with his advisers and delivered Robbins to the British authorities. Adams’s decision was extremely unpopular with the public, and his actions may have contributed to the defeat of his party in the subsequent presidential election. In 1803 Lee represented William Marbury against President Thomas Jefferson’s secretary of state, JAMES MADISON (MARBURY V. MADISON, 5 U.S. (1 Cranch) 137, 2 L. Ed. 60 [1803]). Marbury was appointed by Adams, Jefferson’s predeces- sor, as a JUSTICE OF THE PEACE, but owing to the rush and confusion surrounding the eleventh- hour appointment, Marbury’s commission had not been delivered. When Jefferson ordered Madison to withhold delivery of the commis- sion, Marbury filed suit. Lee lost the case when the Supreme Court ruled that the act of Congress under which Marbury had been issued his commission was unconstitutional. Signifi- cantly, Marbury established the federal judiciary as the supreme authority in determining the constitutionality of law. Four years later, Lee was more successful in his defense of statesman and former vice president AARON BURR, w ho was tried and acquitted on charges of treason (a violation of the allegiance one owes to one’s sovereign or to the state) (United States v. Burr, 25 F. Cas. 2 [1807]). In 1806 Burr had traveled west to promote settlement of land in the Louisiana Territory. His intentions were suspect, and he soon found himself accused of treason for planning to initiate a separation of the western territories from the United States. Lee had been a longtime Burr supporter, and he took the case, winning an acquittal. Lee died June 24, 1815, in Fauquier County near Warrenton, Virginia. FURTHER READINGS Baker, Nancy V. 1992. Conflicting Loyalties: Law and Politics in the Attorney General’s Office, 1789–1990. Lawrence: Univ. Press of Kansas. Elkins, Stanley, and Eric McKitrick. 1995. The Age of Federalism: The Early American Republic, 1788–1800. New York: Oxford Univ. Press. Nagel, Paul C. 1992. The Lees of Virginia: Seven Generations of an American Family. New York: Oxford Univ. Press. Wilson, James Grant, and John Fiske, eds. 1887. Appleton’s Cyclopaedia of American Biography. Vol. 3. New York: Appleton. CROSS REFERENCES Electoral College; Judicial Review. LEE V. WEISMAN Lee v. Weisman, 505 U.S. 577 (1992), repre- sented a major political blow for proponents of prayer in the public schools. The decision came as something of a surprise to many legal and political analysts, but was in keeping with precedents establishe d by the Court in similar cases. In Engel v. Vitale (1962), the Court barred prayer in the public schools as an unhealthy union of church and state. This position was affirmed and expanded in Abing- ton School District v. Schempp (1963), in which the Court ruled that school-sponsored devo- tional activities and Bible readings were uncon- stitutional under the Establishment Clause. The Court has continued to adhere to a rigorous interpretation of the Establishment Clause in cases including Board of Education of Kiryas Joel v. Grumet (1994), where the Court found that the creation of a special school district to accommodate the needs of a community comprising entirely of Hasidic Jews was uncon- stitutional under the Establishment Clause. Significantly, the Court also refused a direct request from the administration of President GEORGE H.W . BUSH to review the test for violation of the Establishment Clause developed in Lemon v. Kurtzman (1971). Amid what many people saw as increasing social disorder and lawlessness in the 1980s, a strong political movement emerged favoring a more prominent role for RELIGION within the public schools of the United States. This movement particularly emphasized the sup- posed benefits of prayer in the public schools, believing that a renewed emphasis on religious teachings in a school setting would lessen the perceived waywardness of youth. By the same token, many people feared that the introduction of religion into the public schools would constitute a dangerous abridgement of the Establishment Clause of the U.S. CONSTITUTION, which many interpret as calling for the complete separation of church and state. Throughout the decade of the 1980s, conserva- tive presidents RONALD REAGAN and George H. W. Bush appointed new members to the Supreme Court, including SANDRA DAY O’CONNOR, ANTONIN SCALIA , DAVID H. SOUTER, and CLARENCE THOMAS, who many hoped would vote to reverse earlier Court rulings barring the introduction of religious teachings or practices into the public schools. A challenge to legal precedent was eagerly awaited by proponents of sch ool prayer. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 258 LEE V. WEISMAN For many years it was customary for the principals of middle and high schools in Providence, Rhode Island, to invite religious leaders to give nonsectarian prayers as invoca- tions and benedictions at school-sponsored graduation ceremonies. The school system had, in fact, prepared guidelines for clergy delivering such prayers, to insure that the prayers would not include any direct references to specific deities or saints. Despite this effort of the schools to make the prayers innocuous and all-inclusive, a middle school student, Deborah Weisman, and her fath er, Daniel, objected to the use of any prayer at her June 29, 1989, graduation ceremony. Four days prior to the ceremony, the Weismans sought a temporary restraining order from the U.S. district court for the District of Rhode Island to prohibit the use of prayer at Deborah’s graduation. This motion was denied due to a lack of time to fully consider the case, and the graduation ceremony was conducted as planned. Daniel Weisman then filed for a permanent injunction against the use of prayers at future graduation ceremo- nies from the district court. The district court held that the use of prayer at public school graduation ceremonies did constitute a violation of the Establishment Clause. To reach its VERDICT, the district court applied the three-pronged test for establishing infringement of the Establishment Clause de- vised in Lemon v. Kurtzman. The so-called Lemon Test directed that any state-sponsored program, in order to adhere to the Establish- ment Clause, must: reflect a clearly secular purpose; have a primary effect that neither advances nor inhibits religion; and avoid exces- sive government entanglement with religion. The district court did not comment on the first or third stipulations of the Lemon Test, but noted that the use of prayer at official public school functions violated the second clause, in that by having prayer of any kind at a state function, the idea of religion in general was advanced. Robert E. Lee, principal of the Nathan Bishop Middle School of Providence, Rhode Island, and representing the petitioners, appealed the case to the U.S. Court of Appeals for the First Circuit. The court of appeals upheld the RULING of the district court, and expanded its scope by stating that the practice of using prayer at official school functions in fact violated all three prongs of the Lemon Test. The petitioners then appealed the case to the Supreme Court, which heard arguments on November 6, 1991. In its argument before the Supreme Court, the petitioners maintained that prayer represents an appropriate and effective means to enable students and parents to seek spiritual guidance at important events such as school graduations. The Court was unmoved by either this logic or the prevailing conservative political climate, howev- er, and upheld the ruling of the appeals court by a5–4 vote. Justice ANTHONY M. KENNEDY, writing for the majority, made a distinction between this case and Marsh v. Chambers, when the Court had ruled that the use of a prayer to open a state legislature’s session did not constitute a violation of the Establishment Clause. Kennedy main- tained that the opening of a legislature, compris- ing entirely adults who are there of their own free will cannot be realistically compared to a school graduation, where numerous peer, parental, and social pressures for attendants exist. The Court also noted that school children are particularly susceptible to coercion through the schools, and as such the behavior of schools with regard to the Establishment Clause must be able to withstand especially careful scrutiny. Justices Blackmun, O’Connor, and JOHN PAUL STEVENS concurred, adding that the Lemon Test was applicable and represented a straight- forward means of assessing compliance with the Establishment Clause. Justices O’Connor, Sou- ter, and John Paul Stevens. also wrote separately to maintain that the Establishment Clause should not only be construed as prohibiting the government from favoring one religion over another, but also as barring government support for religion as opposed to nonreligion. Justices WILLIAM H. REHNQUIST, Clarence Thomas, and BYRON R. WHITE, in dissenting from the majority, noted the pervasive tradition of using prayers as invocations and benedictions at a number of nonreligious events, viewing such prayers as being essentially nonreligious in intent when used in this manner. FURTHER READINGS Biskupic, Joan, ed.1992. Supreme Court Yearbook 1991–1992. Washington, D.C.: Congressional Quarterly. Lawton, Kim A. 1993. “Do Students Have a Prayer?” Christianity Today (June 21). Lehman, Devon M. 2001. “The Godless Graduation Ceremony? The State of Student-Initiated Graduation Prayer after Lee v. Weisman and Santa Fe Independent School District v. Doe.” Univ. of Colorado Law Review 72 (winter). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEE V. WEISMAN 259 Pershing, Stephen B. 1995. “Graduation Prayer after Lee v. Weisman: A Cautionary Tale.” Mercer Law Review 46 (spring). CROSS REFERENCE Religion. LEGACY A disposition of personal property by will. In a narrow technical sense, a legacy is distinguishable from a devise, a gift by will of real property. This distinction, however, will not be permitted to defeat the intent of a testator—one who makes a will—and these terms can be applied interchangeably to either personal property or real property if the context of the will demonstrates that this was the intention of the testator. A GENERAL LEGACY,aDEMONSTRATIVE LEGACY, and a specific legacy represent the three primary types of legacies. LEGAL Conforming to the law; required or permitted by law; not forbidden by law. The term legal is often used by the courts in reference to an inference of the law formulated as a matter of construction, rather than established by actual proof, such as legal malice. LEGAL ADVERTISING Legal advertising is any advertising an attorney purchases or places in publications, outdoor installations, radio, television, or any other written or recorded media. The pros and cons of legal advertising continue in the early 2000s to be widely discussed as the amount and variety of adver- tising continues to increase each year. On the positive side, legal advertising makes the public aware of current legal issues and lets people know that there are lawyers willing to assist them. Legal advertising also serves the practical purpose of informing people about the times when it may be necessary to consult a lawyer. On the negative side, legal advertising can be manipulated into something that is more slick than informative. Guidelines and legislation have targeted that type of advertising. The roots of legal advertising can be traced to England’s legal system. However, current standards are based on Canon 27 of the AMERICAN BAR ASSOCIATION (ABA) Canons of Professional Ethics. Originally written in 1908, these guidelines were established to act as model rules for both state and local bar associations. Canon 27, w hich addressed legal advertising, stated, “[S]olicitation of business by circulars or advertisements, or by personal communica- tions, or interviews, not warranted by personal relations are unprofessional.” In 1937 this rule was modified to allow attorneys to publish listings in legal directories and other publica- tions that were solely for those in the legal community. The next year the ABA ruled that distinctive listings could also be placed in the white pages of public telephone directories. However, this RULING was overturned in 1951. In 1969 the ABA reclassified the canons and created the Model Code of PROFESSIONAL RESPON- SIBILITY . In 1983, in an effort to further codify standards of legal conduct, the ABA replaced the code with the Model Rules of Professional Conduct; Section 7 of the Model Rules deals specifically with lawyer advertising and solicita- tion. According to Section 7, advertisements must be truthful and not deceptive or mis- leading. The ABA has defined misleading advertisements as those that create unrealistic expectations of the lawyer’s ability; compare the lawyer’s service to the services of other lawyers, unless the facts can be substantiated; or contain any known MISREPRESENTATION. Acceptable con- tent includes the lawyer contact information, including address and phone number, type of services offered, bases of fees, available credit arrangements, foreign language ability, refer- ences, and client names (with their prior consent). Acceptable media include newspapers, television, radio, phone and legal directories, outdoor installations, and other written or recorded media. Lawyers are required to keep records listing the use and content of each advertisement, as a tool of enforcement. The ABA periodically amends the model rules to make adjustments for evolving norms and changes in technology. For example, in 1998 the ABA addressed the widespread use of the INTERNET by lawyers to advertise their businesses. According to the ABA Commission on Advertising , “The use of the Internet by legal service providers creates a wide range of ethical issues.” A set of specific guidelines set forth by the ABA limits the ability of lawyers to state or GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 260 LEGACY Should Legal Advertising Be Restricted? D espite a series of rulings by the U.S. Supreme Court that lawyers may advertise their services, the issue of legal advertising remains controversial. Proponents of advertising contend that it provides to consumers information about their legal rights and allows those in need of legal services a way to find an attorney. Opponents charge that adver- tising demeans the legal profession because promoting legal services through print or electronic media tells the public that lawyers are only out to make money. With the rise of the INTERNET, legal advertising has moved into a new medi- um, generating even more questions about the need for restrictions on adver- tisements. Opponents of legal advertising are primarily concerned with maintaining the law as a profession. As members of a profession, lawyers have pledged to serve the public interest. For much of U.S. history, lawyers have served as protectors of CIVIL RIGHTS and democratic institu- tions. Those who oppose legal advertis- ing argue that this historic role must be preserved in the face of advertising that is sometimes undignified and demeaning to the profession. State bar associations and state supreme courts have set standards for the ethical conduct of attorneys. Oppo- nents of advertising believe that the regulation of advertising properly falls within the jurisdiction of these institu- tions. Though many attorneys may object that regulation restricts their FIRST AMENDMENT right to freedom of expres- sion, the U.S. Supreme Court has never ruled that states are without power to police the legal profession. Opponents argue that even with the restrictions currently imposed, too many lawyers hurt the profession by produc- ing radio and television advertisements that create the perception that lawyers are ambulance chasers. If restrictions were loosened, this group contends, some lawyers would become even more aggressive in soliciting business. Public dissatisfaction with lawyers and the legal system, which has grown considerably since the 1970s, would continue to increase. Opponents of advertising believe that purposeful competition between lawyers for clients is a great evil of the profession. The legal profession must concentrate on public service rather than profits. When lawyers advertise, they provide the public with a misleading picture of legal services, suggesting that legal issues can be solved as easily as a sink can be fixed. Because the law is complex, the consumer cannot evaluate the quality of the offered services. Opponents also note that the high cost of advertising must be passed on to the consumer. The financial burden of advertising may encourage a lawyer to pursue nonmeritorious litigation. In ad- dition, if a lawyer works with a high volume of clients generated by advertis- ing, the lawyer may have little opportuni- ty to communicate with a client or fully analyze a legal issue brought to the lawyer. Those who support fewer restrictions on legal advertising contend that bar associations and bar leaders are out of step with the realities of U.S. society. First, they argue that bar associations were organized in the late nineteenth century to ensure that lawyers were self- regulated. This meant that a BAR ASSOCIA- TION could control the behavior of its members and find ways to preserve the monopoly over legal services. These supporters suggest that the public has not been well served by this system. Though law is a profession, the need to make money has always been ac- knowledged. Supporters of advertising argue that it is, therefore, disingenuous for well-heeled lawyers to lament the introduction of competition. They point out that bar leaders have generally come from large corporate law firms, which have no need to advertise for clients but compete for profitable corporate retai- ners. These firms, they contend, have not provided public service but have concentrated on making profits. If cor- porate firms had helped with the unmet legal needs of society, perhaps advertising would not be necessary. Proponents of advertising do not believe that professionalism, public ser- vice, and commercialism are mutually exclusive. They contend that lawyers can provide the public with a service by advertising. Much of legal advertising is educational, instructing consumers on what their legal rights are and where they may consult an attorney for free or for a minimal charge. Advertising reaches peo- ple who would not otherwise know what to do or where to go with a legal problem. Proponents of advertising argue that placing the legal profession in the marketplace is not demeaning but dem- ocratic. Legal advertising breaks down the elitist notion that lawyers are some- how superior to others in the workforce. Lawyers provide services, many of which are simple. Competition helps to drive down the costs of legal services rather than increase them. Advertising does cost money, but innovative law firms have learned how to use forms, computers, and the services of legal assistants to reduce operating costs. In most cases, the quality of legal services has not suffered. As with any business, if consumers are unhappy with the service they receive, they will not return. Proponents contend that the brisk business done by law firms that advertise is evidence of the quality of work they produce. Those who favor legal advertising generally are convinced that advertise- ments provide consumers with informa- tion about legal services. As long as promotional material is not misleading or false, legal advertising should be subject to minimal restrictions. Propo- nents note, however, that most lawyers either refrain from advertising or do it in the most conservative way, so as to avoid censure by their bar associations. As of 2009, there appeared to be no driving force at work within the legal profession that would change the status quo. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGAL ADVERTISING 261 imply that they have special knowledge in a particular field of law, such as patent law or admiralty law. Because potential clients do not typically have a way to verify that a lawyer is a qualified specialist, this guideline protects them from deception. However, in In re R. M. J. (455 U.S. 191, 102 S. Ct. 929, 71 L. Ed. 2d 64 [1982]), the Supreme Court ruled that lawyers have the right to advertise their area of practice if they use “unsanctio ned, non-misleading language.” Simply stating that they practice a specific type of law—for example, DIVORCE law—is accept- able; stating that they are specialists in that type of law is not. Although these guidelines have been helpful in establishing higher standards in legal adver- tising, several problems have arisen. The major problem is that the guidelines are the creation of the ABA; therefore, the legal profession is responsible for enforcing them. As with any type of self-regulation, this has led some critics to claim that enforcement standards are some- times lax and that inadequate punishment only encourages other lawyers to engage in inappro- priate or unethical behavior. The second main problem is that because state associations can create their own legisla- tion based on the ABA guidelines, what is acceptable legal advertising in one state may be unacceptable in a neighboring state. This discrepancy can lead to confusion and violation of ethics codes, as well as image problems for the legal profession. Several landmark cases set the standards for legal advertisements in the early 2000s. In Bates v. State Bar of Arizona (433 U.S. 350, 97 S. Ct. 2691, 53 L. Ed. 2d 810 [1977]), the Supreme Court ruled that legal advertising in newspapers is protected by the FIRST AMENDMENT and that state professional or disciplinary codes cannot “Spamming ” the Net L B egal advertising has found its way i nto the phone books and onto radio and television. With the growth of the Internet as an information and communication re source, la wyers and law firms have established home pages on the World Wide Web to p rovide legal information and adver- tise their servi ces. Their doing so has created new opportunities and new problems. In April 1994 Laurence Canter and Martha A. Siegel, of the Phoenix, Arizona, law firm of Canter and Siegel, sent an email message to thousands of Internet news groups, advertising their immigration law practice, in the hope of g aining new clients. The subject line, however, annou nced information on a lottery. News groups are electronic bulletin boards where people post messages concerning a very specific topic. They have millions of subscribers. Canter and Siegel’s direct mailing to the news groups cost them virtually nothing compared with the cost of a conventional hardcopy mailing. In sending their advertisement, the y used a pro cess called spamming, which allows a message to be sent to every news group i n existence, regardless of whether a particular group might be interested in the content of the message. The spamming set off a tidal wave of protests from readers of news groups who were angry that the law firm had violated Internet etiquette. As many as 6 mill ion people received the message. Most people simply deleted the message but about 20,000 sent angry responses. Canter and Siegel’ s Internet provider terminated their account after these messages crashed its server 15 times. The law firm switched to another provider, which also terminated service. The couple published a book in 1995 on how to market on the Internet using “guerilla” techniques. They divorced i n 1996. Though the Internet community and members of the legal community voiced their displeasure at the spamming, the Canter and Siegel advertisement was legal a t the time. T he federal CAN-SPAM Act of 2003 made such email advertisements illegal, as it bans deceptive subject lines. CROSS REFERENCES E-mail; Interne t. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 262 LEGAL ADVERTISING prohibit it. However, reasonable restrictions can be placed on deceptive, false, or misleading advertisements. The Supreme Court addressed the issue of in-person legal solicitation in Ohralik v. Ohio Bar Ass’n (436 U.S. 447, 98 S. Ct. 1912, 56 L. Ed. 2d 444 [1978]). An Ohio BAR ASSOCIATION regulation stated, “A lawyer shall not recom - mend employment, as a private practitioner, of himself, his partner or associate to a non-lawyer who has not sought his advice regarding employment of a lawyer” (Ohio Code of Professional Responsibility, DR 2-103[A] [1979]). The Supreme Court ruled that in- person solicitation has very limited First Amendment protection and, therefore, left its regulation up to the individual states. The issue of direct-mail solicitation was the focus of Shapero v. Kentucky Bar Ass’n (486 U.S. 466, 108 S. Ct. 1916, 100 L. Ed. 2d 475 [1988]). The Kentucky Bar Association had a statute that prohibited attorneys from using direct-mail solicitation to attract clients. The Supreme Court held that the law violated the First Amendment. The ensuing direct-mail standard was that truthful and nondeceptive ads could be targeted at people with known legal problems. Some states during the early 2000s have approved amendments to rules that apply to legal advertising. New York, for instance, approved rules in 2007 that allow a lawyer to refer to publications and professional ratings in the lawyer’sadvertising.However,theruleslimit the lawyer from including certain testimonials and endorsements as well as advertisements that feature legal documents. The New York rule changes, as well as those in other states such as Florida, have been the subject of controversy. In fact, in Alexander v. Cahill (No. 5:07-CV-117, 2007 WL 2120024 [N.D.N.Y. July 23, 2007],a New York federal district court struck down several provisions of the New York rules, holding that the rules violated the First Amendment. FURTHER READINGS American Bar Association. 1998. A Re-Examination of the ABA Model Rules of Professional Conduct Pertaining to Client Development in Light of Emerging Technologies. Chicago: ABA. Dobrowalski, Lauren. 1994. “Maintaining the Dignity of the Profession: An International Perspective on Legal Advertising and Solicitation.” Dickinson Journal of International Law 12 (winter). Hansen, Mark. 1994. “Lawyers’ Internet ad Angers Users.” American Bar Association Journal (July). Helbling, Christian J. 1998. “Internet Advertising by Lawyers: An Analysis of the Salt in the Sea of Cyberspace.” West Virginia Journal of Law & Technology (February 14). Lynch, Thomas E., III. 2001. “Ethical Problems with Legal Computer Advertising and Affiliations.” Maryland Bar Journal 34 (November-December): 11–4. Peltz, Robert D. 1989. “Legal Advertising—Opening Pan- dora’s Box?” Stetson Law Review 19 (fall). Rotunda, Ronald D. 2007. Legal Ethics in a Nutshell. 3d ed. St. Paul, Minn.: Thomson/West. Siegel, Martha A. 1994. Letter. American Bar Association Journal (September). Thier, Whitney. 1991. “In a Dignified Manner: The Bar, the Court, and Lawyer Advertising.” Tulane Law Review 66. Zacharias, Fred C. 2002. “What Lawyers Do When Nobody’s Watching: Legal Advertising as a Case Study of the Impact of Underenforced Professional Rules.” Iowa Law Review 87 (March): 971–1022. CROSS REFERENCES Ethics, Legal; Freedom of Speech; Legal Spe cialization; Professional Responsibility. LEGAL AGE The time of life at which a person acquires full capacity to make his or her own contracts and deeds and to transact business or to enter into some particular contract or relation, such as marriage. In most states a minor attains legal age at 18, although for certain acts, such as consuming alcoholic beverages, the age might be higher; for others, such as driving, the age might be lower. Legal age is synonymous with AGE OF CONSENT or AGE OF MAJORITY. LEGAL AID A system of nonprofit organizations that provide legal services to people who cannot afford an attorney. In the United States, more than 1,600 legal aid agencies provide legal representation with- out cost or for a nominal fee to people who are unable to pay the usual amount for a lawyer’s services. These agencies are sponsored by charitable organizations, lawyers’ associations, and law schools, and by federal, state, and local governments. In some states legal aid services are partially funded from the interest earned in law firm trust accounts. The first U.S. legal aid agency was founded in 1876 in New York City by the German Society. The agency assisted German immi- grants with legal problems. Beginning in the late nineteenth century, lawyers’ associations took GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGAL AID 263 the lead in providing low-cost legal services. In 1911 the National Alliance of Legal Aid Societies was established to promote the concept of legal aid to people who were poor. The alliance, now known as the National Legal Aid and Defender Association, publish es information and holds conferences dealing with legal aid issues. Legal aid agencies handle civil cases, includ- ing those concerning adoption, BANKRUPTCY, DIVORCE, employment issues, and LANDLORD AND TENANT disputes. These agencies may not use federal funds to handle criminal cases. The criminal counterpart to the U.S. legal aid system is called the public defender system. Public defenders are funded through state and local agencies and federal grants. Legal aid agencies are run by attorneys and administrative support staff. They are often supplemented by law students, who participate in legal aid clinics that give students opportu- nities to work with indigent clients. In addition, many private attorneys volunteer their time to assist these agencies. In some jurisdictions the court may appoint private attorneys to handle legal aid clients. Despite these pro bono (donated) services, legal aid agencies typically have more clients than they can serve. When they do, they may exclude complicated matters, such as divorce, from the legal services they provide. The scope of legal aid widened dramatically in 1964, when President LYNDON B. JOHNSON established the Office of Legal Services. This agency organized new legal aid programs in many states, then suffered budget cuts in the early 1970s. In 1974 Congress disbanded the office and transferred its functions to the newly created LEGAL SERVICES CORPORATION (Legal Ser- vices Corporation Act of 1974, 88 Stat. 378 [42 U.S.C.A. § 2996]). The corporatio n is a private, nonprofit organization that provides financial support to legal aid agencies through the distribution of grants. It also supports legal aid attorneys and staff through training , research, and technical assistance. CROSS REFERENCES Pro Bono; Right to Counsel. LEGAL ASSISTANT A legal assistant is a person, working under the supervision of a lawyer, qualified through education, training, or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclu- sively, performed by a lawyer. A legal assistant is also known as a paralegal. Legal assistants, or paralegals, help attorneys deliver legal services. Although they assist attorneys in very technical areas of the law, they are prohibited from practicing law without a license. Legal assistants cannot represent a client or give legal advice. All work performed by legal assistants must be done under the supervision of an attorney, who is subject to disciplinary procedures for ethical violations committed by the legal assistant. The legal assistant profession emerged in the 1960s, as law firms hired persons, usually women, to help lawyers prepare complex or highly detailed cases. These persons typically worked in specialties such as BANKRUPTCY, probate and estate planning, real estate, and civil litigation, where they organized docu- ments, completed forms, and prepared cases for trial. In 1968 the AMERICAN BAR ASSOCIATION (ABA) created the Special Committee on Lay Assistants for Lawyers. The committee worked to develop the training of nonlawyer assistants, and the utilization of their services to enable lawyers to perform their professional duties more effec- tively and efficiently. In 1973 the ABA approved the Guidelines for the Approval of Legal Assistant Education Programs, and in 1975 it approved the first eight legal assistant training programs under those guidelines. In 1996 there were 206 ABA-approved education programs in the United States. A drive for professional standing led to the establishment of two legal assistant organiza- tions. The National Federation of Paralegal Associations (NFPA) was founded in 1974. The NFPA is a federation of sixty member associa- tions that works to improve the educational and professional standing of legal assistants. In 1975 the National Association of Legal Assistants (NALA) was formed. Both the NFPA and the NALA have worked to increase the educational requirements for becoming a legal assistant. In the 1960s legal assistants learned on the job. In the 1970s a variety of educational options became available: certificate programs, two-ye ar associate of arts degrees in parale gal studies, and four-year GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 264 LEGAL ASSISTANT Bachelor of Arts degrees in paralegal studies. In the 1990s, postbaccalaureate programs started to appear. The demand for legal assistants has contin- ued to grow since the 1960s. By 2006 there were 238,000 legal assistants, with a projected growth rate of 22 percent by 2016. Most legal assistants are women. A Bureau of Labor Statistics study found that in 2005 almost 14 percent of legal assistants were men, yet the percentage had increased by 2 percent since 2004. Besides work- ing for law firms, legal assistants are employed by corporations, banks, government agencies, and insurance companies. The demand for legal assistants is highest in large cities. The profession has continued to explore ways to improve its status. For example, the NALA offers a certified legal assistant credential. This credential is based on a two-day examination that includes legal research, legal terminology, ethics, communications, and four areas of substantive law chosen by the candidate. It must be renewed every five years by attending continuing educa- tion programs. The NALA also offers specialty examinations to those with advanced knowledge in substantive areas of the law. The regulation of legal assistants has been addressed by numerous state legislatures, state BAR ASSOCIATION committees, and state supreme court task forces. None of these entities has implemented regulation, whether it be registra- tion, licensure, or certif ication. FURTHER READINGS Kligerman, Susan D. 1996. “Perspectives on the Paralegal Tradition.” National Federation of Paralegal Associa- tions. Available online at www.paralegals.org (accessed April 6, 2010). National Association of Legal Assistants. Available online at www.nala.org (accessed April 6, 2010). LEGAL CAP Long stationery with a wide left-hand margin and a narrow right-hand ma rgin, used by attorneys. The trend of the courts is to move away from permitting a document of this size to be filed. Courts presently recommend or require the use of standard size paper. LEGAL CAUSE In the law of torts, conduct that is a substantial factor in bringing about harm, which is synony- mous with proximate cause. LEGAL CERTAINTY A test in civil procedure designed to establish that a complaint has met the minimum amount in controversy required for a court to have jurisdic- tion to hear the case. Under this test, if it is apparent from the face of the pleadings, to a “legal certainty” that the plaintiff cannot recover or was never entitled to the amount in the complaint, then the case will be dismissed. For example, the existence of federal diversity jurisdiction on the part of a federal district court – one aspect of which is the pre- sence of an AMOUNT IN CONTROVERSY in excess of $75,000–is a threshold question of law, or one which must be determined by the judge at the start of the action by applying the legal- certainty test. FURTHER READINGS Gessner, Volkmar, and Ali Cem Budak. 1998. Emerging Legal Certainty: Empirical Studies. Aldershot, Hamp- shire, England: Ashgate. Glannon, Joseph W. 2008. Civil Procedure: Examples and Explanations. 6th ed. Frederick, MD: Aspen. Kane, Mary Kay. 2007. Civil Procedure in a Nutshell. 6th ed. St. Paul, MN: West Law School. CROSS REFERENCES Amount in Controversy; Dismissal; Juris diction. LEGAL DECISION See COURT OPINION. LEGAL DETRIMENT A change in position by one to whom a promise has been made, or an assumption of duties or liabilities not previously imposed on the person, due to the person’s reliance on the actions of the one who makes the promise. CROSS REFERENCES Consideration; Contracts. LEGAL EDUCATION There were no law sch ools in colonial America. Those who sought a legal career had several options. They could embark on a self-directed course of study; they could serve as an assistant in a clerk of court’s office; or they could travel to England to study at the INNS OF COURT. The most common method of obtaining a legal education, howev er, was through the appren- ticeship system. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGAL EDUCATION 265 The apprenticeship system that allowed men (it was generally unavailable to women) to acquire educa tion and experience by working under an experienced practitioner. Ideally, an apprentice would spend several years learning both the law and the practical aspects of a law practice. The quality of apprenticeships varied greatly, however, depending on the administer- ing attorney ’s skill and attention. Some appren- ticeships were merely a source of cheap labor. THOMAS JEFFERSON once commented that the services he was expected to render as an apprentice were worth more than the instruc- tion he received. In 1779 Jefferson helped found the first chair of law, at William and Mary College, and appointed his mentor, GEORGE WYTHE, to fill it. Yale, Columbia, the University of Maryland, and Harvard followed suit. The positions they established were part of the general university curriculum and were typically filled by practi- tioners rather than academicians. This early movement to emphasize the scholarship of law gained little momentum because most lawyers believed that apprenticeships provided sufficient legal training. In 1784, however, proprietary (for-profit) law schools began to spring up, which spurred the transformation of legal education. Proprietary law schools were essentially specialized and elaborate law offices. The first and most famous was Connecticut’s LITCHFIELD LAW SCHOOL . Its 14-month course provided instruction in subjects such as property, con- tracts, procedure, master-and-servant, and com- mercial law—similar to the subjects of some modern first-year law school classes. Litchfield graduated about 1,000 students in its 49-year history, including 2 future vice presidents, 101 congressmen, 28 senators, 14 governors, and scores of distinguished state jurists. The advent of law professorships, proprie- tary schools, and bar associations brought some standard of form to legal education. These standards deteriorated, however, thanks in part to ANDREW JACKSON, who was elected the seventh PRESIDENT OF THE UNITED STATES in 1828. Jackson, a lawyer, considered himself to be a champ ion of the common person. State legislatures quickly followed his lead, eschewing anything elitist and reasserting authority formerly dele- gated to bar associations. Bar admission stan- dards declined. Nearly anyone who could show “good moral character” was permitted to practice law, regardless of any knowledge of the field. Bar examinations, if required at all, were usually perfunctory. Standards dropped even at Harvard Law School, which was founded in 1817 as the first academic law school. By the end of the 1820s, students who were denied admission to Harvard College could go directly into the law school; the school also quit giving exams. In 1829, however, Justice JOSEPH STORY of the U.S. Supreme Court became a Harvard Law profes- sor and augured Harvard’s emergence as the first modern law school. In 1870 CHRISTOPHER COLUMBUS LANGDELL became dean of Harvard Law School, essentially launching the modern era of legal education. Langdell believed that law could be taught as a science. Rather than listening passively to lectures and reading treatises, Langdell’s stu- dents dissected reported case decisions. Using a technique known as Socratic dialogue, profes- sors bombarded their students with questions, Law Degrees Conferred, 1960 to 2007 Number of graduates Year Law degrees conferred to women Law degrees conferred to men SOURCE: U.S. National Center for Education Statistics, Digest of Education Statistics, 2008. 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 1960 230 9,010 1970 801 14,115 1980 10,754 24,893 1990 15,406 21,079 2000 17,514 20,638 2007 20,709 22,777 ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 266 LEGAL EDUCATION forcing them to analyze the facts, reasoning, and law in each case. In addition, Langdell grouped related cases together, devoting separate books to different topics. Langdell’s method of instruction through dialogue and case-study is standard in law schools in the early 2000s. Langdell also instituted tighter admission standards, expanded the program from two to three years, and raised graduation requirements. Other university law schools soon began to adopt some of Harvard’s lofty standards. The AMERICAN BAR ASSOCIATION (ABA), founded in 1878 , along with the Association of American Law Schools (AALS), formed in 1900, worked to consign apprenticeships to the pages of history. In 1917, 36 out of 49 jurisdictions still required a period of appren- ticeship, but future lawyers could substitute law school. In the last half of the nineteenth century, a high school graduate could enter most law schools, but the ABA and the AALS worked to steadily increase admission stan- dards. By 1931, 17 states required two years of college before admission, and 33 had a three- year law curriculum. Just eight years later 41 states required at least two years of college. In the early 2000s law schools require prospective students to have a four-year degree from an accredited college or university. As of 2009 there were 200 ABA-approved law schools. A few states, including California, allow graduates of schools not approved by the ABA (usuall y for profit schools) to sit for the BAR EXAMINATION. Criticism of the Langdell model of legal education has grown since the 1980s, but few law schools have sought to break from it. However, in 2006 Harvard Law School changed its first-year curriculum, which consisted of contracts, torts, CIVIL PROCEDURE, criminal law, and property. The school introduced courses on legislation and regulation, international and comparative law, and problem solving. As of 2009 it remained to be seen whether other law schools would modify their first-year classes. Professional legal development continues throughout a lawyer’s career. In 1975 Minne- sota was the first state to mandate CONTINUING LEGAL EDUCATION for practitioners, requiring 45 hours of approved legal study every three years. Since then, the majority of states have established rules that require some form of mandatory continuing educatio n, although requirements vary by state. Continuing educatio n is also required for attorneys who wish to be board certified as specialists in a certain area of law. Certified legal specialist programs are of- fered in many states and are accredited by the ABA. The law profession, like many others, was slow to open up to women. The first woman lawyer in the United States was Arabella Mansfield (1846–1911), who became a member of the Illinois bar in 1869. Mansfield studied in her brother’s law office and was admitted to the bar despite the fact that Illinois leg islation required any person applying for bar admission to be white, male, and over 21 years of age. Ada Kepley (1847–1925) was the first woman in the United States to earn a law degree. She graduated from Union College of Law (now Northwestern University Law School) in 1870. By 1930 most U.S. law schools were admitting women, but not Harvard Law School. The school remained closed to women until 1950. Although women were finally accepted into law schools, the number of women who attended was scant. Until the mid-1960s less than 3 percent of law students were women. Those numbers surged during the 1970s. 1n 2009 women made up almost 50 percent of U.S. law school admissions. Desegregation of law schools came no more quickly than it did to other educational institutions, despite the pivotal role lawyers played in the desegregation process. Since the 1960s minority enrollment in law schools has increased, but the numbers still remain low. In 1960 about 1 percent of law school students were African American. By the late 1990s that number had grown to only 8 percent. In response, a number of schools began active recruitment programs to help ensure greater diversity in their student body. However, by 2009 admission statistics showed only minimal improvement in recruiting African Americans students. When schools use race as a factor in the admissions process, however, critics charge that they are violating constitutional rights. Such charges have led to a number of controversial cases, including GRUTTER V. BOLLINGER (539 U.S. 306,123 S. Ct. 2325, 156 L. Ed. 2d 304 [2003]), in which a prospective white student contended that she was denied admission to the University of Michigan Law School because the school uses race as a deciding factor in admissions. In a 5–4 opinion, the Supreme Court ruled that the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGAL EDUCATION 267 . RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 266 LEGAL EDUCATION forcing them to analyze the facts, reasoning, and law in each case legal profession that would change the status quo. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGAL ADVERTISING 261 imply that they have special knowledge in a particular field of law, such. range of ethical issues.” A set of specific guidelines set forth by the ABA limits the ability of lawyers to state or GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 260 LEGACY Should Legal Advertising Be