attorney

The attorney is the agent of his client to conduct his suit to judgment, and to superintend the execution of final process. It is true that he cannot discharge the defendant from execution without the money is paid to him; but his authority is complete to control the remedy which the law gives him to secure or collect the debt of his client.

One put in the place, turn, or stead of another,, to manage his affairs; one who manages the affairs of another by direction of his principal. Spelman; Termes de la Ley. One who acts for another by virtue of an appointment by the latter. Attorney in Fact. A person to whom the authority of another, who is called ihe "constituent," is by him lawfully delegated. Attorney at Law. A person licensed to manage causes in court for the parties thereto. In England, attorneys at law are divided into barristers or counsel, who are advocates admitted to plead at the bar, and solicitors or attorneys who engage in the drawing of pleadings, preparation of evidence, etc. These latter are called "attorneys" in courts of law, "solicitors" in courts of equity, and "proctors" in admiralty. The distinction between barristers and attorneys or solicitors obtained for a time in some of the United States, but is now obsolete.

LETTER OF. See Power op 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. In re Ricker, 66 N. H. 207, 29 Atl. 559, 24 In H. A. 740; Eichelberger v. Sitford, 27 Md. 320. It is "an ancient English word, and signi-fieth one that is set in the turne, stead, or place of another; and of these some be private and some be publike, as attorneys at law." Co. Litt. 51b, 128a; Britt. 285b. One who is appointed by another to do something in his absence, and who has authority to act in the place and turn of him by whom he is delegated. When used with reference to the proceedings ol courts, or the transaction of business in the courts, the term always means "attorney at law," q. v. And see People v. May, 3 Mich. GO5 ; Kelly v. Herb, 147 Pa. 563, 23 Atl. 8S9; Clark v. Morse, 16 La. 576.

— Attorney ad hoc. See Ad Hoc.

— Attorney at large. In old practice. An attorney who practised m all the courts. Cowell.

— 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, 113 Fed. 893, 51 O. C. A. 522; Hall v. Sawyer, 47 Barb. (N. Y.) 119; White v. Furgeson, 29 Ind. App 144, 64 N. E. 49

— Attorney of record. The one whose name is entered on the record of an action or suit as the attorney of a designated party thereto. Delaney v. Husband, 64 N. J. Law, 275, 45 Atl. 265.

— Attorney of the wards and liveries. In English law. This was the third officer of the duchy court. Bac. Abr. "Attorney."

— Public attorney. This name is sometimes given to an attorney at law, as distinguished from a private attorney, or attorney in fact

— Attorney's certificate. In English law. A certificate that the attorney named has pnid the annual tax or duty. This is required to be taken out every year by nil practising attorneys under a penalty of fifty pounds.

— Attorney's lien. See 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 de for the former, and in his place and stead, some lawful act. People v. Smith, 112 Mich. 192, 70 N. W. 466, 67 Ain. St. Rep. 392; Civ. Code La. 1900. art. 2985.

atturney, attournej', Attornatus, atturnatus, I I., Attorne, atturne, attonrne, I. fr. One who has authority to act for another. Attorney at large: an attorney who practices in all the courts. Attorney at law: an attorney who has authority to act for another in matters of law, particularly in conducting suits; an attorney whosle office it is so to act publicly and generally for any who may employ him. Attorney-general: the chief law officer of the state or government; in old practice, a general attorney, or an attorney having authority to appear in all suits in all courts or at a particular circuit, or for a specified time. Attorney in fact: a private attorney having authority to act in a particular matter or in the transaction of business not legal generally. Attorney special: in old practice, an attorney employed in one or more causes specified or belonging to a particular court

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. It is "an ancient English word, and signifieth one that is set in the turne, stead, or place of another; and of these some be private * * * and some be publike, as attorneys at law." Co. Litt. 51b, 128; Britt. 285b. One who is appointed by another to do something in his absence, and who has authority to act in the place and turn of him by whom he is delegated. Attorneys, in the modern use, are of two sorts, attorneys at law and attorneys in fact, as to which see those titles.

Attumey, Attoumey. [L. Lat. attomatus, atturnatus; L. Fr. at tome, attume, attoumS; from toumer, or attourner, to turn, put in the place of, substitute; or toum, a turn or change.] One who is substituted for another, {vicarius), or put in his place or turn, {ad tumum, i. e. ad vicem), to act for him, or manage his concerns.* One who manages the affairs of another by the direction or appointment of his principal, (ad mandatum domini.) Spelman. One who is appointed by another to do something in his place or stead. Termes de la ley. Com, Dig. Attorney, A. One who is employed by another to do any act for his benefit, or on his accoimt.* Story on Agency, § 8. Attomies are either public or private; or as they are more commonly distinguished^ attomies at law, and attomies in fact. See infra.