Attorney

“ The problematic nature of the position of the attorney at law which rests upon the premise that the lawyer acts, on the one hand, on principle as the representative of an individual citizen who appoints and remunerates him, on the other hand, as an agent of administration of justice and lawyer of the community which has assigned him to and entrusts him with his function, has long been especially apparent in criminal jurisdiction. ”

“ Or, rather, their inclination is to confuse "a lawyer" with the law." A few confidential words with the old family attorney, they feel, and in some mysterious manner the affair is entirely off their hands. ”

“ Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking, there can be no questioning. ”

“ To-night you’ve got to know that another man knows you through and through. To-night you have to go unmasked. Are you afraid of hearing me say who your client is? Are you afraid of having me name the politicians whose orders you execute and whose nod is your law? You have been ordered by the police to win this case. This case indeed! And you, the Assistant District Attorney, in the name of the People, will win it by fair means or foul. You have never investigated one fact, or asked one question, calculated to bring out the truth, but by trick and wile you stoop to serve your master’s purpose. ”

“ The Attorney-General, like all great lawyers, looking through the spectacles of his books, was short-sighted to reach to the new causes and the new effects which were passing around. The wisest laws are but foolish when Time, though not the lawyers, has annulled them. ”

“ An attorney may be struck off the rolls for professional or other misconduct, on application by counsel at the instance of an injured party, or, as the case generally is, of the Incorporated Law Society as representing the profession. A letter or power of Attorney is an authority under hand and seal, empowering the person named therein to do some act on behalf of the principal, which otherwise could only be done by the principal himself. ”

“ I think when we are called upon, in the exercise of our equitable jurisdiction, to order an attorney to perform a contract, to pay money, or to fulfil an undertaking, there we have jurisdiction only if the undertaking or the contract is made in his character of attorney, or so connected with his character of attorney as to bring it within the power of the court to require that their officer shall behave well as an officer. ”

“ THE QUALITY OF JUSTICE A young man sitting at the counsel table, and grown diffident the moment he finds himself on his feet, rises to address the court.
“If the court pleases,” he begins, and the court awakes with a start from a revery of dinner.
“Eh? Who is he?” the court whispers to the district attorney.
The officer scowls back and answers that he does not know.
The young man has heard.
“I am John Forrest, if the court pleases, admitted yesterday.”
“Precisely, sir,” smiles the court, icily; “but you are interrupting the trial of a cause. ”

“ The attorney general shall, whenever in his opinion the public interest requires it, employ and retain, in the name of the United States, such attorneys and counselors at law as he may think necessary to assist the district attorneys in the discharge of their duties, and shall stipulate with such assistant attorneys and counsel the amount of compensation, and shall have supervision of their conduct and proceedings. ”

“ And even where the matters constituting the grounds of complaint have occurred in open court, under the personal observation of the judges, the attorney should ordinarily be heard before the order of removal is made, for those matters may not be inconsistent with the absence of improper motives on his part, or may be susceptible of such explanation as would mitigate their offensive character, or he may be ready to make all proper reparation and apology. Admission as an attorney is not obtained without years of labor and study. ”

“ When he proceeds, and has received a final judgment against you, get your attorney to search the office appointed for that purpose in the Temple, and when he finds that judgment is actually signed, he must give notice to the plaintiff's attorney to attend the master to tax his costs, at which time your attorney must have a writ of error ready, and give it to the plaintiffs attorney before the master, which puts him to a very great expense, as he will have the same charges to go over again. ”

“ But where there is a matter which would subject the person in question to a criminal proceeding, in my opinion, a different principle must be applied. We are to see that the officers of the court are proper persons to be trusted by the court with regard to the interests of suitors, and we are to look to the character and position of the persons, and judge of the acts committed by them, upon the same principle as if we were considering whether or not a person is fit to become an attorney. ”

“ At the other extreme, recognizing the enormous importance and role that an attorney plays at a criminal trial, we have imposed the most rigorous restrictions on the information that must be conveyed to a defendant, and the procedures that must be observed, before permitting him to waive his right to counsel at trial. ”

“ The treasurer and the auditor (and also the secretary of state when he handles State funds) give heavy bonds for the faithful performance of their duties.
ATTORNEY-GENERAL.--The attorney-general is a lawyer who acts as attorney for the State in law cases to which the State is a party. His duties pertain chiefly to the higher courts of the State. He is the legal adviser of the State officers, and, when requested by them, gives opinions upon points of law.
He prosecutes persons who are indebted to the State, and assists in bringing to justice those charged with crime. ”

“ That I have the right to consult with an attorney of my own choice before saying anything, and that an attorney may be present while I am making any statement or throughout the course of any conversation with any police officer if I so choose. ”

“ As the hundreds of cases in the lower courts demonstrate, the Attorney General's actions are voluminously challenged and freuently set aside. No doubt the respect accorded to his findings is much more extensive than that accorded to findings of other agencies, or, to put it technically, 'the scope of inquiry' is more limited. ”

“ And it shall be lawful for the defendant to examine the commission given by the plaintiff, in the presence of the judge, so that he may know, without doubt, for what reason he was brought into court, as well as ascertain the contents of the order granting the authority.
III. He who cannot Conduct his Cause Himself, must give Written Authority to his Attorney. ”

“ There are two types of attorneys: one appears in the place of his principal, who does not appear. The appointment of such an attorney is an unusual and a solemn thing, only to be allowed on special grounds and with the proper formalities. For instance, a poor person may not be able to afford to travel to attend the royal court in person. ”

“ And I do hereby authorize and empower the said judge to make and establish such rules and regulations as may be necessary for the exercise of his jurisdiction, and empower the said judge to appoint a prosecuting attorney, marshal, and clerk of the said court, who shall perform the functions of attorney, marshal, and clerk according to such proceedings and practice as before mentioned and such rules and regulations as may be made and established by said judge. ”

“ The attorney is entitled to a day in court, on which to make defence, and the trial is to be conducted like all other trials in summary proceedings at the common law, and the attorney convicted only if the proofs shall establish or conform to the allegations. [5]
In numerous cases, [6] the judgments or orders removing the attorneys from their offices, having been made without 'due process of law,' were declared to be illegal and void (and were also reversed) , by courts having a superintending or appellate jurisdiction. ”

“ Attorneys and solicitors, with consent of an attorney of another court, may participate in proceedings of such other court. No attorney may have more than two clerks bound to him at one time. Attorneys may be admitted as solicitors and vice-versa. ”

“ Anyone could appoint an agent, an "attorney", to appear in court on his behalf, it being assumed that the principal could not be present and royal authorization given. A wife could represent her husband. ”

“ A partial remedy for possible evils may be found through the appointment of a judge from the civil courts, or of an experienced lawyer who should become the adviser of the court-martial, in place of the judge-advocate —thus leaving to him the duties of an attorney in behalf of the Government. ”

“ The latter is a fine client for any attorney to have on his list, being wealthy and liberal, but as the lady is giving her counsel, who has represented her in a legal way for four years, notice that she proposes to put her legal business in the hands of another lawyer, the dejected look upon the face of Attorney Lincoln is easily accounted for. ”

“ All that is requisite to their validity is that, when not taken for matters occurring in open court, in the presence of the judges, notice should be given to the attorney of the charges made and opportunity afforded him for explanation and defence. The manner in which the proceeding shall be conducted, so that it be without oppression or unfairness, is a matter of judicial regulation.
The authority of the court over its attorneys and counsellors is of the highest importance. They constitute a profession essential to society. ”

“ Two thousand practising lawyers in the city of New-York! Out of these one hundred are "notables;" fifty are "distinguished;" twenty-five are eminent.
A large body of them are "conveyancers" growing thin in person and thinner in mind over deeds and titles; a larger body "attorneys"—getters up and supervisors of suits—providers of ammunition for "distinguished counsel" to discharge with loud reports (the said counsel brilliant by the flash: the attorney obscured in the smoke) ”

“ This accomplished, and the papers safely deposited away in the wallet, the attorney wrung his client by the hand, and that somewhat wildly, giving him to understand that he was to hold himself in readiness that very night to escape, and recommending him to sleep a little during the day, the better to support the toil of flight. He charged him, twenty times over, to be silent and wary, to look as wo-begone and despairing as possible, and above all things to hold no conversation that could be avoided, with his other counsel. ”

“ Burr to his place of attorney at the bar of that Court.
It is a very unusual application, on which the Court has felt considerable doubts.
On one hand, the profession of an attorney is of great importance to an individual, and the prosperity of his whole life may depend on its exercise. The right to exercise it ought not to be lightly or capriciously taken from him. ”

“ Whether, as a matter of practice, the challenge to the authority of counsel was seasonably interposed, it is not important to decide, for in any event the trial court, or this court, has power, at any stage of the case, to require an attorney, one of its officers, to show his authority to appear. ”

“ To be an attorney one had to be educated and certified at the Inns of Court. They practice law full time. Some are employed by the King. Justices come to be recruited from among those who had passed their lives practicing law in court, instead of from the ecclesiastical orders. All attorneys were brought under the control of the justices. ”

“ When the lawyer prepares his own case and makes the argument, as he generally does, he acts in the capacity of both attorney and councillor. In the court of chancery the lawyer is denominated solicitor, and in the admiralty court, proctor. Before a person is permitted to practise law in our courts, he is required to pass through a regular course of study, and afterwards [216] undergo an examination before persons learned in the law.
2. This profession has its foundation in the numerous and complicated laws which have been adopted by men, to govern their intercourse with each other. ”

“ When disputes or conflicts arise, or when persons are charged with violating the law, resolution often occurs within the legal system. Consultation with an attorney is a common first step in this process. Attorneys advise clients of their rights and obligations, suggest possible courses of action, and help their clients to understand legal procedures. Attorneys are zealous advocates on behalf of their clients, helping to ensure that each one receives full and fair representation before the courts. ”

“ Attorneys and counsellors-at-law-and the two characters are in this country generally united in the the same person-are officers of the court, admitted to be such by its order upon evidence that they possess sufficient learning to advise as to the legal rights of parties, and to conduct proceedings in the courts for their prosecution or defence, and that they have such fair private characters as to insure fidelity to the interests intrusted to their care. ”