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Becky Nevin, Counselor - At - Law
An âattorney-in-factâ is a NON-LICENSEDÂ lawyer or attorney that acts as your âagent.â Essentially, it is simply a better version of being a âclientâ because the Power of Attorney that is written between you and your AGENT, lays out all the particular rules of the relationship and allows you to reserve all your rights.
If you hire a licensed lawyer or attorney, you are a âclient.â A client, by definition from Corpus Juris Secundum, is defined as: âone who applies to a lawyer. Clients are also called âwards of the court.ââ âWards of courtâ are defined as âinfants and persons of unsound mind.â A licensed lawyer ârepresentsâ you, which means they stand on your behalf because you are incapable of doing so. You are incapable of making decisions for yourself (which is why you also waive your rights and cannot claim your rights when you take on a licensed attorney as a âclient.â) If you are a child or you are retarded, you hire a lawyer and become a client. If you are intelligent and an adult, you work with an attorney-in-fact or âagent.â

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âThe rights of the individual are not derived from governmental agencies, either municipal, state, or federal, or even from the Constitution. They exist inherently in every man, by endowment of the Creator, and are merely reaffirmed in the Constitution, and restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government. The people's rights are not derived from the government, but the government's authority comes from the people. The Constitution but states again these rights already existing, and when legislative encroachment by the nation, state, or municipality invade these original and permanent rights, it is the duty of the courts to so declare, and to afford the necessary relief.â
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