An attorney is "one who takes the turn
or place of another."--_Webster._ "An attorney at-law," says
Bouvier, "is an officer in a court of justice who is employed by
a party in a cause to manage the same for him." All attorneys are
agents. They transact business, and appear for, and in the place
of their clients who have not the requisite learning, time, or
desire to appear in suits for themselves.

Mr. Story, in his work upon "Agency," and Mr. Bouvier, in his
"Institutes," in treating of the different kinds of agents, both
speak first of attorneys-at-law. All the elementary writers upon
law tell us that attorneys are agents. Without reference to our
recent statutes modifying the common law, we will open the books
and see who may be attorneys or agents.

II. WHO MAY BE ATTORNEYS OR AGENTS.--Mr. Story, in his work on
Agency, says, sec. 7:

Secondly, who are capable of becoming agents? And here it
may be stated that there are few persons who are excluded
from acting as agents, or from exercising an authority
delegated to them by others. Therefore, it is by no means
necessary for a person to be _sui juris_ or capable of
acting in his or her own right, in order to qualify himself
or herself to act for others. Thus, for example, monks,
infants, _femes covert_, persons attainted, outlawed, or
excommunicated villains, and aliens, may be agents for
others.... A _feme covert_ may be an attorney of another, to
make livery to her husband upon a feoffment; and a husband
may take such livery to his wife, although they are
generally deemed but one person in law. She may also act as
agent or otherwise of her own husband, and as such, with his
consent, bind him by her contract, or other act; or she may
act as the agent of another, in a contract, with her own
husband.

III. UNDER THE COMMON LAW.--In Cox _vs._ Kitchin, 1 Bos. & Pul.,
438, where a _feme covert_ represented herself falsely to the
tradesman to be a _feme sole_, and obtained goods on credit, it
was held that she rendered herself personally responsible.

In Derry _vs._ Mazarine, 1 Ld. Raymond, 147, it was held that the
wife of an alien, who was doing business in her own name, in
England, was liable as