ATTORNEY, Attornatus, in law, a person appointed by another to do something in his stead; particularly to solicit and carry on a lawsuit. See AGENT, DEPUTY, etc. See also CAUSE, PROCESS, ACTION, etc. Attorneys in common law are much the same with Procurators, Proctors, or Syndics, in the civil law. See PROCURATOR, PROCTOR, etc. The word is compounded of the Latin ad, to; and the French tourner, to turn; q.d. to turn a business over to another.—The ancient Latin name, according to Bracton, is Responsalis. See RESPONSALIS. Anciently, those of authority in courts had it in their power whether or no to suffer men to appear or sue by another than themselves; as appears from Fitz. de Nat. Brev. in the writ, Dedimus potestatem de Attornato faciendo; where it is shown, that men were driven to procure the king’s writs, or letters patent, to appoint attorneys for them: But ’tis since provided by statutes, that it shall be lawful to appoint an Attorney without such circumvention; as appears by several statutes, 20 Hen. III. cap. 10; 6 Edw. I. cap. 8, etc.
There is a great diversity of Writs in the Table of the Register, wherein the King, by his Writ, commands the Judges to admit of attorneys; whereby there arose so many unskillful attorneys, and so many mischiefs thereby, that for restraining them it was enacted, 4 Hen. IV. cap. 18. that the Judges should examine them, and displace the unskillful; and again 33 Hen. VI. cap. 7. that there should be but a certain number of Attorneys in Norfolk and Suffolk.
Attorney is either General or Special.
Attorney General is he who by general Authority is appointed to manage the Affairs or Suits of the Community. Such is the Attorney-General of the King, who is the same as Procurator Caesaris in the Roman Empire. See PROCURATOR. To him come Warrants for making out Patents, Pardons, etc. He is at the Head of managing all Law-Affairs of the Crown, either in criminal Prosecutions or otherwise; especially in Matters of Treason, Sedition, etc. In all Courts he pleads within the Bar; but when a Privy-Counsellor, he cannot plead in any Court, but on the King’s Affairs, without obtaining a Privy Seal for so doing.
Attorney-Special, is he who is employed in one or more Causes particularly specified.
Attorneys are also distinguished with respect to the Courts, into Attorneys at large, and Attorneys Special, belonging to this or that Court only.
Attorney of the Court of the Duchy of Lancaster, Attornatus Curiae ducatus Lancastriae, is the second Office in that Court, being there, for his Skill in Law, placed as Assessor to the Chancellor of that Court. See DUCHY COURT and ASSESSOR. See also CHANCELLOR, etc.
