Kara Sears
Reading law refers to a means of entering the legal profession that was common before the advent of law schools. It involves an extended internship or apprenticeship under the guidance of an experienced lawyer. While this practice has largely died out, a few U.S. states still permit individuals to become lawyers by reading law instead of, or in combination with, attending law school. Reading law involves studying authoritative works on the law and understanding how to interpret legislation and statutes. This includes understanding basic statutory organization, definitions, order of operation, and what does not constitute law. Additionally, reading law school casebooks can be challenging due to unstated assumptions and the need to be alert for unusual arguments.
| Characteristics | Values |
|---|---|
| Definition | Terms in legislation and statutes have technical definitions that differ from everyday use. |
| Basic Statutory Organization | Understanding the structure of legislation allows for more efficient argument creation and a better understanding of applicable laws. |
| Order of Operation | Each state has its own way of organizing its code and indicating new language. Most states make their bill drafting manuals available online. |
| What Isn't Law | Some states allow "proposed" or "concept" drafts that are non-statutory summaries of bills they intend to introduce. |
| Tabulation and Grammar | Punctuation and grammar are essential. Substantive language may come before or after a tabulated list. Punctuation details like Oxford commas, colons, hyphens, and semicolons have legal purposes. |
| Cross-References | Be aware of cross-references within a bill, which can be referred to by a verbal description or numerical reference. |
| Technical and Conforming Changes | Many bills contain technical and conforming changes, which are not substantive and deal with punctuation, clarifying changes, or cross-references. |
| Drafting Rules | Statutes are generally not interchangeable, and comparing definitions or provisions between states can lead to confusion or misinterpretation. |
| Finding Laws | Public laws are published annually in the United States Statutes at Large. More timely resources include U.S. Code Congressional and Administrative News (U.S.C.C.A.N.). |
| Historical Context | Reading historical documents often requires understanding the context and unstated assumptions made by the authors. |
| Casebooks | Law students learn by reading casebooks and opinions written assuming prior legal knowledge. Reading cases is a skill that involves dealing with ambiguity and uncertainty. |
| Apprenticeship | Reading law was the primary method of entering the legal profession before law schools. It involved an extended internship or apprenticeship under an experienced lawyer. |
| Current Status | A few US states still permit people to become lawyers by reading law. As of 2013, 60 people qualified to sit for the bar exam by reading law. |
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What You'll Learn
Reading law as a method of entering the legal profession
Reading law was the primary method used in common law countries, especially the United States, for people to prepare for and enter the legal profession before the advent of law schools. It involved an extended internship or apprenticeship under the guidance of an experienced lawyer. While this practice largely declined in the early 20th century, a few U.S. states, including California, Vermont, and Washington, still allow individuals to become lawyers by reading law instead of, or in combination with, attending law school. This method is uncommon, with only 60 people qualifying to sit for the bar exam by reading law in 2013 compared to 83,926 via law schools.
The process of reading law typically includes studying authoritative works on the law, such as Edward Coke's "Institutes of the Lawes of England" and William Blackstone's "Commentaries on the Laws of England." It also involves gaining practical experience under the mentorship of a judge or practicing attorney. In states like California, Vermont, and Washington, applicants are required to engage in this form of legal education for a period of four years before being allowed to take the bar exam.
Despite the rise of formal legal education, reading law remains a viable, albeit less travelled, path to becoming a lawyer in certain states. It offers an alternative for those who may not have the means or inclination to attend law school. However, it is important to note that the requirements for reading law can vary by state, and some states may have additional conditions, such as completing a certain portion of a law degree or passing specific exams.
In conclusion, while reading law as a method of entering the legal profession has seen a decline in popularity, it still persists in some U.S. states. It provides an opportunity for dedicated individuals to pursue a legal career through self-study and practical experience under the guidance of established legal professionals. For those considering this path, it is essential to familiarize themselves with the specific requirements and regulations of their state to ensure they meet the necessary qualifications for legal practice.
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Tips for reading legislation and code
Reading legislation and code can be challenging, but there are some tips and tricks to help you navigate and understand them better. Here are some guidelines:
Understand the Basics of Statutory Interpretation
Start with the text of the Act itself and look for the meaning of the words. If the meaning is clear and obvious, that is what was intended. If the meaning is not immediately clear, use extrinsic materials and a purposive approach to understand the legislative context and why the law was enacted. Adhere to the rules and guidelines provided, such as those outlined in the Acts Interpretation Act 1901 (Cth).
Read the Explanatory Memorandum (EM)
The EM provides valuable context by explaining why an Act was introduced. It may also include specific examples and historical information. The EM can often be found on the Federal Register of Legislation or State Parliament websites.
Pay Attention to Definitions
Most titles, articles, chapters, or sections will have a definition section, which is crucial for understanding the legislation. Terms used in legislation often have specific and technical definitions that differ from everyday usage, so it is important to always start by understanding these definitions. Additionally, be mindful that a term may be used differently in various titles.
Understand Operative Words
Operative words in a statute tell you what you can or cannot do. For example, whether the law says you "may" or "shall" do something makes a significant difference. "Shall" often indicates a duty or obligation, while "may" is permissive.
Be Aware of Hierarchy and Cross-References
Remember that state code is part of a larger hierarchy and may be superseded by federal law. Always check for cross-references within the bill, which can be referred to by verbal descriptions or direct numerical references. Provisions from earlier in the code may also bind the section you are examining, and exceptions, conditions, and limitations on authority may appear later in the chapter.
By following these tips and familiarizing yourself with the structure and language of legislation and code, you can improve your understanding and interpretation skills.
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How to find laws, acts, or statutes
To find laws, acts, or statutes, there are several places you can look. At the end of each session of Congress, public laws are published in annual volumes called the United States Statutes at Large, which are published by the Government Publishing Office. These can be found at large public libraries or federal depository libraries. Over 1,100 libraries participate in the Federal Depository Library Program (FDLP), collecting and/or providing public access to government documents.
A more timely resource for finding the text of laws as originally passed by Congress is U.S. Code Congressional and Administrative News (U.S.C.C.A.N.), which is a commercial publication. Like the Statutes at Large, U.S.C.C.A.N. may be available at large public libraries or federal depository libraries.
To find the pertinent bill numbers for public laws from 1904 to the present, look at the first page of the public law as it is printed in the United States Statutes at Large. To the immediate left or right (depending on whether the public law starts on an even or odd page) of the first section of the public law, there will be information about both the bill number and date of enactment.
The first step in tracing a piece of legislation is to look at the United States Code ("U.S. Code") section of interest in a print or online resource. Any given provision in the current U.S. Code may be the product of multiple acts passed over a long period of time. So, to unpack the provision and discover the different acts that gave rise to a particular section of the Code, you can trace legislation from the Code back to the bills, public laws, and Statutes at Large that created it.
When reading legislation, it is important to understand basic statutory organization. Most bills and statutes follow a similar format: definitions, applicability, authority and administrative provisions, substantive body (including imposition of rights or duties), procedure, enforcement, sunset or effective dates, and any miscellaneous provisions. Definitions are particularly important, as terms in legislation and statute have specific and technical definitions that often differ from how you would use the word in everyday conversation. Most titles, articles, chapters, or sections will have a definition section, and this should always be where you start when reading a bill or statute. When searching the code for applicable sections, broaden your search terms beyond the obvious. For example, if you are searching for statutes governing school bus drivers, you may have to search for "chauffer" instead. Also, keep in mind that a term in one title may be used differently in another title.
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How to read a law school casebook
Reading a law school casebook can be a challenging task, but with practice and the right strategies, it can become more manageable. Here are some tips to help you tackle this task effectively:
Understand the Purpose of Reading
Before diving into the casebook, take the time to review the table of contents or your professor's syllabus. This will help you grasp the context and identify why you are reading each case. Understanding the purpose of your assigned cases is crucial, as it will guide your focus and help you connect the dots between different cases and the broader legal framework.
Develop Speed-Reading Skills
Law school cases can be lengthy, and you will likely have many of them to get through. Learning to speed-read can be a valuable skill, enabling you to cover more content in less time. Pre-reading a case in just two to three minutes can give you a good overview and context, making the subsequent detailed reading faster and easier. Remember, the goal is not to read every single word but to train your eyes to scan sentences quickly and grasp the key information.
Identify the Relevant Sections
Casebooks often include background information, prologues, and epilogues that provide context but may not be directly relevant to your analysis. Learn to identify the crucial sections of a case, such as the issue, reasoning, analysis, and conclusion (often referred to as IRAC). By focusing on these sections, you can streamline your reading and note-taking process.
Understand the Structure of Cases
Cases are typically written by lawyers for lawyers, so they contain technical legal jargon and a structure that may initially seem foreign to you. Judges often discuss the historical basis of rules and trace their development, which can be helpful context but may also lead to repetition across cases. Recognize that you can sometimes skip these sections, especially if you have already encountered similar discussions in previous cases.
Discuss with Others
If you encounter unstated assumptions or confusing aspects in a case, don't panic. Discuss the material with your classmates, upper-year students, or even the instructor. Collaborative discussions can often shed light on crucial details or connections that you might have missed when reading on your own.
Remember, reading law school casebooks is a skill that develops over time. Don't be discouraged if it feels challenging at first—practice reading, stay focused on the bigger picture, and gradually, you will improve your comprehension and efficiency in reading legal cases.
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Apprenticeship as a route to the legal profession
Apprenticeships are an increasingly popular route into the legal profession. They offer an alternative to the university route, which can be costly, with the average undergraduate degree costing around £60k. Law apprenticeships are aimed at improving social mobility and diversity within the profession, providing an opportunity for those who may not have been able to afford to go to university.
A law apprenticeship combines paid work and training at a law firm with part-time study for professional qualifications. Apprentices are entitled to the national minimum wage, but many employers will offer a more competitive salary. Some apprenticeships take 18 months to complete, while the more advanced levels provide training over five or six years, which is similar to the time it would take to qualify through university. Apprenticeships can lead to careers as solicitors, chartered legal executives, paralegals, or legal administrators.
Aspiring lawyers can start as paralegal apprentices before progressing to a solicitor apprenticeship. Law apprenticeships can also help individuals gain transferrable professional skills, such as oral and written communication, collaboration, research, direction following, and organisational skills. They also provide an opportunity to network with law experts, which can be beneficial for future job prospects.
In the US, four states (Vermont, California, Virginia, and Washington) allow people to become lawyers by "reading the law", meaning they have worked and studied under a lawyer or judge for a certain amount of time. In New York, Wyoming, and Maine, aspiring lawyers can qualify through a combination of law school and a legal apprenticeship.
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Frequently asked questions
Reading law is a term used to describe the primary method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the tutelage or mentoring of an experienced lawyer.
Yes, although it is uncommon. A few U.S. states, including California, Vermont, and Washington, still permit people to become lawyers by reading law instead of attending some or all of law school. In these states, an applicant who has not attended law school may take the bar exam after reading law under a judge or practicing attorney for a period of four years.
Here are some tips for reading legislation and code:
- Understand basic statutory organization, including the definitions of terms, which often differ from their everyday usage.
- Learn how the code is organized in the state you are practicing in and how new language is indicated.
- Be mindful of what is not law, such as "proposed" or "concept" drafts, which are non-statutory summaries of bills.
- Pay attention to punctuation and grammar, as even details like Oxford commas and semicolons can have substantive legal purposes.
