就是一般说的代理人，in-fact 可以略去。同意这篇文章中的论述：


attorney-in-fact (2012-12-22 14:53:34)转载▼
标签： 杂谈
attorney-in-fact



Attorney-at-law和 attorney in fact 的区别



Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the official name for a lawyer in certain jurisdictions, including, Japan, Sri Lanka, South Africa, and the United States. （维基定义）

由该定义可见，Attorney-at-law是指执业律师，也就是说取得职业资格的律师。



The term attorney-in-fact is used in several states of the United States in place of the term agent and should be distinguished from the term attorney-at-law. An attorney-at-law in the United States is a lawyer — someone licensed to practice law in a particular jurisdiction. The Uniform Power of Attorney Act employs the term agent.

As an agent, an attorney-in-fact is a fiduciary for the principal, so the law requires an attorney-in-fact to be completely honest with and loyal to the principal in their dealings with each other. If the attorney-in-fact is being paid to act for the principal, the contract is usually separate from the power of attorney itself, so if that contract is in writing, it is a separate document, kept private between them, whereas the power of attorney is intended to be shown to various other people.（维基定义）

从该定义可见，attorney-in-fact本质上述是fiduciary，也就是代理人的意思，无论是否有相关资质在所不问。



由此可见，当前法律翻译文件中很多将attorney-in-fact翻译成“事实代理人”或“实际代理人”的依法是不准确的，正确依法应当是“代理人”。