ATTORNE

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  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 is
  called the constituent, is by him lawfully delegated. 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 factum, 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. Bac.
  Ab. Attorney; Story, Ag. Sec. 25.
       3. All persons who are capable of acting for themselves, and even those
  who are disqualified from acting in their own capacity, if they have
  sufficient understanding, as infants of a proper age and femes coverts, may
  act 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 of
  the constituent by the attorney.
       6. The attorney is bound to act with due diligence after having
  accepted the employment, and in the end, to 'render an account to his
  principal 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 employed
  by a party in a cause to manage the same for him. Appearance by an attorney
  has been allowed in England, from the time of the earliest records of the
  courts of that country. They are mentioned in Glanville, Bracton, Fleta, and
  Britton; and a case turning upon the party's right to appear by attorney, is
  reported, B. 17 Edw. III., p. 8, case 23. In France such appearances were
  first 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 from
  the nature of their functions, and of their duties, as well to the court as
  to the client, that no one can, even by consent, be the attorney of both the
  litigating 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. The
  business of attorneys is to carry on the practical and formal parts of the
  suit. 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; 16
  S. & R. 368; 14 S. & R. 307; 7 Cranch, 452; 1 Penna. R. 264. In general, the
  agreement of an attorney at law, within the scope of his employment, binds
  his client; 1 Salk. 86 as to amend the record, 1 Binn. 75; to refer a cause
  1 Dall. Rep. 164; 6 Binn. 101; 7 Cranch, 436; 3 Taunt. 486; not to sue out a
  writ of error; 1 H. Bl. 21, 23 2 Saund. 71, a, b; 1 Term Rep. 388 to  strike
  off 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 be
  within the scope of their authority. They cannot, for example, without
  special 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 in
  courts of common law; solicitors, in courts. of equity and proctors, in
  courts of admiralty, and in the English ecclesiastical courts.
      10. The principal duties of an attorney are, 1. To be true to the court
  and to his client; 2. To manage the business of his client with care, skill
  and 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 his
  secrets confided to him as such. See Client Confidential Communication.
      11. For a violation of his duties, an action will in general lie; 2
  Greenl. Ev. Sec. 145, 146; and, in some cases, he may be punished by an
  attachment. His rights are, to be justly compensated for his services. Vide
  1 Keen's R. 668; Client; Counsellor at law.
      12. Attorney-general of the United States, is an officer appointed by
  the president. He should be learned in the law, and be sworn or affirmed to
  a faithful execution of his office.
      13. His duties are to prosecute and conduct all suits in the supreme
  court, in which the United States shall be concerned; and give his advice
  upon questions of law, when required by the president, or when requested by
  the heads of any of the departments, touching matters that may Concern their
  departments. Act of 24th Sept. 1789.
      14. His salary is three thousand five hundred dollars per annum, and he
  is allowed one clerk, whose compensation shall not exceed one thousand
  dollars per annum. Act 20th Feb. 1819, 3 Story's Laws, 1720, and Act 20th
  April, 1818, s. 6, 3 Story's Laws, 1693. By the act of May 9, 1830, 4
  Sharsw. cont. of Story, L. U. S. 2208, Sec. 10, his salary is increased five
  hundred dollars per annum.