attorneys or proctors of an English court being henceforth called “solicitors of the supreme court” (see Solicitor).
In the United States an attorney-at-law exercises all the functions distributed in England between barristers, attorneys and solicitors, and his full title is “attorney and counsellor-at-law.” When acting in a court of admiralty he is styled “proctor” or “advocate.” Formerly, in some states, there existed a grade among lawyers of attorneys-at-law, which was inferior to that of counsellors-at-law, and in colonial times New Jersey established a higher rank still—that of serjeant-at-law. Now the term attorney-at-law is precisely equivalent to that of lawyer. Attorneys are admitted by some court to which the legislature confides the power, and on examination prescribed by the court, or by a board of state examiners, as the case may be. The term of study required is generally two or three years, but in some states less. In one no examination is required. College graduates are often admitted to examination after a shorter term of study than that required from those not so educated. In the courts of the United States, admission is regulated by rules of court and based upon a previous admission to the state bar. In almost all states aliens are not admitted as attorneys, and in many states women are ineligible, but during recent years several states have passed statutes permitting them to practise. Since 1879 women have been eligible to practise before the U.S. Supreme Court, if already admitted to practise in some state court, under the same conditions as men. A state attorney or district attorney is the local public prosecutor. He is either elected by popular vote at the state elections for the district in which he resides and goes out of office with the political party for which he was elected, or he is appointed by the governor of the state for that district and for the same term. He represents the state in criminal prosecutions and also in civil actions within his district. There is a United States district attorney in each federal district, similarly representing the federal government before the courts.
An attorney is an officer of the court which admits him to practise, and he is subject to its discipline. He is liable to his client in damages for failure to exercise ordinary care and skill, and he can bring action for the value of his services. He has a lien on his client’s papers, and usually on any judgment in favour of his client to secure the payment of his fees. (See also under Bar, The.)
ATTORNEY-GENERAL, in England, the chief law officer appointed to manage all the legal affairs and suits in which the crown is interested. He is appointed by letters-patent authorizing him to hold office during the sovereign’s pleasure. He is ex officio the leader of the bar, and only counsel of the highest eminence are appointed to the office. The origin of the office is uncertain, but as far back as 1277 we find an attornatus regis appointed to look after the interests of the crown, in proceedings affecting it before the courts. He has precedence in all the courts, and in the House of Lords he has precedence of the lord advocate, even in Scottish appeals, but unlike the lord advocate and the Irish attorney-general he is not necessarily made a privy councillor. He is a necessary party to all proceedings affecting the crown, and has extensive powers of control in matters relating to charities, lunatics’ estates, criminal prosecutions, &c. The attorney-general and the solicitor-general are always members of the House of Commons (except for temporary difficulties in obtaining a seat) and of the ministry, being selected from the party in power, and their advice is at the disposal of the government and of each department of the government, while in the House of Commons they defend the legality of ministerial action if called in question. Previously to 1895 there was no restriction placed on the law officers as to their acceptance of private practice, but since that date this privilege has been withdrawn, and the salary of the attorney-general is fixed at £7000 a year and in addition such fees according to the ordinary professional scales as he may receive for any litigious business he may conduct on behalf of the crown. The crown has also as a legal adviser an attorney-general in Ireland. In Scotland he is called lord advocate (q.v.). There is also an attorney-general in almost all the British colonies, and his duties are very similar to those of the same officer in England. In the self-governing colonies he is appointed by the administration of the colony, and in the crown colonies by royal warrant under the signet and sign-manual. There is an attorney-general for the duchy of Cornwall and also one for the duchy of Lancaster, each of whom sues in matters relating to that duchy.
The United States has an officer of this name, who has a seat in the cabinet. His duties are in general to represent the federal government before the United States Supreme Court, to advise the president on questions of law, and to advise similarly the heads of the state departments with reference to matters affecting their department. His opinions are published by the government periodically for the use of its officials and they are frequently cited by the courts. Every state but one or two has a similar officer. He represents the state in important legal matters, and is often required to assist the local prosecutor in trials for capital offences. He appears for the public interest in suits affecting public charities. He is generally elected by the people for the same term as the governor and on the same ticket.
ATTORNMENT (from Fr. tourner, to turn), in English real property law, the acknowledgment of a new lord by the tenant on the alienation of land. Under the feudal system, the relations of landlord and tenant were to a certain extent reciprocal. So it was considered unreasonable to the tenant to subject him to a new lord without his own approval, and it thus came about that alienation could not take place without the consent of the tenant. Attornment was also extended to all cases of lessees for life or for years. The necessity for attornment was abolished by an act of 1705. The term is now used to indicate an acknowledgment of the existence of the relationship of landlord and tenant. An attornment-clause, in mortgages, is a clause whereby the mortgagor attorns tenant to the mortgagee, thus giving the mortgagee the right to distrain, as an additional security.
ATTRITION (Lat. attritio, formed from atterere, to rub away), a rubbing away; a term used in pathology and geology. Theologians have also distinguished “attrition” from “contrition” in the matter of sin, as an imperfect stage in the process of repentance; attrition being due to servile fear of the consequences of sin, contrition to filial fear of God and hatred of sin for His sake. It has been held among the Roman Catholics that in the sacrament of penance attrition becomes contrition.
ATTWOOD, THOMAS (1765–1838), English composer, the son of a coal merchant who had musical tastes, was born in London on the 23rd of November 1765. At the age of nine he became a chorister in the Chapel Royal, where he remained for five years. In 1783 he was sent to study abroad at the expense of the prince of Wales (afterwards George IV.), who had been favourably impressed by his skill at the harpsichord. After spending two years at Naples, Attwood proceeded to Vienna, where he became a favourite pupil of Mozart. On his return to London in 1787 he held for a short time an appointment as one of the chamber musicians to the prince of Wales. In 1796 he was chosen organist of St Paul’s, and in the same year he was made composer to the Chapel Royal. His court connexion was further confirmed by his appointment as musical instructor to the duchess of York, and afterwards to the princess of Wales. For the coronation of George IV. he composed the anthem, “The King shall rejoice,” a work of high merit. The king, who had neglected him for some years on account of his connexion with the princess of Wales, now restored him to favour, and in 1821 appointed him organist to his private chapel at Brighton. Soon after the institution of the Royal Academy of Music in 1823, Attwood was chosen one of the professors. He was also one of the original members of the Philharmonic Society, founded in 1813. He wrote the anthem, “O Lord, grant the King a Long Life,” which was performed at the coronation of William IV., and he was composing a similar work for the coronation of Queen Victoria when he died at his house in Cheyne Walk, Chelsea, on the 24th of March 1838. He was buried under the organ in St Paul’s cathedral. His services and anthems
