attorney

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. An agent, or one acting on behalf of another. Sherts v. Fulton Nat. Bank of Lancaster, 342 Pa. 337, 21 A.2d 18.

In its most common usage, however, unless a contrary meaning is clearly intended, this term means "attorney at law", "lawyer" or "counselor at law".

"Attorney" means attorney, professional law association, corporation, or partnership, authorized under applicable law to practice law. Bankruptcy Code, No. 101.

The word "attorney" includes a party prosecuting or defending an action in person. New York C.P.L.R. No. 105.

See also attorney for government

- Attorney General

- barrister

- district (district attorney)

- house counsel

- lawyer

- prosecuting attorney

- state's attorney

- United States Attorney

@ attorney ad hoc

See ad hoc

@ attorney at large

In old practice, an attorney who practiced in all the courts

@ attorney at law

@ attorney-at-law

Person admitted to practice law in his respective state and authorized to perform both civil and criminal legal functions for clients, including drafting of legal documents, giving of legal advice, and representing such before courts, administrative agencies, boards, etc.

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 was provided by the judicature act, 1873, No. 87, that solicitors, attorneys, or 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 "solicitors of the supreme court."

@ attorney ethics

See Code of Professional Responsibility

- Rules of Professional Conduct

- attorney fees

- American rule

- attorney's lien

- common fund doctrine

- Equal Access to Justice Act

- fee

- Lodestar Rule

- minimum fee schedules

- retainer

@ attorney in fact

@ 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."

See power of attorney

@ 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. Person whom the client has named as his agent upon whom service of papers may be made. Reynolds v. Reynolds, 21 Cal.2d 580, 134 P.2d 251, 254.

An attorney who has filed a notice of appearance (e.g., through a praecipe) and who hence is formally mentioned in court records as the official attorney of the party. Once an attorney becomes an attorney of record, he often cannot withdraw from the case without court permission. Every pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. Fed.R. Civil P. 11

@ attorney's license

A formal document issued by a state supreme court, normally after passage of a bar examination, which permits one to practice law in that jurisdiction. Also, a similar document issued by federal courts to attorneys admitted to practice in state courts. Such licenses may be revoked because of disbarment or suspended for attorney misconduct

@ 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. An instrument of writing, appointing an attorney in fact for an avowed purpose and setting forth his powers and duties. It is, in effect, a mere contract of agency.

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

Practice of law

See practice.

@ public attorney

A name sometimes given to an attorney at law, as distinguished from a private attorney, or attorney in fact.

@ attorney-client privilege

In law of evidence, client's privilege to refuse to disclose and to prevent any-other person from disclosing confidential communications between him and his attorney. Such privilege protects communications between attorney and client made for purpose of furnishing or obtaining professional legal advice or assistance. Levingston v. Allis-Chalmers Corp., D.C.Miss., 109 F.R.D. 546, 550.

That privilege which permits an attorney to refuse to testify as to communications from client to him though it belongs to client, not to attorney, and hence client may waive it. In federal courts, state law is applied with respect to such privilege. Fed.Evid. Rule 501.

See also client's privilege

- joint defense doctrine

@ attorney for government

Includes the Attorney General, an authorized assistant of the Attorney General, a United States Attorney, an authorized assistant of a United States Attorney and when applicable to cases arising under the laws of Guam means the Attorney General of Guam or such other person or persons as may be authorized by the laws of Guam to act therein. Fed.R.Crim.P. 54(c)

@