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Verse 52. "Woe unto you, lawyers! for ye have taken away the key of
knowledge: ye entered not in yourselves, and them that were
entering in ye hindered."
The line between the judicial and advisory functions of the Hebrew
Scribes was not closely or clearly drawn. They were evidently supposed
to occupy a disinterested position toward those who consulted them and
to be in a sense the associates of the judges. Since the motive which
prompted their study of particular cases was supposed to be only that of
vindicators of general justice, the rules which nominally guided their
action, as announced by the lawgivers, required that their services
should always be gratuitous. But quite naturally their consultation with
private litigants prompted such litigants to influence their view of the
law, and command their skill in debate. And so to evade the rule which
prevented remuneration they established the custom of giving presents in
advance. These presents given in advance to secure the kindly favor of
the Scribes are interesting as the precursors of that institution dear
to every English barrister, and not unknown--nor even objectionable--to
American lawyers, to wit, the Retainer.
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