11. No definite qualifications are required by law or usage for practising in the magistrates' courts, accordingly, there are many persons who plead causes here, who do not properly belong to the profession of law; these are called pettifoggers, and the practice itself, by whomsoever performed, is called pettifogging. Lawyers of inferior abilities and acquirements are, also, frequently termed pettifoggers.
12. In all the states, a class of county courts is established, denominated Courts of Common Pleas, County Courts, District or Circuit Courts, which have original jurisdiction of civil actions at law, or indictments for crimes. Over these are established the Superior or Supreme Courts, or Courts of Error and Appeal, to which appeals are admitted from the inferior courts.
13. Civil cases are frequently decided on principles of equity; and, in some states, courts of chancery are established for this purpose. But, in most of the states, there are no decisions of this kind; or the same courts act as courts of law and equity, as is the case with the courts of the United States.
14. There are several other courts that might be mentioned; but enough has been said of these institutions, to give an idea of the extensive range of the profession of the law. It may be well to remark here, that few lawyers aspire to the privilege of practising in the supreme courts; since, to be successful there it would require not only great abilities, but more extensive reading than the profession generally are willing to encounter.
15. When a client has stated his case in detail to his attorney, it is the province of the latter to decide upon the course most proper to be pursued in regard to it. If the client is the plaintiff, and litigation is determined upon, the attorney decides upon the court in which the case should be brought forward, and also upon the manner in which it should be conducted.
16. The suit having been brought, say into the County Court, it is tried according to law. If it involves facts or damages, it is canvassed before a jury of twelve men, who are bound by oath or affirmation to bring in their verdict according to the evidence presented by both parties. It is the business of the lawyers, each for his own client, to sum up the evidence which may have been adduced, and to present the whole in a light as favorable to his own side of the question as possible.
17. When the case involves points of law which must needs be understood by the jury, to enable them to make a correct decision, the advocates of the parties present their views with regard to them; but, if these happen to be wrong, the judge, in his charge to the jury, rectifies the mistake or misrepresentation. The case having been decided, each party is bound to submit to the decision, or appeal, if permitted by law, to a higher tribunal.
18. Causes to be determined on legal principles only, are brought before the judge or judges for adjudication. In such cases, the advocates present the statute or common law supposed to be applicable, and then reports of similar cases, which may have been formerly decided in the same or similar courts. These reports are the exponents of the common law of the case, and are supposed, in most instances, to furnish data for correct decisions.
10. Besides the management of causes in public courts, the lawyer has a great mass of business of a private nature; such as drawing wills, indentures, deeds, and mortgages. He is consulted in a great variety of cases of a legal nature, where litigation is not immediately concerned, and especially in regard to the validity of titles to real estate; and the many impositions to which the community is liable from defective titles, render the information which he is able to afford on this subject, extremely valuable.
20. In the preceding account of this profession, it is easy to perceive that it is one of great utility and responsibility. It is to the attorney, that the oppressed repair for redress against the oppressor; and to him, the orphan and friendless look, to aid them in obtaining or maintaining their rights. To this profession, also, as much as to any other, the American people may confidently look for the maintenance of correct political principles.