Key Takeaways

  • The legal profession has ancient roots, with early forms appearing in Mesopotamia, Greece, and Rome.
  • Formal legal representation became more regulated during the Roman Empire and the Middle Ages.
  • The modern lawyer emerged with legal training, bar associations, and professional standards during the 18th and 19th centuries.
  • Common law and civil law traditions shaped how lawyers evolved in different parts of the world.
  • The question "when did lawyers become a thing" is best answered by tracing these global and historical developments, from ancient scribes to modern legal practitioners.The following is excerpted from "Some Lawyers Are People Too!" by Hugh L. Dewey, Esq. (2009). Bolding has been added by LectLaw. Minor changes have been made for grammatical correctness.

The Dawn of the Lawyer-Human Relationship

From the earliest epochs of human evolution, lawyers and humans have shared a peculiar, symbiotic bond. Legal anthropologists believe that lawyers emerged not long after humans began to form societies, although the proverbial “first lawyer” remains undiscovered. There are no prehistoric briefs or pleadings left behind, but some researchers suggest the proto-lawyer roamed the earth over five million years ago.

Early hypotheses, like that of Charles Darwin, Esquire, speculated that entire tribes of lawyers once thrived. However, no hard evidence supported this theory. In one infamous incident, a fabricated fossil combining a lawyer’s jaw and a gorilla’s skull—dubbed the Piltdown Lawyer—set legal anthropology back half a century.

Fossil Evidence and Prehistoric Legal Tools

The first semi-credible discovery occurred at Olduvai Gorge in Tanzania, where Dr. Margaret Leakey unearthed fragmented legal artifacts dating back 1 to 1.5 million years. Though no full case files were intact, the evidence hinted at a primitive fraud trial concerning bipedal liability. This coincided with the extinction of Australopithecus and the emergence of Homo Erectus.

From 250,000 to 1,000,000 years ago, more fragments of “legal tools” surfaced—suggesting that early humans may have already been resolving disputes, or at least billing one another for trying.

Neanderthal v. Cro-Magnon: The First Landmark Case

One of the earliest complete legal sites, dated to about 150,000 years ago, revealed pictographic stone briefs involving a land boundary dispute between Neanderthals and Cro-Magnons. The ruling favored the Cro-Magnons, leading to their legal dominance and, ultimately, the Neanderthals’ disappearance. Some argue this marked the first recorded case of “litigate and obliterate.”

The Rise of Legal Settlements in Early Civilization

Until about 10,000 years ago, lawyers remained nomadic, traveling tribe to tribe in search of clients. The development of agriculture and cities—particularly in the Ur Valley—ushered in permanent settlements and the invention of writing. This allowed lawyers to abandon oral billing (which was unreliable, given short life expectancies and harsh penalties) and shift to written invoices, which could be enforced long after a client’s death.

The Rosetta Stone Contract and the Pharaoh’s Crackdown

In the late 19th century, legal anthropologists cracked ancient legal hieroglyphics when they translated the Rosetta Stone Contract. The agreement, which involved the sale of the Sphinx in exchange for laborers, goats, and dates, triggered a national crackdown on lawyers by the Pharaoh. Many lawyers were exiled or eliminated, wandering the desert in search of new jurisdictions.

Greece, Rome, and the Legal Renaissance

Lawyers reemerged in classical Greece and Rome. They flourished, taking on everything from mundane goat contract disputes to high-profile product liability cases like Estate of Socrates v. Hemlock Wine Co. Roman legal systems formalized representation, and figures like Hammurabi helped institutionalize codes of law that dramatically expanded the legal profession.

Legal Specialization and Double Billing

The rise of algebra enabled complex billing practices. Pythagoras, revered for proving the viability of double billing, helped establish lawyers as political elites. But not everyone appreciated their math. Julius Caesar was famously murdered—by clients—for his controversial February invoices.

Legal specialization exploded: sports lawyers advised gladiators, admiralty lawyers drafted Coliseum battle contracts, and Pro Bono lawyers (Latin for "can’t get a real job") lost countless cases representing Christians.

The Fall of Rome and Legal Decline

At its peak, Rome was nearly half-lawyer. Intermarriage diluted legal acumen, leading to malpractice and, eventually, the invention of accountants. Invasion by barbarian lawyers, armed with brutal negotiation tactics, led to Rome’s collapse and ushered in the Dark Ages for law.

The Dark Ages and Legal Hiatus

During the Dark Ages, lawyers lost many essential skills, including double billing, the 30-hour workday, and the conference stone. Society turned to magicians and witches for legal counsel, as they were cheaper and easier to understand.

A Legal Reawakening in Medieval England

Lawyers made a comeback in 1078 when Norman legal scholars exploited Welsh legal loopholes to help William the Conqueror claim Britain. Lawyers regained status and influence, eventually convincing monarchs across Europe to launch the “Bill Crusades”—military campaigns in pursuit of unpaid invoices.

Legal Latin and Blackstone’s Linguistic Revolution

In the 17th century, Blackstone the Magician discovered lost Roman legal texts. This allowed lawyers to revert to Latin, making their work incomprehensible to non-lawyers and protecting their professional monopoly. His favorite phrase, “Res ipsa loquitur” (“my bill speaks for itself”), lives on in courtrooms today.

Famous Medieval Lawyers and Cases

Lawyers like Genghis Kahn, Esq. (of Hun & Kahn LLP), and Vlad Dracul, Esq., revolutionized legal practices across Asia and Eastern Europe. Leonardo da Vinci, Esq., successfully defended himself in a product liability case over the Mona Lisa’s missing eyebrows, and Columbus, Esq., used cultural legal gaps to secure vast New World real estate.

From Colonies to Courtrooms: The American Legal Surge

England’s export of criminals—and lawyers—to America backfired when colonial legal minds helped win independence in King George III v. 100 Bags of Tea. This spawned the motto “All lawyers are created equal,” and launched the American legal industry.

Law School and Modern Legal Education

With rising interest in the legal field, elite practitioners pushed for regulation. Harvard Law School, founded in 1812, became the model institution, pioneering the Socratic method and billing students instead of being billed by them.

Core courses included:

  • Jurisprudence: Legal billing history and tactics
  • Torts: Personal injury law and contingency billing
  • Contracts: Suing despite agreements
  • Civil Procedure: Arcane court rules
  • Criminal Law: Self-explanatory

The Modern Legal Landscape

Despite years of educational hurdles and licensing exams, lawyers continue to multiply. With over 750,000 lawyers in the U.S., legal influence touches every part of life. Even Dan Quayle once said there were too many lawyers—an opinion likely drafted by a lawyer.

Today, “when did lawyers become a thing” is best answered with: always—just in different robes.

Modern Law Practice and Global Evolution

Today, the legal profession spans multiple systems: civil law (common in Europe and Latin America) and common law (used in the U.S., U.K., and Commonwealth nations). Each system has distinct requirements for becoming a lawyer, but both uphold rigorous standards of ethics, advocacy, and specialization.

The expansion of human rights, international law, and technological advancements continue to evolve the role of lawyers. From ancient scribes to modern-day attorneys, the legal profession has remained vital in maintaining justice and protecting rights, showing that “lawyers became a thing” as soon as societies needed formal ways to resolve disputes.

Enlightenment, Legal Education, and Professionalization

The 17th and 18th centuries saw the rise of legal formalism. Legal theorists like Blackstone codified English common law into written form, influencing legal systems in the U.S. and other former British colonies. During this period, legal education became standardized, and bar associations began to emerge.

In the U.S., Harvard Law School established in 1817 became a model for legal training. Courts required bar admission and licensing to practice law, gradually phasing out the informal practice of "reading the law" under a practicing attorney. These milestones collectively signify the transition of law into a structured, licensed profession.

The Middle Ages and Church Influence

After the fall of Rome, legal systems in Europe splintered. The Catholic Church preserved aspects of Roman law through canon law. Legal practice was primarily conducted by clergy and scholars, especially at ecclesiastical courts. These individuals received formal education and training in law, often from universities such as Bologna, which offered one of the first formal legal education programs in the 11th century.

England, meanwhile, began developing its own common law system under King Henry II. By the 13th century, common law courts were staffed by trained legal professionals. The English legal profession would eventually split into barristers and solicitors, a distinction still present today.

Roman Law and the Rise of Legal Professionals

It was during the Roman Republic and Empire that the profession of law truly began to formalize. Jurists, known as juris consulti, provided expert legal opinions, while advocati spoke in court on behalf of clients. The Roman legal system distinguished between legal scholars and courtroom advocates, laying the groundwork for modern legal roles.

Roman law even allowed trained individuals to argue cases for others, a practice increasingly regulated by Emperor Claudius, who legalized legal fees and set professional standards for representation. These developments mark one of the clearest answers to “when did lawyers become a thing.”

Ancient Beginnings of Legal Advocacy

The earliest indications of legal advocacy date back to ancient Mesopotamia, where scribes helped individuals navigate the Code of Ur-Nammu and later Hammurabi’s Code—among the first written legal systems. While these scribes weren't "lawyers" in the modern sense, they played a legal advisory role.

In ancient Egypt and Babylon, appointed officials also handled legal disputes. Over time, in Greece, the oratorical tradition developed, where individuals often argued their own cases with help from trained speechwriters known as logographers. These figures were arguably proto-lawyers, assisting others in persuasive legal arguments.

Frequently Asked Questions

1. When did lawyers become a thing historically? Lawyers began to appear in formalized roles during the Roman Republic, though earlier forms of legal representation existed in Mesopotamia and Greece.

2. Were there lawyers in ancient Egypt or Babylon? Not in the modern sense, but scribes and officials often helped interpret laws and resolve disputes, functioning similarly to legal advisors.

3. How did the legal profession change in the Middle Ages? Legal knowledge was preserved by the Church, and universities began offering formal legal education. England’s common law system also emerged during this period.

4. What was the first law school? The University of Bologna, founded in 1088, is widely recognized as the first law school and a foundation of modern legal education.

5. How did lawyers become licensed professionals? Starting in the 18th and 19th centuries, formal legal training, bar exams, and licensing became standard, particularly with institutions like Harvard Law leading the way.

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