Monday, October 6

Why do lawyers restate the obvious by saying that they are 'Attorneys at Law'?

In response to last week's question, “Why do lawyers restate the obvious by saying that they are 'Attorneys at Law'? Are they avoiding confusion with 'Attorneys at Fast Food Restaurants', 'Attorneys at Car Dealerships' or 'Attorneys at Math'? ”, my educated friend Stuart wrote, “An attorney is ’one who is legally appointed to transact business on another's behalf.’ If he/she is at Law, a village in South Lanarkshire, Scotland, that’s fine with me. But I don’t want anyone with a nose in my business, including my crooked uncle Sam, who would be an attorney out law. My friend and new-father again Gian agreed with Stuart about attorneys representing someone else, such as the “removal of one’s liberty,” and added that “SAT administrators have had a couple of run-ins with Attorneys-at-Math, also known as cheating by proxy.”

My friend Mark, who as a lawyer gives lawyers a good name, explained “One of the funniest names I've heard lawyers called, by a real rascal, was Enemies of Fun.” To the question at hand, “it’s a mix of marketing (it sounds more professional) and an appreciation of history that is most likely subconscious. [see “PS” below for his explanation] Using three words where one will do (lawyer, counsel, attorney) doesn't do much to help the profession's reputation regarding being concise.”

My neighbor Stan suggested, “You are acutely aware that attorneys are verbose. They use the extended title so the shingle hanging outside their door has more words and looks more important.” My friend Royce noted that the verboseness is “a ploy for higher legal fees. The more verbiage, the higher the fee.” My running buddy Tony was glad that they don’t charge by the letter, or they’d be "attorneys at supercalifragilisticexpialidocious." (Yes, Tony has 2 young daughters.)

My cousin’s Canuck brother Jack noted that “in Canada, lawyers are called Barristers and Solicitors. Isn’t soliciting illegal? So what are they soliciting?”

My sailing friend Jody noted, “This is as redundant as her friend who went to the “tooth dentist.”

My college roomie John noted that, “perhaps, by using the term, "Attorney at Law", they are minimizing any further ridicule. And like they say about a certain gender, ‘can't live with them and can't live without them’.”

My cousin Jeff noted that “Attorneys-at-law is to avoid confusion with the more intuitive attorneys-in-law, a term that would make everyone think they were sitting down to a meeting with the mother or father lawyer’s spouse.”
My videographer friend Ivan shared this letter about redundant phrases:

From the Department of Redundancy Department, we thank you for your query and will get back with you when we have a moment in time. My banker keeps asking me if I have my PIN Number (Personal Identification Number Number) and I recently explained to the cop who thought I was in a stolen vehicle why I had a mismatched Vehicle Identification ID VIN Number (Vehicle Identification Identification Vehicle Identification Number Number)

This is just to say that why should AAL's, or more appropriately A'sAL (Attorneys at Law) have all the fun. Most lawyers are big A'sALs in many people’s minds. I may even need an A'sAL of an Attorney at Law to represent me for driving with that mismatched Vehicle Identification VIN ID Number.

Please share your thoughts about "things that make you go 'Hmmm' ":


Would you give your right arm to be ambidextrous ? from my son, Zak

Live well…..laugh often….be happy…have a good week….
Hal

PS The history behind the phrase is more interesting for history geeks than important. I know of two explanations behind the phrase. First, the word attorney comes from a medieval French word, attorn, which means to transfer or appoint, as in appointing a representative. Qualifying the word with "at law" explains the context for the appointment. Second, in the old English common law system, which is the main source of our legal traditions, there were two separate courts, those "at law," and those "in equity." You recovered damages (money) in the courts at law; judges issued injunctions (court orders) and the like in the courts at equity. The phrases "attorney at law" or in "attorney in equity" told people about how the lawyer could help them. None of that stuff has much bearing on how courts work today, but you asked, kind of!

My colleague Chris added, there is the 'attorney-in-fact' which is responsible for being either a power of attorney (POA) or letter of attorney in common law (according to Wikipedia)….and that what Hollywood agents are.

…from Hal: Is it coincidental that the most written responses I’ve received are about verbose attorneys?

PS 2: Also from my friend Gian. Last week’s discussion on carbon copies reminded me of the old Ditto machines used by schools, and their distinctive aniline purple dye and interesting smell. The smell was only present when the "run-off" was fresh. I can remember getting slightly damp quizzes and, like most kids, taking a moment to smell the sheet. I don't think any of us ever knew what the hell the smell was, nor why they smelled.

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