ALTHOUGH THE DEPARTMENT OF STATE WAS ESTABLISHED in 1789 – the same year the U.S. Constitution was adopted – the Office of the Legal Adviser has a much briefer history. In the early years of the nation, the legal work of the Department of State was handled personally by such Secretaries of State as Thomas Jefferson, James Monroe, and James Madison, who were each extremely capable lawyers in their own right. The precursor to the Legal Adviser was the so-called Examiner of Claim, a position established by Congress in 1848 to handle the proliferation of international claims against the United States. In 1906, Congress created the high-level position of Counselor of the Department, whose functions included advising the Secretary of State on questions of international law. But it was not until 1931 that Congress enacted a statute establishing the position of “The Legal Adviser.” Since that time, more than twenty distinguished lawyers have filled the position, which, for obscure historical reasons, is spelled as the British do with “e” rather than the common American spelling with an “o.”

The Legal Adviser is appointed by the President with the advice and consent of the Senate. His rank within the Department is equivalent to that of an Assistant Secretary of State, and he answers directly to the Secretary of State. He heads an office known as “L,” staffed by more than 170 Attorney Advisers, which is responsible for furnishing legal advice on all problems, domestic and international, that arise in the course of the work of the Department of State.