Attorney, Solicitor or Lawyer

Discussion in 'Legal Profession' started by Chimp, Apr 27, 2014.

  1. Chimp

    Chimp Moderator & Cheeky Human IMP Staff Member

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    I have found someone in the 1841 and 1851 English census who's profession is Attorney.

    I thought in England that they would either be entered as Solicitor or Lawyer. Is there a difference?
     
  2. Daft Bat

    Daft Bat Administrator. Chief cook & bottle washer! Staff Member

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    According to the O.E.D. :

    attorney, n.
    (attorney in fact, private attorney.) One duly appointed or constituted (by letter or power of attorney) to act for another in business and legal matters, either generally, as in payment, receipt, and investment of money, in suing and being sued, etc., or in some specific act, which the principal, by reason of absence, is unable to perform in person. Hence the contrast between ‘in person’ and ‘by attorney,’ frequent also in fig. senses.


    There you go! :D

    Edited to add:

    Lawyer:
    One versed in the law; a member of the legal profession, one whose business it is to conduct suits in the courts, or to advise clients, in the widest sense embracing every branch of the profession, though in colloquial use often limited to attorneys and solicitors.
     
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  3. Chimp

    Chimp Moderator & Cheeky Human IMP Staff Member

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    Thank you Jan. Now I have another question.

    I have just googled Attorney and got 2 different definitions.

    (1)
    The term "attorney" is however still used under English law to refer to someone legally appointed or empowered (who may but need not be legally qualified) to act for another person.

    (2)
    A person legally appointed by another to act as his or her agent in the transaction of business, specifically one qualified and licensed to act for plaintiffs and defendants in legal proceedings.

    Sooooo......
     
  4. mugwortismy cat

    mugwortismy cat Tenacious to the End!

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    think of it that definition (1) is attorney and (2) is Attorney

    ie. that Attorney is a profession, attorney isn't

    so, an attorney is specifically someone qualified and licensed (2), but it is not legally required that they be so (1); the important fact is that an attorney legally represents or is empowered for another

    or have I just confused you more?
     
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  5. Chimp

    Chimp Moderator & Cheeky Human IMP Staff Member

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    Yep, I'm confused :oops:
     
  6. mugwortismy cat

    mugwortismy cat Tenacious to the End!

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    If my mother is ill I may be given (by her) power of attorney to act for her in legal or financial matters, and I'd do it for love and duty not for money, I am her attorney; however I am not an Attorney who is legally qualified and paid to do the same.

    still confused ...?
     
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  7. Chimp

    Chimp Moderator & Cheeky Human IMP Staff Member

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    Nope got it now Thank you Muggy. I can be a bit slow - Sometimes, often, always. Delete as appropriate :D
     

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