attorney

Overview

An attorney is someone who is formally appointed by a person to act for them in respect to a transaction or dispute. Attorneys act in the capacity of an agent, and thus have the ability to bind their principal within the scope of their agency.

Lawyers & Attorneys

The term is most frequently used to indicate a person who is a legal representative qualified to act in one of the States of the United States of America, and the term is most frequently used in the context of legal representation in that jurisdiction. The term is not used as frequently in the United Kingdom. Solicitors and barristers are collectively referred to as lawyers. Strictly speaking solicitors and barristers are attorneys. As such, solicitors and barristers together (as lawyers) provide legal representation in the United Kingdom on different levels.

In England, barristers are members of the Bar Council and solicitors are members of a Law Society of England and Wales. Generally speaking, the difference is that barristers have rights of advocacy in the higher courts (and solicitors do not) and barristers may not be instructed by members of the public, whereas solicitors are. Usually, a member of the public instructs a solicitor, and the solicitor instructs the barrister on behalf of the member of the public. In this way, the English system is traditionally a two-tiered system of representation insofar as court work is concerned. There are now exceptions to this system in light of recent and ongoing de-regulation of ther market.

Attorneys may have a more specified skill set, such as patent attorneys and trade mark attorneys and would act in respect to patent and trade mark matters, however they are not solicitors or barristers unless they have qualified separately to be members of the Bar Council or the Law Society.

Powers of Attorney

Attorneys may also be appointed by a 'power of attorney' which is an instrument appointing a person to act in that capacity.

Attorney-General

An attorney is also used in the context of officers of the Crown, namely the Attorney-General, who is the first law officer of the Crown.

Usage: The attorney appeared in the negotiations on behalf of the defendant.

Related Words: power of attorney; patent attorney; trade mark attorney; solicitor; barrister; Queens Counsel.