Section 34 of the 1852 city charter provided for the election by the Common Council of an officer to serve as "their legal advisor on all matters in which his advice may be necessary, and represent them, within the State in all judicial proceedings ... in which they may have an interest." His term of office was set at two years.

Ordinance #1448 (1854) further defined his duties and responsibilities. That law stated that he would act as legal advisor to the Council "and of any officer of the city, upon all matters which may be submitted to him for his opinion." The Attorney was also to draft ordinances when requested, prepare contracts and other documents, and inspect accounts and contracts prior to their execution. Twice annually he was to report to the Council on all matters then in his hands.

At his office in the City Hall, the Attorney was required to maintain books recording all actions prosecuted or defended by him. Other duties specifically directed to be performed by the City Attorney included attendance to all cases of habeas corpus or other legal proceedings relating to the House of Refuge, as well as executing the requisite legal steps for the admission of indigent insane persons into the State asylum at Jackson.

The 1852 charter also provided for the election of an Assistant City Attorney who duty was "to collect the bills of all defaulting taxpayers, all bills of all persons in default liable to license tax, and the fine denounced by law or any ordinance of the city for violations thereof." The assistant Attorney was to report monthly to the Comptroller and annually to the Council on the status of the various collections placed in his hands.

There is contradictory evidence concerning the Assistant Attorney's independence from the City Attorney. This record describes materials from both officers as being records of the City Attorney's Office; the researcher, however, should be aware that those dealing with the collection of taxes, etc,, probably were created by the Assistant City Attorney and the others by the City Attorney.