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Legal Definitions - tubman

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Definition of tubman

The term tubman refers to a historical legal role within the English legal system, specifically in the former Court of Exchequer.

A tubman was a junior barrister (a type of lawyer who argues cases in court) whose primary duty was to present formal requests to the court, known as motions. These motions were typically procedural or less complex matters. The tubman's position was subordinate to another historical role, the "postman," meaning the tubman's motions were heard second in order of precedence after the postman's.

  • Example 1: Presenting Routine Requests

    Imagine a busy session in the Court of Exchequer in the 18th century. After a senior barrister, known as the "postman," has presented a significant motion concerning a complex financial dispute, a tubman might then step forward to present a more routine motion. This motion could be a request for an extension of time to file documents in a tax case or a minor procedural adjustment for a client's ongoing matter. This illustrates the tubman's role in handling motions that were second in precedence and often less weighty than those handled by more senior barristers.

  • Example 2: A Stepping Stone in a Legal Career

    A newly qualified barrister in historical England, seeking to gain experience and establish a reputation in the specialized Court of Exchequer, might begin their career by serving as a tubman. In this capacity, they would learn the intricacies of court procedure, practice presenting motions, and observe the more experienced "postman" and other senior barristers. This demonstrates the tubman's position as a junior role, often a foundational step in a barrister's progression.

  • Example 3: Allocating Court Time and Expertise

    If a merchant needed to make a simple, uncontested application to the Court of Exchequer – perhaps to formally record a debt or to request a minor amendment to a previous order – it would be appropriate for their legal representation to be handled by a tubman. This allowed the more senior "postman" to focus on presenting more substantial and contentious legal arguments, ensuring that court time and the expertise of senior barristers were allocated efficiently to the most complex cases, while junior barristers gained practical experience with simpler tasks.

Simple Definition

A tubman was a junior barrister historically practicing in the Court of Exchequer. This individual's role involved making motions, which were second in precedence only to those made by the "postman." The name derived from their custom of standing by a tub, an ancient measure of capacity.

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