ATTORNEY AT LAW, is a person who manages . the law business of another, by whom he is retained ; the term being analogous to the procurator, or proc tor, of the civilians and canonista.
Anciently, (according to the old Gothic constitu tion,) every suitor was obliged to appear and prose cute or defend his suit in person, unless by special license from the king ; and this still continues to be the rule in criminal cases. But by sundry old sta tutes, from that of Westm. 2. c. 10., permission was granted for attornies to prosecute or defend any civil suit in the absence of the parties. An idiot, how ever, cannot, at this day, prosecute or defend by at torney, but must appear in person.
Attornies are admitted to the execution of their office by the superior courts of Westminster-hall. They are considered as officers of the respective courts in which they are admitted ; on which account they enjoy many privileges ; and are, on the other hand, peculiarly subject to the censure and animad version of the judges. In order to enable one to practise as an attorney in any of these courts, he must be admitted and sworn an attorney of that particular court ; and an attorney in the King's Bench cannot practise in the Common Pleas, nor vice versa. To
practise in the Court of Chancery, it is also necessary to be admitted a solicitor therein.
There are divers statutes which regulate the admis sion, &c. of attornies; as, 3 Jac. 1. c. 7 ; 12 Gco. I. c. 29 ; 2 Gco. II. c. 23 ; 22 Geo. II. c. 46 ; 23 Geo. II. c. 26, 6.c.
Besides the obligation of fidelity to his client, the attorney owes him diligence and secrecy ; and, in certain cases, action lies at the suit of the client, against his attorney; for neglect of duty. Blackst. Comment. b. iii. ch. 2. Jacob's Law Diet.
In Scotland there is no class of law practitioners who take the name of attornies. The office there is not public, as in England, but private ; and it is con stituted by letters of attorney. The person who re ceives infcftment for another is also called the attor ney. See Bell's Diet. of the Law of Scotland. (z)