by Daydreamer on June 28th, 2005

Daydreamer

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When and where did people first start hiring lawyers and suing each other?

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  • by LaserFalson on January 19th, 2006

    LaserFalson

    The ancient Greeks had lawyers that would be very familiar to our modern concepts of lawyers and lawsuits. In "Lysias' Orations" there are many examples of defendants and prosecutors. Should one be "taken to court" you could defend yourself or hire an orator to represent you. These orators would get up and speak on your behalf while the prosecution could do likewise. The proceedings were kept from getting out of hand in terms of time by water clocks. In this way each side couldn't talk for too long, but also they were guaranteed an equal amount of oration time. The really good orators were often highly requested and required a large amount of payment for their services. Also, one could have an orator write a defense for them that they themselves would deliver.

    Here is the opening paragraph of Lysias' most famous surviving oration "On the Murder of Eratosthenes." It is in the first person as if he is the defendent, but he is in fact speaking for his client.

    "I should be only too pleased, sirs, to have you so disposed towards me in judging this case as you would be to yourselves, if you found yourselves in my plight. For I am sure that, if you had the same feelings about others as about yourselves, not one of you but would be indignant at what has been done; you would all regard the penalties appointed for those who resort to such practices as too mild. And these feelings would be found, not only among you, but in the whole of Greece: for in the case of this crime alone, under both democracy and oligarchy, the same requital is accorded to the weakest against the strongest, so that the lowest gets the same treatment as the highest. Thus you see, sirs, how all men abominate this outrage. "
    -Perseus Digital Library

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