COUNSEL - Black's Law Dictionary

What is COUNSEL? Definition of COUNSEL in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

1. In practice. An advocate, counsellor, or pleader.  3 Bl.Comm. 26; 1 Kent, Comm. 307. One who assists his client with advice, and pleads  for him in open  court.  One who has been admitted as an attorney and  counsellor at law. Baker v. State, 9 Okl.Cr. 62, 130 P. 820, 821. See Counsellor.

Counsellors who are associated with those regularly retained in a cause, either for the purpose of advising as to the points  of law involved, or preparing the case on its legal side, or arguing  questions of law to the court, or preparing  or conducting the case on its appearance before an appellate tribunal, are said to be "of counsel."

  1. Knowledge. A grand jury is sworn to keep secret "the  commonwealth's counsel, their fellows', and their own."
  2. Advice given by one  person to another in regard to a proposed line of conduct, claim, or contention. State v. Russell, 83 Wis. 330, 53 N.W. 441.

The  words "counsel" and  "advise" may be,  and  frequently are, used in criminal law to describe the offense of a person who, not actually  doing the felonious  act, by his will contributed to it or procured it to be done.  Omer  v. Corn., 95 Ky. 353, 25 S.W. 594.

Counsel's signature. This is required, in some jurisdictions, to be affixed to pleadings, etc.,  as affording the court a means of judging whether they are interposed in good  faith  and upon  legal grounds. It has been held that the word "counsel" in this  connection denotes a person capable of testifying, and that a certificate bearing only the firm signatures of partnerships of attorneys is insufficient. Benedict v. Seiberling, D.C.,  17 F.2d 831, 838.

Junior counsel.  The younger  of the counsel  employed on the same side of a case, or the one lower in standing or rank,  or who is intrusted with the less important parts of the preparation or trial of the cause.

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That's the definition of COUNSEL in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of