Raising the Bar – Inns of Court – from England to the U.S.

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Shrouded in the mystery of medieval times and woven into the fabric of the common law are the English Inns of Court. These Inns serve as they have since at least the 14th century, as small, local universities of law. They also happen to be among the British legal profession’s finest exports to the states.

Today the Inns of Court model is alive and well on both sides of the Atlantic, but especially in England, where it is central to professional life.

There are four Inns in England: Grey’s Inn, The Inner Temple, Lincoln’s Inn and Middle Temple. They have the exclusive right to admit the degree of Barrister at Law, which enables those “called to the bar” to practice as courtroom advocates. (The role of barristers is distinct from that of solicitors, who are transactional lawyers.)

Indeed, even to become a barrister, a law student must dine and participate in activities at his or her Inn’s Great Hall. This is no chore, for the Great Halls are lively focal points of professional and social activity for British barristers and have hosted over the centuries countless dinners, debates and discussion of law. Practicing barristers, too, are required to maintain an affiliation with their Inn and attend its continuing education programs.Mentoring role

Supreme Court Chief Justice Warren E. Burger was impressed with the way Inns of Court fostered the mentoring of new lawyers while encouraging civility, professionalism and high ethical standards among barristers. In 1977, he sensibly suggested that the lawyers and judges of the United States import the concept of English Inns of Court.

Burger created in the early 1980s a committee to look into the idea, and thereafter was born a national organization now known as the American Inns of Court Foundation.

The foundation developed plans for clubs or Inns of Courts to be established throughout the country by local bar groups. There are now 300 Inns of Courts flourishing in the United States.

The Inns, operating under the auspices of the foundation, have charters and bylaws that govern their operations, membership and programming. Each Inn is a member of the foundation, pays dues and sends representatives to foundation meetings.

The Inns are usually composed of about 60 members, who are divided into categories: Senior members of the bar are known as masters of the bench; intermediate members are called “barristers”; and younger lawyers are known as associate members. The Inns are led by a judge, who is president, and a practicing lawyer, known as Councilor of the Inn.

In Maryland, we have five Inns:

• Honorable James MacGill American Inn of Court in Howard County;

• J. Dudley Diggs American Inn of Court in Baltimore City;

• Marlborough American Inn of Court in Prince George’s County;

• Montgomery County American Inn of Court; and

• William Paca-Margaret Brent American Inn of Court, which meets in Annapolis.

Most familiar with the J. Dudley Diggs American Inn of Court, I can shed some light on its activities and history. At least 15 years old, the Inn takes its name from Judge J. Dudley Diggs, the distinguished Maryland jurist who served on the Court of Appeals of Maryland from 1969 to 1982. Some of Maryland’s finest advocates have been affiliated with the Inn. State and federal judges participate as do law professors and, on occasion, law students.

Members meet monthly at the Hopkins Club to enjoy a social hour, dinner and a program. One of the unique features of the Inns of Court in the United States is that the programs rarely involve one person presenting a paper. This does happen sometimes, though, when an especially distinguished member presents, such as when Court of Special Appeals Chief Judge Joseph F. Murphy Jr. educated the group on evidence. In most instances, young and older members collaborate on presentations.

Over the years, the J. Dudley Diggs American Inn of Court has heard programs on ethical considerations in settlement discussions, oral argument in the appellate courts; race and sexual bias in the courts; how to deal with difficult lawyers; and a host of other subjects.

These monthly dinners and casual seminars are great opportunities for attorneys to learn and grow, especially for younger members of the bar. Imagine: 300 clubs across the country taking their cue from an age-old (and ever vital) English idea. If you think you would like to join an Inn, feel free to contact me, and I can put you in touch with a representative who can let you know about membership policies in your community.

Trial lawyer and author Paul Mark Sandler is a partner with Shapiro Sher Guinot & Sandler in Baltimore. His column appears each Friday in The Daily Record.