Counsel - Law Dictionary Search Results
Home Dictionary Name: counsel Page 1 of about 355 results (0.002 seconds)Judge Advocate, Judge Advocate-General
Judge Advocate, Judge Advocate-General. The Judge Advocate-General is an officer appointed by letters-patent under the Great Seal. He is under the orders of the Secretary of State for War to whom he acts as legal adviser. One of his functions is to review Court-martial proceedings. All general military courts-martial are attended by a judge advocate acting by deputation, either special or general, under the hand and seal of the judge advocate-general; or by a person appointed by general officers commanding the forces abroad, to execute the office of judge advocate. The duties of an officiating judge advocate at a Court-martial are to superintend the proceedings, to make a minute of the proceedings, and to advise the Court on points of law, of custom, and of form, and so far to assist the prisoner as to elicit a full statement of the facts material to the defence. The proceedings of general courts-martial held at home are trans-mitted by the officiating judge advocate to the judge advoc...
Advocate
Advocate, [Lat. Advocatus], a patron of a cause assisting his client with advice, and pleading for him. He is defined by Ulpian (Dig. 50, tit. 13) to be any person who aids another in the conduct of a suit or action. The term is at the present day confined to persons professionally conducting cases in Court, i.e., Barristers and Solicitors (q.v.).In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of acting as counsel. They were members of a college situate at Doctor's Commons, incorporated by charter, June 22, 8 Geo. 3, under the title of 'The College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts,' and had, previously to their admission to that college, taken the degree of Doctor of Laws at an English university. The jurisdiction of the Ecclesiastical Courts in matters matrimonial and testamentary was in 1857 transferred to the Court for Divorce and Matrimo...
counsel
counsel pl: counsel [Old French conseil advice, from Latin consilium discussion, advice, council, from consulere to consult] : lawyer : as a : a lawyer participating in the management or trial of a case in court […to have the assistance of for his defense "U.S. Constitution amend. VI"] [a right to ] b : a lawyer appointed or engaged to advise or represent a client in legal matters (as negotiations or the drafting of documents) compare attorney NOTE: A judge who has acted as counsel in a matter (as by advising an investigator) is disqualified from hearing the case. of counsel 1 : assisting another lawyer in a case [was attorney of counsel] 2 : employed on a part-time basis [a tax attorney will move also and become of counsel "National Law Journal"] vt -seled or: -selled -sel·ing or: -sel·ling : advise ...
ineffective assistance of counsel
ineffective assistance of counsel :representation of a criminal defendant that is so flawed as to deprive the defendant of a fair trial [claimed ineffective assistance of counsel following his conviction] called also ineffective assistance NOTE: Ineffective assistance of counsel is a violation of the guarantee of the assistance of counsel that is provided in the Sixth Amendment to the U.S. Constitution. A claim of ineffective assistance of counsel may be brought as a result of government interference with the attorney-client relationship that precludes effective representation, as when an informant is present during conversations between the attorney and the defendant. The existence of a conflict of interest on the part of the attorney may also be the basis for a claim. Most claims are, however, based on the attorney's failure to provide competent representation. Competent representation does not require the best representation, only a performance that is reasonable under prevailin...
Conveyancing counsel
Conveyancing counsel. The Lord Chancellor may nominate any number of conveyancing counsel in actual practice, not less than six who have practised as such for ten years at least, to be the conveyancing counsel upon whose opinion the court or any judge thereof may act; see (English) Court of Chancery Act, 1852 (15 & 16Vict. c. 80), s. 40; Dan. Ch. Pr. No special provision is made for these counsel by the (English) Jud. Acts, 1873 and 1875; except in so far as they can retain their offices as officers of a court whose jurisdiction is transferred to the Supreme Court [(English) Jud. Act, 1873, ss. 77 et seq.]. See now (English) Judicature Act, 1925, s. 217. See R.S.C. 1883, Ord. LI., rr. 7 to 13....
Queen's Counsel
Queen's Counsel (abbreviated Q.C.). See KING'S COUNSEL (abbreviated K.C.). All Queen's Counsel at the death of the late Queen Victoria became King's Counsel without any new appointment....
advocate
advocate [Latin advocatus adviser to a party in a lawsuit, counselor, from past participle of advocare to summon, employ as counsel, from ad to + vocare to call] 1 : a person (as a lawyer) who works and argues in support of another's cause esp. in court 2 : a person or group that defends or maintains a cause or proposal [a consumer ] [ad-və-kāt] vb -cat·ed -cat·ing vt : to argue in favor of vi : to act as an advocate [shall for minority business "V. M. Rivera"] ...
independent counsel
independent counsel : an official appointed by the court at the request of the U.S. Attorney General to investigate and prosecute criminal violations by high government officials, members of Congress, or directors of a presidential reelection campaign after a preliminary investigation by the Attorney General finds specific and credible evidence that a crime may have been committed NOTE: The use of an independent counsel was codified in the Ethics in Government Act of 1978 and is designed to ensure an impartial investigation (as when the Attorney General would face a conflict of interest). The independent counsel was formally called a special prosecutor until 1983. ...
judge advocate
judge advocate pl: judge advocates 1 : an officer serving under the Judge Advocate General 2 : an officer charged with administering military justice (as by acting as legal counsel or conducting an appellate review) ...
Advocate, Lord
Advocate, Lord, the principal Crown Lawyer in Scotland, and one of the great Officers of State of Scotland. It is his duty to act as public prosecutor; but private individuals injured may prosecute upon obtaining his concurrence. He is assisted by a Solicitor-General and four junior counsel, termed advocates-depute. He has the power of appearing as public prosecutor in any Court in Scotland where any person can be tried for an offence, or in any action where the Crown is interested, but it is not usual for him to act in the inferior Courts, which have their respective public prosecutors, called procurators-fiscal, acting under his instructions. He does not, in prosecuting for offences, require the intervention of a grand jury, except in prosecutions for treason, which are conducted according to the English method. Until the creation of the office of Secretary for Scotland the Lord Advocate was virtually Secretary of State for Scotland. Consult Omond's Lord Advocates of Scotland....
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