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Legal Definitions - attorney

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Definition of attorney

An attorney primarily refers to a person who is legally qualified and authorized to practice law, representing clients in legal matters. This individual is often called an attorney-at-law or simply a lawyer. Less commonly, the term can also refer to an individual designated to act on behalf of another person in business or personal affairs, even if they are not a lawyer. In this context, they are often called an attorney-in-fact.

  • Example 1 (Attorney-at-Law - Litigation):

    A technology startup company is facing a lawsuit from a competitor alleging patent infringement. The startup hires an attorney specializing in intellectual property law to represent them in court, prepare their defense, negotiate with the opposing legal team, and argue their case before a judge or jury.

    This example illustrates an attorney acting as an attorney-at-law, using their legal expertise and authorization to practice law to represent a client in a legal dispute.

  • Example 2 (Attorney-in-Fact - Financial Management):

    An individual is planning an extended overseas trip and wants to ensure their financial obligations, such as mortgage payments and utility bills, are managed while they are away. They execute a legal document called a Power of Attorney, designating their trusted sibling as their attorney-in-fact.

    Here, the sibling, as an attorney-in-fact, is authorized to make financial decisions and manage specific affairs on behalf of the traveler, even though the sibling is not a practicing lawyer.

  • Example 3 (Attorney-at-Law - Transactional):

    A small business owner decides to sell their company. They engage an attorney specializing in mergers and acquisitions to draft the sale agreement, review all contracts, ensure compliance with corporate law, and facilitate the legal transfer of ownership to the buyer.

    This demonstrates an attorney acting as an attorney-at-law, providing legal counsel and drafting legal documents for a complex business transaction, rather than a court case.

Simple Definition

An attorney is primarily a person authorized to practice law, also known as a lawyer. The term can also refer to an agent, called an attorney-in-fact, who is authorized to act on behalf of another person but does not necessarily practice law.

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