What is ATTORNEY? Definition of ATTORNEY in Black's Law Dictionary
In the most general sense this term denotes an agent or substitute, or one who is appointed and authorized to act in the place or stead of another. Nardi v. Poinsatte, D.C.Ind., 46 F.2d 347, 348. An agent, or one acting on behalf of another. Sherts v. Fulton Nat. Bank of Lancaster, 342 Pa. 337, 21 A.2d 18.
One who s put in place, stead, and turn of another to ma lage his matters of law. Kaufman v. Jurczak, 102 N.J.Eq. 66, 139 A. 716. An agent employed by party to case to manage it for him. McLyman v. Miller, 52 R.I. 374, 161 A. 111, 112.
When used with reference to the proceedings of courts, or the transaction of business in the courts, the term always means "attorney at law" (q. v.) unless a contrary meaning is clearly indicated. In re Morse, 98 Vt. 85, 126 A. 550, 551, 36 A.L.R. 527.
"Lawyer" and "attorney" are synonymous. People v. Taylor, 56 Colo. 441, 138 P. 762, 763.
- Attorney ad hoc. See Ad Hoc.
- Attorney at large. In old practice. An attorney who practiced in all the courts. Cowell.
- Attorney at law. An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts. An officer in a court of justice, who is employed by a party in a cause to manage it for him. In re Bergeron, 220 Mass. 472, 107 N.E. 1007, 1008, Ann.Cas.1917A, 549.
In English law. A public officer belonging to the superior courts of common law at Westminster, who conducted legal proceedings on behalf of others, called his clients, by whom he was retained; he answered to the solicitor in the courts of chancery, and the proctor of the admiralty, ecclesiastical, Probate, and divorce courts. An attorney was almost invariably also a solicitor. It is now provided by the judicature act, 1873, § 87, that solicitors, attorneys, Dr proctors of, or by law empowered to practice in, any court the jurisdiction of which is by that act transferred to the high court of justice or the court of appeal, shall be called "so .citors of the supreme court." Wharton.
The term 'attorney at law," as used in the United States, usua ly includes "barrister," "counsellor," and
"solicitor," in the sense in which those terms are used in England. In some states, as well as in the United States supreme court, "attorney" and "counsellor" are distinguishable, the former term being applied to the younger members of the bar, and to those who carry on the practice and formal parts of the suit, while "counsellor" is the adviser, or special counsel retained to try the cause. Rap. & L.
- Attorney in fact. A private attorney authorized by another to act in his place and stead, either for some particular purpose, as to do a particular act, or for the transaction of business in general, not of a legal character. This authority is conferred by an instrument in writing, called a "letter of attorney," or more commonly a "power of attorney." Treat v. Tolman, C.C.A.N.Y., 113 F. 893, 51 C.C.A. 522; Massachusetts Bonding & Insurance Co. v. Bankers' Surety Co., 96 Ind.App. 250, 179 N.E. 329, 334.
This term is employed to designate persons who act under a special agency, or a special letter of attorney, so that they are appointed in fact-um, for the deed, or special act to be performed; but in a more extended sense it includes all other agents employed in any business, or to do any act or acts in pais for another. Bacon, Abr. Attorney; Story, Ag. § 25.
- Attorney of record. Attorney whose name must appear somewhere in permanent records or files of case, or on the pleadings or some instrument filed in the case, or on appearance docket. Delaney v. Husband, 64 N.J.L. 275, 45 A. 265. Person whom the client has named as his agent upon whom service of papers may be made. Reynolds v. Reynolds, 21 Ca1.2d 580, 134 P.2d 251, 254.
- Attorney of the wards and liveries. In English law. This was the third officer of the duchy court. Bac.Abr. "Attorney."
- Attorney's certificate. In English practice, a certificate of the commissioners of stamps that the attorney therein named has paid the annual tax or duty. This must be renewed yearly; and the penalty for practising without such certificate is fifty pounds; Stat. 37 Geo. III. c. 90, §§ 26, 28, 30. See also 7 & 8 Vict. c. 73, §§ 21-26; 16 & 17 Vict. c. 63.
- Attorney's lien. See Attorney's Lien.
- Letter of attorney. A power of attorney; a written instrument by which one person constitutes another his true and lawful attorney, in order that the latter may do for the former, and in his place and stead, some lawful act. People v. Smith, 112 Mich. 192, 70 N.W. 466, 67 Am.St.Rep. 392. An instrument of writing, appointing an attorney in fact for an avowed purpose and setting forth his powers and duties. Mullins v. Commonwealth, 179 Ky. 71, 200 S.W. 9, 11. It is, in effect, a mere contract of agency. Filtsch v. Bishop, 118 Okl. 272, 247 P. 1110, 1111. A general power authorizes the agent to act generally in behalf of the principal. A special power is one limited to particular acts.
- Power of attorney. Commonly meant the instrument by which authority of one person to act in place and stead of another as attorney in fact is set forth. In re Katz' Estate, 274 N.Y.S. 202, 152 Misc. 757.
- Public attorney. A name sometimes given to an attorney at law, as distinguished from a private attorney, or attorney in fact.
English Law
The chief law officer of the realm, being created by letters patent, whose office is to exhibit informations and prosecute for the crown in matters criminal, and to file bills in the exchequer in any matter concerning the king's revenue. 3 Bla. Comm. 27; Termes de la Ley; Wilentz v. Hendrickson, 133 N.J.Eq. 447, 33 A.2d 366, 374.
American Law
The attorney general of the United States is the head of the department of justice, appointed by the president, and a member of the cabinet. He appears in behalf of the government in all cases in the supreme court in which the government is interested, and gives his legal advice to the president and heads of departments upon questions submitted to him. Act of Sept. 24, 1789 (5 U.S.C.A. §§ 291, 303, 309).
He is the chief law officer of the federal and state governments with the duty of representing the sovereign, national or state. Johnson v. Commonwealth, ex rel. Meredith, 291 Ky. 829, 165 S.W.2d 820, 826.
In each state also there is an attorney general, or similar officer, who appears for the people, as in England the attorney general appears for the crown. State v. District Court, 22 Mont. 25, 55 Pac. 916; He is the chief law officer of the state and head of the legal department. People v. Newcomer, 284 Ill. 315, 120 N.E. 244, 247; Darling Apartment Co. v. Springer, 22 A.2d 397, 403, 25 Del. 420, 137 A.L.R. 803.
ATTORNEY'S LIEN - Black's Law Dictionary
AUTHORITY - Black's Law Dictionary
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