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. 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. 4. The form of his appointment is by letter of attorney. 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.
Law Dictionary – Alternative Legal Definition
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 Bicker, 66 N. H. 207, 29 Atl. 559, 24 L. R. 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 public, as attorneys at law.” Co. Litt 51&, 128a; Britt 2S5&. 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. WThen used with reference to the proceedings ot 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. 603; Kelly v. Herb, 147 Pa. 563, 23 Atl. 8S9; Clark v. Morse, 16 La. 576. Attorney ad hoc. See Ad HocAttorney at large. In old practice. An attorney who practised in 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. 49Attorney of record. The one whose name la entered on the record of an action or suit as the attorney of a designated party thereto. De laney 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 paid the annual tax or duty. This is required to be taken out every year by all 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 dc for the former, and in his place and stead, some lawful act. People v. Smith, 112 Mich. 192, 70 N. W. 4G6, 67 Am. St Rep. 392; Civ. Code La. 1900. art. 2985.