THE ATTORNEY.

An Attorney primarily signifies any one who is appointed by another to transact any business for him in his absence : but an Attorney-at-Law, of whom we are how to speak, is a person who manages the Law business of another, for whom he is retained ; the term being analogous to the procurator or proctor of the civilians and canonists in the ecclesiastical courts.

Anciently, according to the old Gothic constitutions, every suitor was obliged to appear and prosecute 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 statutes from that
of Westm. 2. c, 10, permission was grafted to attornies to prosecute or defend any civil suit in the absence of the parties, An idiot,
however, cannot at this day, prosecute or defend by bis Attorney, but must appear in person.

Attornies are admitted to the execution of their office, by the superior courts at 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 peculiarly subject to the censure and animadversion of the judges. In order to enable a person 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 court of King's Bench cannot practise in the Common- Pleas, nor can an attorney in the Common- Pleas, practise in the Court of King's Bench. To practise in the court of Chancery, it is also necessary to be admitted a Solicitor therein. The business of an Attorney is one of the most important occupations which can engage the attention of a conscientious man, in the present state of society. To him, the oppressed repair to learn by what means the oppressor is to be resisted ; to him, the orphan and the friendless look, as to one who knows bow to direct them to recover their property or their rights. The Attorney it is to whom, as a Conveyancer in preparing deeds, bonds, mortgages, marriage settlements, &c. we confide the transfer and security of our monies, our goods, and our estates. It is the Attorney before whom we lay those documents, upon his opinion of which we buy and sell land, houses, and a variety of other property depending more especially upon what is usually called, the Title to their possession. By these means, it is the Attorney who has an opportunity of knowing the most intimate affairs of individuals in every relative situation in life ; and it is the Attorney, thus invested with so much power, who has an opportunity of becoming either a blessing or a curse to the neighbourhood in which he resides : for such is now the complexity of our laws, that it is scarcely possible for a plain and simple-minded man to meddle with them without having his Attorney at bis elbow, unless be choose to run the great risk of being overthrown and defeated, even in the best of causes.

If, therefore, instead of that manliness and integrity, which should dignify an Attorney, he abuse the confidence reposed in him, and
descend to the low and petty arts of fomenting litigation and strife between contending parties, for the mere purpose of filling his own pocket, or to gratify the malignity of some tyrant of power, it is evident that there is no term in language sufficiently strong to designate the man. If, on the contrary, an upright man, well acquainted with the laws and their forms, but knowing the fallibility of human nature, and the fallible nature of testimony too, if such a man should be an Attorney, how much strife can he not prevent, how much misery and distress can he not cure.

The legislature has, from time to time, passed various acts relative to the conduct and powers of Attornies, who are liable to be punished in a summary way, either by attachment, or having their names struck off the roll, for ill practice, attended with fraud and corruption, and committed against the obvious rules of justice and common honesty; but the court will not easily be- prevailed on to proceed in this manner, if it appears that the matter complained of was rather owing to neglect or accident, than design ; or if the party injured, has other remedy by act of Parliament, or action at law.

Attornies have the privilege to sue, and be sued, only in the courts at Westminster, where they practise. Besides the obligations of fidelity to his client the Attorney owes him secresy; and in certain cases, an action lies at the suit of his client for neglect of duty: but such actions are extremely rare.

Persons who are bound clerks to Attornies or Solicitors, are to cause affidavits to be made and filed of the execution of the articles, names and places of abode, of attorney or solicitor, and clerk, and none are to be admitted till the affidavit be produced and read in court ; no attorney having discontinued business, is to take a clerk. Clerks are to serve actually during the whole time, and make affidavits thereof. Persons admitted sworn clerks in Chancery, or serving a clerkship to such, may be admitted Solicitor. By the stat. 23 Geo. 2. c. 26, any person duly admitted a Solicitor, may be admitted an Attorney, without any fee for the oath, or any stamp to be impressed on the parchment whereon his admission shall be written, in the same manner as, by stat. Geo. 2. c. 23. § 20, Attornies may be admitted Solicitors.

Every Attorney and Solicitor must annually take out a certificate from the courts in which they practise : if the attorney resides in London, and has been admitted three years or upwards, the stamp duty, for his certificate, is ten pounds; if less than three years, five pounds : if he reside elswhere, and has been admitted three years or more, the stamp for his certificate is six pounds ; less than three years, three pounds. The stamp duty for the articles for an Attorney's clerk, in order to have admission to the courts of law, is one hundred and ten pounds.

The late acts of parliament having made it is more expensive to become an attorney, it is presumed that incompetent, vulgar, and illiterate persons must have more difficulty to get into the profession, and in consequence, the respectability of the attorney ought to be increased.

The expense of establishing a young man as an Attorney, consists in an apprentice fee of sometimes three, or even five hundred guineas, the expenses afterwards, in admission to the courts of law, the stamp duties and books ; which, if properly selected, amount in value, to many hundred pounds. Some young men who are desirous of excelling as Attornies, will, after the expiration of their clerkship, place themselves in the office of some eminent Attorney in London, to obtain experience, or become pupils to a Barrister for a limited time.