Attorney

Introduction to Attorney

Attorney, in law, any person authorized by another to represent him or her. An agent who has been granted express authority to bind his or her principal is called an attorney in fact. Such authority is usually granted by a written instrument called a power of attorney. The powers conferred may be general, as when one gives another a mandate to manage all one’s affairs during an absence, or special, as when the authority extends only to a particular business, or is otherwise limited or qualified. The term attorney at law is used in the United States to denote a legal adviser or representative in all manner of business. In Britain, upon the fusion of law and equity by the Judicature Act of 1873, the two classes of attorney and barrister were united under the name of solicitor in the High Court of Justice.

An attorney at law is an officer of the court, and as such is required, in the U.S., to take a binding oath of office to observe the U.S. Constitution and the constitution of the state of residence. Each state regulates by law the training and qualifications of attorneys. Usually a preliminary examination in general scholarship is required, followed by study at a school of law and sometimes by a clerkship or apprenticeship, varying from one to two years, in the office of a practicing attorney. Finally, an applicant must pass an examination in law before being admitted to the bar.

The duties of an attorney are to act with diligence and fidelity to one’s client and to show average prudence, knowledge, and skill in professional dealings. In order to settle an action, the attorney requires, as a rule, the special authority of the client. No attorney can be compelled to reveal confidential information related by a client. (1)

Also about Attorney:

Conducts prosecution in United States court proceedings in behalf of city, county, state, or federal government: Gathers and analyzes evidence in case and reviews pertinent decisions, policies, regulations, and other legal matters pertaining to case. Presents evidence against accused to grand jury for indictment or release of accused. Appears against accused in court of law and presents evidence before JUDGE or other judiciary and jury.

• A written instrument under seal, by which one or more persons, called the constituents, authorize one or more other persons called the attorneys, to do some lawful act by the latter, for or instead, and in the place of the former.
• The authority given in the letter of attorney is either general, as to transact all the business of the constituent; or special, as to do some special business, particularly named; as, to collect a debt.
• It is revocable or irrevocable; the former when no interest is conveyed to the attorney, or some other person. It is irrevocable when the constituent conveys a right to the attorney in the matter which is the subject of it; as, when it is given as part security.

Specializes in patent law: Advises clients, such as inventors, investors, and manufacturers, concerning patentability of inventions, infringement of Patents , validity of Patents , and similar items. Prepares applications for patents and presents applications to national application authorities, like the U. S. Patent Office or the European office of Patents. Prosecutes or defends clients in patent infringement litigations. May specialize in protecting national trademarks and copyrights in foreign countries.

A document that authorizes one person to legally act as the agent for, or in place of, another person in performing various actions under specified conditions. Full power may be granted, or authority may be limited to certain functions. For example, it may be formal document which appoints another person to act on behalf of a shareholder.

Advises individuals, business concerns, and other organizations concerning income, estate, gift, excise, property, and other federal, state, local, and foreign taxes. Prepares opinions on tax liability resulting from prospective and past transactions. Represents clients in tax litigation.

Examines abstracts of titles, leases, contracts, and other legal documents to determine ownership of land, and gas, oil, and mineral rights: Draws up legal documents covering purchase and sale of land, and oil, gas, and mineral rights, drafts deeds and affidavits, and presents other evidence to meet legal requirements of documents. Examines instruments and opinions prepared by other attorneys and advises officials of organization as to legal requirements in connection with titles. Searches for and examines public records and writes opinions on titles. Prepares cases for trial and tries or assists in trial of lawsuits involving titles to land, and gas, oil, and mineral rights.

A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.

Prosecuted criminal and civil cases on behalf of the United States. Employed one or more assistants.