Roman Law and the Legal World of the Romans

The Legal Professions

work for a fee. In fact, during many periods it was illegal to pay one’s advocate, though the restriction was easily and com monly evaded.

Some Complications

What I have just described is the traditional picture. While it seems to be true in general terms, the situation was prob ably also a little messier. To illustrate this, it will be necessary to trace the history of both “professions” over time. However, before discussing these, I need to say a few words about the general nature of professionalism in the Roman world. First, it is important to note that Rome was not very bureaucratized in this respect (as in others). That is, there were no government agencies or semiprivate institutions (like, say, bar associations in law or accrediting associations in higher education) to certify who was a legitimate member of any profession, at least until the very late years of the empire (see the next chapter), and even then it was rare. Second, work in the area of the law was generally reserved for members of the political, social, and eco nomic elite. It was customary within this group to spread the idea that personal character was more important than expertise in any specific area. So, for instance, jobs within the govern ment were largely assigned by seniority and by lot rather than by any demonstrable competence. Famously, Servius Sulpicius Rufus, the most distinguished legal expert of his day, was prae tor in 65 bc but was not put in charge of the civil courts (as

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