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See also:ATTORNEY (from O. Fr. atorne, a See also:person appointed to See also:act for another, from atourner, legal See also:Lat. attornare, attorn, literally to turn over to another or commit business to another) , in See also:English See also:law, in its widest sense, any substitute or See also:agent appointed to See also:act in " the turn, See also:stead or See also:place of another." Attorneys are of two kinds, attorneys-in-fact and attorneys-at-law . An attorneyin-fact is simply an agent, the extent of whose capacity to act is bounded only by the See also:powers embodied in his authority, his See also:power of See also:attorney . An attorney-at-law was a public officer, conducting legal proceedings on behalf of others, known as his clients, and attached to the supreme courts of See also:common law at See also:Westminster . Attorneys-at-law corresponded to .the solicitors of the courts of See also:chancery and the proctors of the See also:admiralty, ecclesiastical, See also:probate and See also:divorce courts . Since the passing of the Judicature Act of 1873, however, the designation" attorney" has become obsolete in See also:England, all persons admitted as Solicitors, attorneys or proctors of an English See also:court being henceforth called " solicitors of the supreme court " (see See also:SOLICITOR) . In the See also:United States an attorney-at-law exercises all the functions distributed in England between barristers, attorneys and solicitors, and his full See also:title is " attorney and counsellor-atlaw." When acting in a court of admiralty he is styled " See also:proctor " or " See also:advocate." Formerly, in some states, there existed a grade among lawyers of attorneys-at-law, which was inferior to that of counsellors-at-law, and in colonial times New See also:Jersey established a higher See also:rank still—that of See also:serjeant-at-law . Now the See also:term attorney-at-law is precisely See also:equivalent to that of lawyer . Attorneys are admitted by some court to which the legislature confides the power, and on examination prescribed by the court, or by a See also:board of See also:state examiners, as the See also:case may be . The term of study required is generally two or three years, but in some states less . In one no examination is required . See also:College graduates are often admitted to examination after a shorter term of study than that required from those not so educated . In the courts of the United States, See also:admission is regulated by rules of court and based upon a previous admission to the state See also:bar . In almost all states aliens are not admitted as attorneys, and in many states See also:women are ineligible, but during See also:recent years several states have passed statutes permitting them to practise . Since 1879 women have been eligible to practise before the U . S . Supreme Court, if already admitted to practise in some state court, under the same conditions as men . A state attorney or See also:district attorney is the See also:local public prosecutor . He is either elected by popular See also:vote at the state elections for the district in which he resides and goes out of See also:office with the See also:political party for which he was elected, or he is appointed by the See also:governor of the state for that district and for the same term . He represents the state in criminal prosecutions and also in See also:civil actions within his district . There is a United States district attorney in each federal district, similarly representing the federal See also:government before the courts . An attorney is an officer of the court which admits him to practise, and he is subject to its discipline . He is liable tc his client in See also:damages for failure to exercise See also:ordinary care and skill, and he can bring See also:action for the value of his services . He has a See also:lien on his client's papers, and usually on any See also:judgment in favour of his client to secure the See also:payment of his fees . (See also under BAR, THE.) ATTORNEY-See also:GENERAL, in England, the See also:chief law officer appointed to See also:manage all the legal affairs and suits in which the See also:crown is interested . He is appointed by letters-patent authorizing him to hold office during the See also:sovereign's See also:pleasure . He is ex officio the See also:leader of the bar, and only counsel of the highest See also:eminence are appointed to the office . The origin of the office is uncertain, but as far back as 1277 we find an attornatus regis appointed to look after the interests of the crown, in proceedings affecting it before the courts . He has See also:precedence in all the courts, and in the See also:House of Lords he has precedence of the See also:lord advocate, even in Scottish appeals, but unlike the lord advocate and the Irish attorney-general he is not necessarily made a privy councillor . He is a necessary party to all proceedings affecting the crown, and has extensive powers of See also:control in matters See also:relating to charities, lunatics' estates, criminal prosecutions, &c . The attorney-general and the solicitor-general are always members of the House of See also:Commons (except for temporary difficulties in obtaining a seat) and of the See also:ministry, being selected from the party in power, and their See also:advice is at the disposal of the government and of each See also:department of the government, while in the House of Commons they defend the legality of ministerial action if called in question . Previously to 1895 there was no restriction placed on the law See also:officers as to their See also:acceptance of private practice, but since that date this See also:privilege has been withdrawn, and the See also:salary of the attorney-general is fixed at £7000 a See also:year and in addition such fees according to the ordinary professional scales as he may receive for any litigious business he may conduct on behalf of the crown . The crown has also as a legal adviser an attorney-general in See also:Ireland . In See also:Scotland he is called lord advocate (q.v.) . There is also an attorney-general in almost allthe See also:British colonies, and his duties are very similar to those of the same officer in England . In the self-governing colonies he is appointed by the See also:administration of the See also:colony, and in the crown colonies by royal See also:warrant under the signet and sign-See also:manual . There is an attorney-general for the duchy of See also:Cornwall and also one for the duchy of See also:Lancaster, each of whom sues in matters relating to that duchy . The United States has an officer of this name, who has a seat in the See also:cabinet . His duties are in general to represent the federal government before the United States Supreme Court, to advise the See also:president on questions of law, and to advise similarly the heads of the state departments with reference to matters affecting their department . His opinions are published by the government periodically for the use of its officials and they are frequently cited by the courts . Every state but one or two has a similar officer . He represents the state in important legal matters, and is often required to assist the local prosecutor in trials for See also:capital offences . He appears for the public See also:interest in suits affecting public charities . He is generally elected by the See also:people for the same term as the governor and on the same See also:ticket . |
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