ATTORNEY

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ATTORNEY

ATTORNEY. One who acts for another by virtue of an appointment by the latter. 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.

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