WordFilter: Word for an attorney speaking in the voice of her client?

November 8, 2020 4:58 AM

What would the term be for the nature of an attorney's role in speaking to the court in place of her client? To pick something at random, in this SCOTUS dissent it says stuff like, “petitioner conceded at oral argument...” and “petitioner asserted an as-applied proportionality challenge to his sentence...” and “petitioner abandoned his as-applied claim...” but obviously it's not the non-lawyer petitioner himself saying these things, it's the petitioner's legal counsel.

I'm thinking it might be a Latin term like in loco parentis or locum tenens... the latter actually seems like it ought to work for this, but does not appear to be applied in the field of law itself this way. I'd also think that what I'm looking for might be the antonym of pro se or litigant in person. Any ideas?

posted by Charles Bronson Pinchot to Writing & Language (6 answers total)

"Represent " or "acting for", possibly..
posted by SemiSalt at 5:15 AM on November 8, 2020 [2 favorites]

In legal writing, sometimes you will see the phrase “by and through counsel” or just “through counsel” when there is a need to clarify who is acting/speaking. Otherwise, the distinction is generally ignored, as counsel is understood to be writing/speaking on their client’s behalf.
posted by skewed at 5:18 AM on November 8, 2020 [1 favorite]

I know the use of the word is different in the US, but I think to some extent, the word you are looking for is actually attorney. To be someone's attorney is to act on their behalf as an agent or deputy. Think about power of attorney documents that allow family members to make decisions on behalf of each other, for example.
posted by jacquilynne at 6:26 AM on November 8, 2020 [1 favorite]

Response by poster: It just seems like there would be something more specific than "to represent" or acting as an attorney or agent. There's ex cathedra for when the Pope speaks extra-super-authoritatively, ex officio when someone is a representative to a deliberative body by virtue of their office (I think I've come across "speaking ex officio" too) and there's ex professo when an expert is speaking, or is taken to know something, by virtue of their expertise.
posted by Charles Bronson Pinchot at 8:24 AM on November 8, 2020

Best answer: skewed, SemiSalt & Rock 'em Sock 'em have your answer, i think. but pro querente/defendente - on behalf of the plaintiff/defendant (never seen these used -- maybe as abbreviations, pro. quer. and pro. def.) are entries in black's law dictionary. "representing" has the benefit of not needing to distinguish plaintiff/defendant, and being understood.

while scouring the law dictionary, also found, from roman law, procurator litis -- a person who represents another in a lawsuit -- and, in civil law, procurator negotiorum -- an attorney-in-fact; a manager of business affairs for another.

the in locos did not offer anything but -parentis. i lack the latin spoons to use either pro- or in loco- in a fresh coinage.
posted by 20 year lurk at 9:42 PM on November 8, 2020 [1 favorite]

Response by poster: Thank you, 20 year lurk, I think those are exactly the kind of leads I was looking for! For my purpose, specificity to the point of obscurity or archæism is more important than clarity.
posted by Charles Bronson Pinchot at 3:42 AM on November 9, 2020