A special pleader was a historical legal occupation. The practitioner, or "special pleader" in

English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, b ...

specialised in drafting "pleadings", in modern terminology statements of case.

History

Up to the 19th century, there were many rules, technicalities and difficulties in drafting pleadings and claims and defences could be dismissed for trivial errors. As an extreme instance, a learned judge in the 19th century challenged a pleading for putting the year without adding A.D., on the ground that "''

non constat Non, non or NON can refer to: * ''Non'', a negatory word in French, Italian and Latin People *Non (given name) *Non Boonjumnong (born 1982), Thai amateur boxer * Rena Nōnen (born 1993), Japanese actress who uses the stage name "Non" since July ...

'' that A.D. might not be intended". Some practitioners made it their business to frame pleadings, rather than to appear in court or to write

legal opinion In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. Opinions are in those jurisdic ...

s, and were called special pleaders. They were not necessarily

barristers A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and givin ...

, but might be licensed to practise under the

bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar ( ...

. At one time it was usual to practise for a time as a special pleader before being

called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...

. The system had largely fallen into disuse as a speciality by the beginning of the 20th century, although it continues to exist in India.

History

Notes

References

Further reading