Attorney-in-fact

What attorney-in-fact means

Put simply, attorney-in-fact is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where attorney-in-fact comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses attorney-in-fact in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the current federal court rules online for free.

Related legal terms

• Attorn: to agree to become the tenant of a new owner or landlord, or to acknowledge a new owner's rights.
• Attorney: a person licensed to practice law, also called an attorney at law. In everyday U.S. usage, "attorney" and "lawyer" mean the same thing. An attorney-in-fact is different: a person authorized to act for another under a power of attorney, who does not need to be a lawyer.
• Attorney at law: a person licensed by a state's highest court or bar to practice law and represent others in legal matters — a lawyer. The title "Esq." is a courtesy, not a license. Compare attorney-in-fact, an agent under a power of attorney.
• Attorney-client privilege: a privilege that generally protects confidential communications between a lawyer and client made to obtain or give legal advice. Its scope is defined by the law that applies.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.