Legal Definitions - de attornato recipiendo

de attornato recipiendo refers to a historical legal document, specifically a writ, that commanded a court to formally accept and allow a designated attorney to represent a party in a legal proceeding. In essence, it was a formal instruction ensuring that a specific lawyer could appear and act on behalf of a client within a particular court. This practice is no longer in use today, as modern legal systems have established different procedures for attorney admission and representation.

Here are some examples illustrating the historical application of de attornato recipiendo:

• Imagine a wealthy merchant in 15th-century England involved in a complex trade dispute in a distant town. He trusts a specific lawyer from his home city, known for expertise in maritime law. However, the local court in the distant town is reluctant to admit an attorney from outside their immediate jurisdiction, preferring local practitioners.

  In this scenario, the merchant's legal team would have sought a de attornato recipiendo writ. This writ, issued by a higher authority, would have compelled the local court to formally "receive and admit" the merchant's chosen attorney, thereby allowing him to represent the merchant in the trade dispute despite the local court's initial resistance.

• Consider a landowner in medieval Europe accused of trespass. He wishes to be represented by a particular advocate who has successfully handled similar cases for his family in the past. The presiding judge, for personal or procedural reasons, initially refuses to acknowledge this advocate's right to appear on behalf of the landowner.

  To overcome this obstacle, the landowner or his advocate would have petitioned for a de attornato recipiendo. This writ would serve as a formal order, obliging the judge to "receive and admit" the chosen attorney, ensuring the landowner could have his preferred legal counsel present his defense.