rsi 



OTORNKT. 



ATTORNEY. 



731 



ATTORNEY U a peraon substituted (aitmrmt. attarnahu,) from 

 alotmtr, oilman, to substitute, and ngnifiet ooe put in the place or 

 tarn { another to manage hi* ounornu. H U either a private attor- 

 ney authorised to make contract*, ami do other act* for hit principal 

 by an instrument called a letter of attorney ; or he i* an attorney at 

 law, prartMng: in the several court* of oornmon law. The latter 

 description only will be treated of under thin head. A* to the former, 

 tee LETTER or ATTOMIBT. 



An attonty at lar ancwen to the promratur, or proctor, of the civil 

 and canon law, and of our ecclesiastical court*. Before the statute 

 13 Edward I., c. 10, miitors could not appear in court by attorney 

 without tin- king'i special warrant, but were compelled to appear in 

 peraon, a* U till the practice in criminal ca*o*. The authority given 

 by that statute to prosecute or defend by attorney formed the attor- 

 ney* into a regular body, and BO greatly increased their number, that 

 even! statute* and rule* of court for their regulation and for limiting 

 their number were passed in the reigiu of Henry IV.. II, -nry VI., and 

 EUxabeth : one of which, the 33 Henry VI. c. 7, states, that not long 

 before there were only six or eight attorney* in Norfolk and Suffolk, 

 ' quo temport magma traiujitillitai rtyuafnl ;' but that their increaae to 

 twenty-four was to the vexation and prejudice of the counties ; and it 

 therefore enact*, that for the future there shall be only six iu Nor- 

 folk, six in Suffolk, and two in Norwich a provision which has been 

 since signally evaded, though not repealed. It will be convenient to 



1st. The admission of attorneys to practise, their enrolment, and 

 . - .-. - 



2d. Their duties, functions, privileges, aud (Usabilities. 



3d. The consequences of their misbehaviour. 



4th. Their remedy for recovering their fees, &c. 



1st, The atimitaoH of attorneyi to practitc, their enrolment, and eerti- 

 ffattt. The earlier regulations as to the admission of an attorney 

 (see S Joe. I. c. 7, s. 2, and rules of courts in 8 Car. I., and 1654) 

 required that he should serve for five years as clerk to some judge, 

 Serjeant, counsel, attorney, or officer of court ; that he should be found, 

 on examination by appointed practiscrs, of good ability and honesty ; 

 and that he should be admitted of, and reside in, some inn of court or 

 chancery, and keep commons there. These were superseded by the 

 2 Oeo. II. c. 23, and subsequent statutes ; but all of them (except the 

 Stamp Act*) were repealed by and consolidated in the 6 A 7 Viet. c. 73, 

 by which the control of the profession, from the period of admission, 

 and so long as the attorney continues in practice, is confided to the 

 Incorporated LAW Society, which is appointed registrar of attorneys 

 and solicitors. The Commissioners of Stamps ore not to grant any 

 certificate until the registrar has certified that the person applying is 

 entitled thereto ; and the commissioners are annually to deliver to the 

 registrar all such certificates, with the date when they were granted. 

 Persons who previously to this Act had discontinued their certificates 

 to practise in the superior courts, bvit who were in the habit of prac- 

 tising in the inferior courts, and at the sessions and assizes, are now 

 obliged to take out certificates, and ore thus brought under the con- 

 trolling power of the Incorporated Society. No person con practise as 

 an attorney in the superior court* unless be ho* been bound by contract 

 in writing to serve for five yean as clerk to a regular attorney, and has 

 continued five years hi such service, and has been afterwards examined, 

 sworn, admitted, and enrolled in the manner provided by the Act, 

 under a penalty of 5W. and on incapacity to sue for his fees. This 

 provision is extended to practising in the county court or the quarter 

 session*; and by 34 Geo. III. c. 14, s. 4, any person practising as an 

 attorney; without due admission and enrolment forfeits 1001., and is 

 disabled from suing for hi* fees. By the 6 & 7 Viet, persons having 

 taken the degree of bachelor of art*, or bachelor of law, in the univi -i - 

 ity of Oxford, Cambridge, Dublin, Durham, or London, and having 

 erred under contract in writing for thrtt years with an attorney, and 

 having been actually employed during the three years by such attorney 

 or hi* agent in the business of an attorney, shall be qualified to be 

 admitted as fully as if they had served five years ; provided the degree 

 of bachelor of art* wan taken within six years after matriculation, and 

 the degree of bachelor of law was taken within eight years after 

 matriculation: the binding to the attorney must also be within l'r 

 year* after the taking of the degree. An affidavit must be mode 

 within six months from the date of the article* of the execution 

 thereof by the attorney and by the clerk, which affidavit must be filed 

 in the court where the attorney i* enrolled, and be read in open court 

 before the clerk is admitted and enrolled an attorney. By the last 

 Stamp Act a duty of 80/. i* imposed upon the articles of clerkship 

 of attorney, and .'. on the counterpart. No attorney is allowed to 

 have more than two articled clerks at once, and these only during such 

 time a* he i* actually in practice on hi* own account, and not at any 

 time during which he himself i* employed a* clerk by another attor- 

 ney. The clerk, in order to be admitted on attorney, must actually 

 arrrr five years under hi* articles ; but in case the attorney dies, or 

 diaormtinue* to practise, or the articles are by mutual consent cancelled, 

 then the clerk may serve the residue of the time under articles to any 

 other practising attorney, and the new articles ore not subject to 

 tami 1 1. c. 14, s. 6, except th.- duty of M. l.V The articled 



clerk may serve one year, but not a longer time, with the agent of the 

 attorney to whom he i* articled : a plan generally adopted by country 



clerks, who thus acquire a year's experience of the practice in Londn, 

 without delaying their admuaion : and on articled clerk who becomes 

 'jondjulr a pupil to a barrister, or certificated special pleader, fur one 

 ttAob year, may be admitted in the same manner as is <lne if he serves 

 one year with the agent of the attorney to whom he is bound. Before 

 k can l>e admitted an attorney, he must be examined according 

 to the Rules of Court of Hilary Term, 1863, at the Hall of the 1m r 

 porated Law Society, before one of the Masters of the Courts of 

 Common Law, and four out of sixteen attorney* annually ap|>oim<-d 

 by the Common Law judges. In conducting this examination, 75 

 questions are prepared aud printed, arranged under tin- f,., 

 heads:!, Common and statute law, and practice of the < 

 2, conveyancing ; 3, equity and practice of the courts; 4, bank i 

 and practice of the courts; 5, criminal law and proceeding!) 

 justices of the peace. There ore some preliminary quest 

 which are for the purpose of ascct' .it law-books have been 



read and studied, and if the person under examination has attended 

 lectures upon the law. Being found duly qualified, the clerk must 

 also cause on affidavit of the actual service under the articles, sworn by 

 himself or the attorney with whom he has served, to be fiWI in the 

 court to which he seeks admission; and he must make ontli i<>r 

 affirmation, if a Quaker) that he has duly paid the stamp duty "ti the 

 articles, and that he will truly and honestly demean himself as on 

 attorney; he must also take the oath of allegiance, or, if a Roman 

 Catholic, the declaration and oath prescribed by the Roman Catholic 

 Relief Act. The attorney pays a stamp duty on his admission < 

 His name is then enrolled without fee by the officer of court, in 

 books appointed for the purpose : tov.lji.-h books all persons ha \ 

 access, without payment of any fee. When the attorney is admit >!. 

 he subscribes a roll, which is the original roll of attorneys, of which 

 the court takes notice as the recorded list of its officers, and from 

 which the names are copied into the books. An attorney duly tnvorn, 

 admitted, and enrolled iu any of the superior courts of laic, may be 

 sworn and admitted in the courts of equity without fee or stamp duty ; 

 and so a solicitor in any court of equity at Westminster may be sworn, 

 admitted, and enrolled an attorney of her Majesty's courts of law : and 

 an attorney in a superior court at Westminster is capable of 

 admitted in any inferior court of record. An attorney admitted in nc 

 court of record at Westminster, may, by the consent in writing of any 

 other attorney of another court, practise in the name of such other 

 attorney in such other court, though not himself admitted in such 

 court. But if any sworn attorney knowingly permit any other i 

 not being a sworn attorney of another court, to practise in his name, 

 lie is disabled from acting as an attorney, and his admittance becomes 

 void. 



In addition to the examination, swearing, admission, and enrolment, 

 an attorney, in order to be duly qualified for practice, must take out a 

 certificate at the Stamp-office every year between the 15tli No\ 

 and 16th December for the year following, the duty on which is !i/. if 

 he reside in London or Westminster, or within the delivery of the 

 two-penny post, or within the city of Edinburgh, and lias been i 1 

 tice three years ; or 41. 10*. if he has been admitted a less time ; and 

 if he reside elsewhere, and has been admitted three years, 67.; or if he 

 has not been admitted so long, 3/.; and if he practise without certi- 

 ficate, or without payment of the proper duty, he is liable to a jicnalty 

 of 501. and on incapacity to sue for his fees. (55 Oeo. III. c-. 1 . l . 

 But by the 44 Geo. III. c*98, s. 10, these penalties can only be sued 

 for by the Attorney-General, like other stamp penalties. The oil 

 by on attorney to take out his certificate for one whole year incapa- 

 citates him from practising, and renders it necessary to obtain leave of 

 the court to renew his certificate on payment of the arrears of certi- 

 ficate duty, and such penalty as the court thinks fit. 



2. The dutifx, function*, pririUgti, and lUml/ifiiiix nf atlonttyi. The 

 principal dutit* of an attorney ore care, skill, and integrity ; and if he 

 be not deficient in these essential requisites, he is not responvil 

 mere error or mistake in the exercise of hi* profession. But if he be 

 deficient in proper skill or core, and a loss thereby arises to his client, 

 he is liable to a special action on the case : as, if the attorney > 

 on the trial to procure the attendance of a material witness; or if In; 

 neglect attending an arbitrator to whom his client'* 

 or if he omit to charge a defendant in custody at the .-nit of his client, 

 in execution within the proper time. \\h.n an attorney h.-i 

 undertaken a cause, he cannot withdraw from it at his plcosun 

 this would injure his client; and though he is not lmnd to proceed 

 if his client neglect to supply him with money to meet the necessary 

 disbursements, yet before an attorney can abandon the cause on the 

 rround of wont of funds, he must give a sufficient and reasonable 

 notice to the client of his intention. When dec. In or writings come to 

 an attorney's hands in the way of his business as an attorney, the 

 court, on motion, will make a rule U]mii him to deliver them back to 

 the party on payment of what is due to him on account of 

 (service* and disbursements, and particularly when he has given an 

 undertaking to re-deliver them : but, unless they come to his hands 

 strictly in his business a* an attorney, the court will not make a rule, 

 but leave the party to bring his action against the attorney. 



An attorney duly enrolled and certificated is considered to be always 

 personally present at court, and on that account has still some 

 Icyrt, though they are now much narrowed. Till lately he was entitled 



