

rk at first, legal practitioners were full-time businessmen and merchants, with no legal training, who had watched a few court proceedings. They mostly used their own common sense together with snippets they had picked up about English law. Court proceedings were quite informal, for the judges had no more training than the attorneys. By the 1760s, the situation had dramatically changed. Lawyers were essential to the rapidly growing international trade, dealing with questions of partnerships, contracts, and insurance. The sums of money involved were large, and hiring an incompetent lawyer was a very expensive proposition. Lawyers were now professionally trained, and conversant in an extremely complex language that combined highly specific legal terms and motions with a dose of Latin. Court proceedings became a baffling mystery to the ordinary layman. Lawyers became more specialized and built their reputation, and their fee schedule, on the basis of their reputation for success. But as their status, wealth and power rose, animosity grew even faster. By the 1750s and 1760s, there was a widespread attack ridiculing and demeaning the lawyers as pettifoggers (lawyers lacking sound legal skills). Their image and influence declined. The lawyers organized a bar association, but it fell apart in 1768 during the bitter political dispute between the factions based in the Delancey and Livingston families. A large fraction of the prominent lawyers were Loyalists; their clientele was often to royal authority or British merchants and financiers. They were not allowed to practice law unless they took a loyalty oath to the new United States of America. Many went to Britain or Canada (primarily to New Brunswick and Nova Scotia) after losing the war. For the next century, various attempts were made, and failed, to build an effective organization of lawyers. Finally a Bar Association emerged in 1869 that proved successful and continues to oper
