edward I (1272-1307). Its preserved records date from 1422. Sometime later, Inner Temple, Middle Temple, and Gray's Inn were established. At more than a dozen of these Inns, lawyers and students lived and were taught the tradition and learning of the common law. The Inns were subject to supervision by the judges and were associated with the Inns of Chancery.

Because the Inns also taught things such as music and dancing, it was not uncommon to find members who did not intend to enter the legal profession. Those who did, however, had a long and arduous training. The entering student, after two years of instruction in elementary law as a member of an Inn of Chancery, was admitted to the Inn of Court to which it was attached. For the next four or five years he was trained first in answering legal questions and second in arguing moot cases. At that point, he became an inner barrister and could look forward to another eight years of training. Only then was he called to the bar as an utter (or outer) barrister and permitted to practice before King's Bench. He might also at this point be chosen as a reader to give lectures to members of the Inn. After more experience he might be chosen a sergeant-at-law and permitted to practice before the oldest of the courts, Common Pleas. Sergeants were not permitted to teach, but received the highest fees. Their order was abolished in 1877.

For a time, inner barristers could act as attorneys, and until the 1500's, when they were expelled, many attorneys were attached to the Inns of Court. If attorneys acted for fees, they were required (by a series of statutes beginning with the order of Edward I in 1292) to be approved by the judges. In the eighteenth century, with the formation of the Society of Gentlemen Practicers in the Courts of Law and Equity, the name "attorney" was dropped in favor of the term "solicitor." That was the solicitors professional society until 1903 when the Law Society came into being.

The Inns of Court ceased to teach law during the English Civil War (1642-1646), and did not begin again until 1846. Legal education was nonexistent in England during those two centuries.

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Today a budding barrister must first be admitted to one of the four Inns of Court and must dine at the Inn at least 32 times in a period of eight terms. Except for a few "mature" students, since 1975 a university level law degree has been required. The few "mature" students must take a year of legal training and the Part I examination in law. Persons with a law degree are exempt from Part I. All candidates must take the Part II examination in advocacy and drafting. They prepare for this examination by taking a practical course at the Inns of Court School of Law (ICSL) and a year of apprenticeship, called "pupillage," in the chambers of a barrister. The ICSL opened in 1964. It offers courses in preparation for Part II but is not a degree-granting institution.

Frederick G. Kempin, Jr., Historical Introduction to Anglo-American Law 80-83 (3d ed. 1990).

What Are The American Inns of Court?

An American Inn of Court is not a fraternal order, a social club, a course in continuing legal education, a lecture series, an apprenticeship system, or an adjunct of a law school’s program. While an American Inn of Court partakes of some of each of these concepts, it is quite different in aim, scope, and effect.

Purpose--American Inns of Court are designed to improve the skills, professionalism and ethics of the bench and bar. American Inns of Court help lawyers to become more effective advocates and counselors with a keener ethical awareness.

Structure and Membership Of An Inn of Court--The American Inns of Court adopted the traditional English model of legal apprenticeship, and modified it to fit the particular needs of the American legal system.

American Inns of Court membership is composed of the following categories: Masters of the Bench--judges, experienced lawyers, and law professors; Barristers--lawyers who do not meet the minimum requirements for Masters; Associates--lawyers who do not meet the minimum requirements for Barristers; and Pupils--third-year law students.Inn membership should consist of a balanced cross-section from each category.

The membership is divided into "pupillage teams," with each team consisting of a few members from each membership category.

Inns of Court Meetings--Each Inn meets approximately once a month to "break bread" and to hold programs and discussions on matters of ethics, skills and professionalism. Each pupillage team is responsible for conducting one program for the Inn each year. For example, if there are eight meetings per year, there would be eight pupillage teams and each team would be responsible for putting on one of the programs during the course of the year.

Inns of Court Nationwide--The first American Inn of Court was founded in 1980 by Chief Justice Warren E. Burger, former Solicitor General Rex Lee, and Federal District Court Judge A. Sherman Chrisensen of Salt Lake City. Following the first Inn's success, the American Inn concept began to spread. The American Inns of Court Foundation was established in 1985, with 12 Inns, based on a recommendation from the Judicial Conference of the United States.

There are now approximately 300 American Inns of Court located throughout the United States. Most Inns concentrate on issues surrounding civil and criminal practice, and include attorneys from a number of specialties. However, there are several Inns that specialize in criminal practice, federal litigation, tax law, administrative law, white-collar crime, bankruptcy, intellectual property, family law, alternative dispute resolution, or employment and labor law. This would be the first Inn of Court in the country specializing in appellate practice.

The American Inns of Court Foundation--By becoming a member of a local American Inn of Court, individuals automatically become members of the American Inns of Court Foundation. The Foundation provides many services, including a publishing a bi-monthly newsletter, a National Membership Directory, maintaining a national program library, and holding a National
Conference annually. David Akridge and Swing Harre, of the American Inns of Court Foundation, have been very helpful in the effort to start this new Inn of Court. For more information about American Inns of Court, see the

When Was The Edward Coke Appellate Inn of Court Started?

The effort to start this Inn began in April 2000. It began with inquiries to Swing Harre of the American Inns of Court Foundation and e-mails to D.C.-area Fellows of the American Academy of Appellate Lawyers. Several of the Fellows responded--including Kenneth Bass, Edward Bruce, Carter Phillips, and Seth Waxman--indicating interest in the idea of an Inn of Court specializing in appellate practice.

A month later, the current Secretary/Treasurer attended the Inns of Court Foundation National Conference in Atlanta, Georgia, where he met current Masters Judge David Sentelle and B. Paul Cotter, Jr., who have provided much valuable advice and support on starting this Inn. Based on their advice, letters were sent to D.C.-area appellate judges and law firms with large appellate practices.

The first organizational meeting was Tuesday, June 20, at the Tayloe House at the U.S. Court of Appeals for the Federal Circuit. About 25 people attended this meeting. They included attorneys from the U.S. Attorney's Office, the Civil Appellate and Criminal Appellate divisions of the Justice Department, the FCC, the NRLB, the U.S. Navy, Georgetown University Law Center, the Department of Veterans Affairs, the U.S. Court of Appeals for Veterans Claims, as well as a number of private law firms.

A few weeks later, an Organizing Committee was formed, consisting of Kenneth Bass, Edward Bruce, B. Paul Cotter, Jr., Judge Timothy Dyk, Kathleen Felton, John Fisher, Judge Paul Michel, Judge Frank Nebeker, Gary O'Connor, Carter Phillips, Judge David Sentelle, and S.M. Sleater. The Organizing Committee met on August 31.

An application for charter was submitted to the Inns of Court Foundation on September 5. The Foundation granted the application in a letter dated September 13, making us Inn number 343.

At the Meeting of the Masters on October 24, the Masters elected officers (Judge Dyk, Edward Bruce, and Gary O'Connor), determined the dues structure, and chose the current name for the Inn (Edward Coke). Shortly after the Meeting of the Masters, a Membership Committee was formed, consisting of Kenneth Bass (chair), Edward Bruce, Louis Cohen, Judge Dyk, and Kathleen Felton.

Based on nominations from members, invitations were sent to Masters, Barristers, and Associates.

Our first Inn meeting was January 30, 2001.