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

English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...

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'' 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 jurisdi ...

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

barristers A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...

, but might be licensed to practise under the 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 Common Law Procedure Acts of 1852 and 1854 doomed the profession by simplifying pleadings. Their numbers accordingly quickly declined, from 74 in 1850 to 19 in 1860. A few lingered into the beginning of the 20th century. 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