Legal Definitions - a cancellis curiae explodi

A cancellis curiae explodi is a historical Latin legal phrase that literally translates to "to be expelled from the bars of the court." In historical legal practice, this term referred to the most severe professional consequence a legal professional could face: permanent removal or disbarment from practicing law before a particular court or within the legal profession entirely. It signified a complete and irreversible expulsion from the legal community, typically due to grave misconduct, serious ethical violations, or extreme contempt of court.

Here are some examples illustrating this historical concept:

• Imagine a barrister in 18th-century England who was repeatedly found to be embezzling funds from their clients' trust accounts, using the money for personal gain. After multiple complaints and a formal inquiry, the court would issue an order for them to be a cancellis curiae explodi. This action would mean the barrister was permanently forbidden from representing clients, appearing in court, or holding themselves out as a legal professional, effectively ending their career due to severe financial misconduct.

• Consider a lawyer in a colonial American court who, during a high-profile trial, consistently and flagrantly defied the judge's direct orders, insulted the court's authority, and attempted to incite public disorder within the courtroom. Such extreme and persistent contempt for the judicial process could lead the presiding judge to declare that the lawyer was to be a cancellis curiae explodi. This would result in their immediate and permanent removal from the court's roster of approved practitioners, preventing them from ever arguing cases in that jurisdiction again.

• Picture a solicitor in 19th-century Europe who was discovered to have systematically fabricated evidence and bribed witnesses in several cases to secure favorable outcomes for their clients. Once these egregious acts of perverting the course of justice came to light and were proven, the legal authorities would ensure that the solicitor was a cancellis curiae explodi. This would signify their complete and permanent disbarment, preventing them from ever practicing law again due to their fundamental betrayal of legal ethics and the integrity of the justice system.