[Vocabulary] power of attorney

[Ana S]

Is there a specific name for a power of attorney granted to an attorney to represent the grantor before court? Judicial power of attorney? Or simply "power of attorney"?

 

[probus]

A power of attorney is a legal document by which a person grants another person (the attorney) the power to exercise some or all of the grantor's legal rights. Colloquial American usage of attorney as a synonym for lawyer is irrelevant to the definition of power of attorney.

 

[Ana S]

A power of attorney is a legal document by which a person grants another person (the attorney) the power to exercise some or all of the grantor's legal rights. Colloquial American usage of attorney as a synonym for lawyer is irrelevant to the definition of power of attorney.

So you mean there is no special name for a power of attorney granted to a lawyer to represent someone in court? :?:

 

[probus]

The English word for a lawyer that the court recognizes as a person's representative is his or her counsel. I am quite certain that the term "power of attorney" has nothing to do with who represents someone in court.

 

[Mrfatso]

The word plead might be what you are looking for Ana S.

2.1[NO OBJECT] Law Address a court as an advocate on behalf of a party:the Constitution prohibits a retired Supreme Court judge from pleading before any court.

reference: http://www.oxforddictionaries.com/definition/english/plead

 

[Ana S]

The word plead might be what you are looking for Ana S.

In fact, what I'm looking for is the name of the document (if there is such a document in Common Law countries) that a person signs appointing the counsel that will represent him/her before court. In Civil Law countries, a court only acknowledges a person's counsel if such document is presented. I came up with "power of attorney" because that is the document we use in Civil Law, with the adjective "Ad Judicia" (Latin for "before court") attached to its name.

 

[Mrfatso]

The word plead might be what you are looking for Ana S.

In fact, what I'm looking for is the name of the document (if there is such a document in Common Law countries) that a person signs appointing the counsel that will represent him/her before court. In Civil Law countries, a court only acknowledges a person's counsel if such document is presented. I came up with "power of attorney" because that is the document we use in Civil Law, with the adjective "Ad Judicia" (Latin for "before court") attached to its name.

In English law, as I understand it, we would give a barrister pleading in court on our behalf a document known as a Letter of Instruction, though as different English speaking countries have different legal systems and use different terms, I do not know what you sign in Scotland or the United States of America for example.

 

[probus]

In English law, as I understand it, we would give a barrister pleading in court on our behalf a document known as a Letter of Instruction.

That type of document could also be used in Canada, but I believe there is no need for a document here. It is usually done orally rather than in writing here. When a barrister rises to represent someone, he or she becomes an officer of the court and acquires obligations both to the court and to the accused. The barrister can then be released from those obligations only by permission of the court.

 

[probus]

So you mean there is no special name for a power of attorney granted to a lawyer to represent someone in court?

Yes, except for the misuse of the technical term "power of attorney". There is usually no such document in common law countries.

I am not a lawyer.

 

[Mrfatso]

"In English law, as I understand it, we would give a barrister pleading in court on our behalf a document known as a Letter of Instruction".

That type of document could also be used in Canada, but I believe there is no need for a document here. It is usually done orally rather than in writing here. When a barrister rises to represent someone, he or she becomes an officer of the court and acquires obligations both to the court and to the accused. The barrister can then be released from those obligations only by permission of the court.

You may well be right about the fact there is no actual need for such a letter, in our system too, I have no legal training and have only ever been a witness in a court case, so have no direct knowledge of the procedures involved.