Hutton and HUTTON law group​

NO.  AND I DONT WANT OR NEED TO BE.  HERE'S WHY:

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1. Licenses and BAR Membership:

A BAR card is not a government-issued license but rather a private membership card for the BAR Association. It signifies membership in a private organization, not an authorization granted by the state.
By definition, a "license" permits activities otherwise prohibited. However, practicing law is established as a right (Sims v. Ahrens, 1925) and not something that inherently requires permission.

2. Clients and Wards of the Court:

When an individual hires an attorney-at-law (a BAR member), they become a "client," which places them in a subordinate relationship as a "ward of the court." This designation implies limited capacity and dependence on the court's system for representation.

3. Attorney-at-Law vs. Attorney-in-Fact:

Attorney-at-law: A BAR-certified professional who acts as an officer of the court, prioritizing the court's directives over the client’s autonomy.
Attorney-in-fact: A private agent authorized through a Power of Attorney contract to act on behalf of another individual in specific matters. This arrangement preserves the principal’s autonomy and is bound by the specific terms of the contract.

4. Representation vs. Presentation:

Representation involves standing in for another, inherently acknowledging incapacity or inability to act.
Presentation involves acting directly on one’s own behalf with assistance, if necessary, from an attorney-in-fact.

 

5. Empowering Individuals Through Power of Attorney
A Power of Attorney (POA) offers a contractual mechanism to delegate authority without surrendering inherent rights. Key benefits include:

Retained Rights: Explicitly reserve rights within the POA, ensuring no unintended transfer of authority.
Specific Authority: Define exact tasks or responsibilities the attorney-in-fact may undertake.
Revocability: The principal retains the ability to revoke or modify the POA at any time.

6. Legal Precedents and Supporting Cases
Schware v. Board of Bar Examiners (1957):

This case underscores that states cannot exclude individuals from practicing law arbitrarily or in violation of due process.
Sims v. Ahrens (1925):

Recognizes the practice of law as an "occupation of common right," suggesting it should not be restricted or require licensure.

Definition of Attorn:

The historical root of "attorney" involves transferring allegiance or property, reinforcing the idea that an attorney-at-law's role prioritizes external authorities over personal representation.

Practical Implications
Individuals should critically evaluate whether they wish to enter into a client-attorney relationship with an attorney-at-law or establish a more controlled and empowering relationship through an attorney-in-fact.
Understanding these distinctions allows individuals to maintain greater autonomy and protect their rights in both legal and everyday contexts.

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