attorney

attorney,

agent put in place of another to manage particular affairs of the principal. An attorney in fact is an agent who conducts business under authority that is controlled and limited by a written document called a letter, or power, of attorney granted by the principal. An attorney at law is an officer of a court of law authorized to represent the person employing him (the client) in legal proceedings. England retains the distinction between the attorney as agent, the solicitorsolicitor,
in English law, person duly admitted to practice before the supreme court of judicature. He is the agent of the person whose suit he handles, and is distinguished from a barrister, who argues cases before the judge (see attorney).
..... Click the link for more information. , who deals directly with the client but does not act as an advocate in court, and the attorney as pleader, the barrister (called advocate in Scotland), who presents the case in court. Most senior and distinguished barristers are designated King's (Queen's) counsel. The distinction between agent and pleader also exists in Europe. In the United States, a similar distinction was formerly made in some states between a counselor at law, who argued the case in court, and an attorney, who prepared the case but did not argue it; but that distinction has now generally disappeared. Today an attorney at law is authorized to exercise all the functions of a practicing lawyer. The growth of large business corporations, beginning in the 19th cent., has brought into existence a large group of attorneys who rarely or never act as trial lawyers yet are among the most influential members of the profession. They work directly for corporations or are members of large law firms and specialize in areas of commercial law. All of them must, however, like the ordinary attorney, be admitted to the bar. The term attorney is also used for county, state, and federal prosecuting officers, as county attorney, district attorney, and attorney general (see Justice, United States Department ofJustice, United States Department of,
federal executive department established in 1870 and charged with providing the means for enforcing federal laws, furnishing legal counsel in federal cases, and construing the laws under which other federal executive departments act.
..... Click the link for more information. ).

Bibliography

See M. Mayer, Lawyers (1967); K. L. Hall, ed., The Legal Profession (1987).

Attorney

in Anglo-Saxon countries, the representative of another person who appears in his place and in his name to conclude agreements or other acts outside of court. Until 1873 the lowest category of lawyer in England (corresponding to the French scrivener) was also called attorney. In accordance with the English Act Governing the Administration of Justice (1873), all persons permitted to conduct cases in court, aside from barristers, were called solicitors. In the USA the attorney is an official who serves in the court which admitted him to the bar and carries out all functions connected with conducting cases in court.

attorney

1. a person legally appointed or empowered to act for another 2. US a lawyer qualified to represent clients in legal proceedings 3. South African a solicitor

attorney

Related to attorney: lawyer

Attorney

A person admitted to practice law in at least one jurisdiction and authorized to perform criminal and civil legal functions on behalf of clients. These functions include providing legal counsel, drafting legal documents, and representing clients before courts, administrative agencies, and other tribunals.

Unless a contrary meaning is plainly indicated this term is synonymous with "attorney at law,""lawyer," or "counselor at law."

In order to become an attorney, a person must obtain a Juris Doctor degree from an accredited law school, although this requirement may vary in some states. Attendance at law school usually entails three years of full-time study, or four years of study in evening classes, where available. A bachelor's degree is generally a prerequisite to admission to law school.

With few exceptions, a person must pass the bar examination of that state in order to be admitted to practice law there. After passing a bar examination and practicing law for a specified period, a person may be admitted to the bars of other states, pursuant to their own court rules.

Although an attorney might be required by law to render some services Pro Bono (free of charge), the individual is ordinarily entitled to compensation for the reasonable value of services performed. He or she has a right, called an attorney's lien, to retain the property or money of a client until payment has been received for all services. An attorney must generally obtain court permission to discontinue representation of a client during the course of a trial or criminal proceedings.

Certain discourse between attorney and client is protected by the Attorney-Client Privilege. In the law of evidence, the client can refuse to divulge and prohibit anyone else from disclosing confidential communications transmitted to and from the attorney. Notwithstanding, attorneys are permitted to make general (non-privileged) pre-trial statements to the press if there is a "reasonable likelihood" that the statements will not interfere with a fair trial or otherwise prejudice the due administration of justice (In re Morrissey, 168 F.3d 134 [4th Cir. 1999]).

Cross-references

Attorney-Client Privilege; Attorney Misconduct; Continuing Legal Education; Legal Education; Legal Representation; Right to Counsel.

attorney

n. 1) an agent or someone authorized to act for another. 2) a person who has been qualified by a state or Federal court to provide legal services, including appearing in court. Each state has a bar examination which is a qualifying test to practice law. The examinations vary in difficulty, but cannot be taken until the applicant is a graduate of an accredited law school (with a three-year minimum course of study) or has fulfilled extensive other training. Passage of the bar examination qualifies the attorney for that state only and for the Federal Courts located in that state (and other Federal courts upon request). Some states will accept attorneys from other states, but many will not grant this "reciprocity" and require at least a basic test for out-of-state attorneys. Attorneys from other states may practice in a limited way, but cannot appear (except on a single case with court permission) in state courts (but in federal courts). Graduation from law school does not make one an attorney. There are also patent attorneys who can practice in Federal patent courts only and have both legal and engineering training. Most patent attorneys today are regular attorneys who specialize. (See: attorney at law, court, reciprocity)

attorney

a person legally appointed or empowered to act for another. More specifically, in the USA, a lawyer qualified to represent clients in legal proceedings; sometimes attorney-at-law. Sometimes used by politicians as short for ATTORNEY GENERAL.

ATTORNEY. One who acts for another by virtue of an appointment by thelatter. Attorneys are of various kinds.
2. Attorney in fact. A person to whom the authority of another, who iscalled the constituent, is by him lawfully delegated. This term is employedto designate persons who act under a special agency, or a special letter ofattorney, so that they are appointed in factum, for the deed, or special actto be performed; but in a more extended sense it includes all other agentsemployed in any business, or to do any act or acts in pais for another. Bac.Ab. Attorney; Story, Ag. Sec. 25.
3. All persons who are capable of acting for themselves, and even thosewho are disqualified from acting in their own capacity, if they havesufficient understanding, as infants of a proper age and femes coverts, mayact as attorneys of others. Co. Litt. 52, a; 1 Esp. Cas. 142; 2 Esp. Cas.511 2 Stark. Cas. N. P. 204.
4. The form of his appointment is by letter of attorney. (q.v.)
5. The object of his appointment is the transaction of some business ofthe constituent by the attorney.
6. The attorney is bound to act with due diligence after havingaccepted the employment, and in the end, to 'render an account to hisprincipal of the acts which be has performed for him. Vide Agency; Agent;Authority; and Principal.
7. Attorney at law. An officer in a court of justice, who is employedby a party in a cause to manage the same for him. Appearance by an attorneyhas been allowed in England, from the time of the earliest records of thecourts of that country. They are mentioned in Glanville, Bracton, Fleta, andBritton; and a case turning upon the party's right to appear by attorney, isreported, B. 17 Edw. III., p. 8, case 23. In France such appearances werefirst allowed by letters patent of Philip le Bel, A. D. 1290. 1 Fournel,Hist. des Avocats, 42; 43, 92, 93 2 Loisel Coutumes, 14, 15. It results fromthe nature of their functions, and of their duties, as well to the court asto the client, that no one can, even by consent, be the attorney of both thelitigating parties, in the same controversy. Farresly, 47.
8. In some courts, as in the supreme court of the United States,advocates are divided into counsellors at law, (q.v.) and attorneys. Thebusiness of attorneys is to carry on the practical and formal parts of thesuit. 1 Kent, Com. 307. See as to their powers, 2 Supp. to Ves. Jr. 241,254; 3 Chit. Bl. 23, 338; Bac. Ab. h.t.; 3 Penna. R. 74; 3 Wils. 374; 16S. & R. 368; 14 S. & R. 307; 7 Cranch, 452; 1 Penna. R. 264. In general, theagreement of an attorney at law, within the scope of his employment, bindshis client; 1 Salk. 86 as to amend the record, 1 Binn. 75; to refer a cause1 Dall. Rep. 164; 6 Binn. 101; 7 Cranch, 436; 3 Taunt. 486; not to sue out awrit of error; 1 H. Bl. 21, 23 2 Saund. 71, a, b; 1 Term Rep. 388 to strikeoff a non pros; 1 Bin. 469-70 to waive a judgment by default; 1 Arcb. Pr.26; and this is but just and reasonable. 2 Bin. 161. But the act must bewithin the scope of their authority. They cannot, for example, withoutspecial authority, purchase lands for the client at sheriff's sale. 2 S. &R. 21 11 Johns. 464.
9. The name of attorney is given to those officers who practice incourts of common law; solicitors, in courts. of equity and proctors, incourts of admiralty, and in the English ecclesiastical courts.
10. The principal duties of an attorney are, 1. To be true to the courtand to his client; 2. To manage the business of his client with care, skilland integrity. 4 Burr. 2061 1 B. & A. 202; 2 Wils. 325; 1 Bing. R. 347; 3.To keep his client informed as to the state of his business; 4. To keep hissecrets confided to him as such. See Client Confidential Communication.
11. For a violation of his duties, an action will in general lie; 2Greenl. Ev. Sec. 145, 146; and, in some cases, he may be punished by anattachment. His rights are, to be justly compensated for his services. Vide1 Keen's R. 668; Client; Counsellor at law.
12. Attorney-general of the United States, is an officer appointed bythe president. He should be learned in the law, and be sworn or affirmed toa faithful execution of his office.
13. His duties are to prosecute and conduct all suits in the supremecourt, in which the United States shall be concerned; and give his adviceupon questions of law, when required by the president, or when requested bythe heads of any of the departments, touching matters that may Concern theirdepartments. Act of 24th Sept. 1789.
14. His salary is three thousand five hundred dollars per annum, and heis allowed one clerk, whose compensation shall not exceed one thousanddollars per annum. Act 20th Feb. 1819, 3 Story's Laws, 1720, and Act 20thApril, 1818, s. 6, 3 Story's Laws, 1693. By the act of May 9, 1830, 4Sharsw. cont. of Story, L. U. S. 2208, Sec. 10, his salary is increased fivehundred dollars per annum.

attorney

at·tor·ney

attorney

at•tor•ney

attorney

attorney

attorney

attorney

attorney

attorney

strike (one) off the roll (of solicitors/attorneys)

strike (one) from the roll (of solicitors/attorneys)

attorney

attorney,

Bibliography

Attorney

attorney

attorney

Attorney

Cross-references

attorney

attorney

attorney

Synonyms for attorney

noun lawyer

Synonyms

Synonyms for attorney

noun a person who practices law

Synonyms

Synonyms for attorney

noun a professional person authorized to practice law

Synonyms

Related Words