Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Assigned counsel
see counsel. Assigned risk. See risk.
Assistance of counsel
representation by a lawyer, esp. In a criminal case. See right to counsel.
Counsel
n. 1. Advice or assistance <the lawyer's counsel was to petition immediately for a change of immigration status>. 2. One or more lawyers who represent a client <the client acted on advice of counsel>. - In the singular, also termed counselor. Cf. ATTORNEY; LAWYER. 3. English law. A member of the bar; BARRISTER.
Counselor
See COUNSEL (2).
Effective assistance of counsel
a conscientious, meaningful legal representation, whereby the defendant is advised of all rights and the lawyer is given reasonable opportunity to perform assigned tasks.
General Counsel's Memorandum
Tax law. 1. A written discussion, issued by the office of the Chief Counsel of the IRS, on the merits of a legal issue involving tax law. 2. A written explanation, issued by the office of the Chief Counsel of the IRS, explaining the IRS's positions in revenue rulings and technical advice memorandums. general count. See COUNT.
Ineffective assistance of counsel
a representation in which the lawyer cannot devote full effort to the defendant, usu. Because of a conflict of interest.
King's Counsel
In the United Kingdom, Canada, and territories that have retained the rank, an elite, senior-level barrister or advocate appointed to serve as counsel to the king. - Also termed senior counsel. - Abbr. K.C. Cf. QUEEN'S COUNSEL.
Queen's Counsel
See QUEEN'S COUNSEL.
Uncounseled
adj. Without the benefit or participation of legal counsel <an uncounseled conviction> <an uncounseled defendant>.
advice of counsel
the guidance given by lawyers to their clients. 2. in a malicious-prosecution lawsuit, a defense requiring both a complete presentation of facts by the defendant to his or her attorney and honest compliance with the attorney's advice. 3. a defense in which a party seeks to avoid liability by claiming that he or she acted reasonably and in good faith on the attorney's advice. ( such a defense usu. requires waiver of the attorney-client privilege, and the attorney cannot have knowingly participated in implementing an illegal plan. "advice of counsel is a defense to a limited number of torts involving lack of probable cause, bad faith, or malice as an element of the cause of action. by far the most frequent cause of action against which the defense is asserted is malicious prosecution. the defense may also be asserted to avoid liability for punitive damages on the reasoning that good faith reliance on advice of counsel defeats the malice necessary to an award of punitive damages. in civil matters, the advice is typically obtained from the defendant's own attorney; when the underlying proceeding is criminal, the advice may be obtained from the district attorney's office or similar source and may take the form of action by that officer rather than advice followed by action by the defendant." 4 ann taylor schwing, california affirmative defenses ยง 41:26, at 82 (2d ed. 1996).
advisory counsel
An attorney retained merely to give advice on a particular matter, as distinguished from one (such as trial counsel) actively participating in a case.
appellate counsel
A lawyer who represents a party on appeal. ( The term is often used in contrast with trial counsel.
assigned counsel
An attorney appointed by the court to represent a person, usu. an indigent person. - Also termed court-appointed attorney.
city counsel
See CITY ATTORNEY.
conveyancing counsel
Three to six lawyers who are appointed by the Lord Chancellor to assist the High Court of Justice with opinions in matters of property titles and conveyancing. - Also termed conveyancing counsel of the Supreme Court; (formerly) conveyancing counsel to the Court of Chancery.
corporate counsel
An in-house attorney for a corporation.
corporation counsel
A city attorney in an incorporated municipality.
counsel and procure
See AID AND ABET,
counsel o f record
See ATTORNEY OF RECORD.
counsel of record
See ATTORNEY OF RECORD.
counsel, assistance of
See ASSISTANCE OF COUNSEL.
counsel, right to
See RIGHT TO COUNSEL.
defense counsel
See DEFENSE ATTORNEY.
effective assistance of counsel
See ASSIS:CE OF COUNSEL.
general counsel
1 A lawyer or law firm that represents a client in all or most of the client's legal matters, but that sometimes refers extraordinary matters - such as litigation and intellectual-property cases - to other lawyers. 2. The most senior lawyer in a corporation's legal department, usu. also a corporate officer.
house counsel
See in-house counsel.
house counsel.
See in-house counsel under COUNSEL.
in-house counsel
One or more lawyers employed by a company. - Also termed house counsel.
independent counsel
An attorney hired to provide an unbiased opinion about a lawsuit or to conduct an impartial investigation; esp., an attorney appointed by a governmental branch or agency to investigate alleged misconduct within that branch or agency. See special prosecutor under PROSECUTOR. Cf special counsel.
ineffective assistance of counsel
See Asses TANCE OF COUNSEL.
junior counsel
1 The younger or lowerranking of two or more attorneys employed on the same side of a case, esp. someone charged with the less important aspects of the case. 2. English law. The barrister who assists Queen's Counsel.
lead counsel
1 The more highly ranked lawyer if two or more are retained; the lawyer who manages or controls the case or cases, esp. in class actions or multidistrict litigation. - Also termed senior counsel; attorney in charge. 2. QUEEN'S COUNSEL. - Also termed leading counsel.
leading counsel
See lead counsel under COUN. SEL.
legislative counsel
A person or group charged with helping legislators fulfill their legislative duties, as by performing research, drafting bills, and the like.
of counsel
1 A lawyer employed by a party in a case; esp., one who - although not the principal attorney of record - is employed to assist in the preparation or management of the case or in its presentation on appeal. 2. A lawyer who is affiliated with a law firm, though not as a member, partner, or associate.
right to counsel
A criminal defendant's constitutional right, guaranteed by the Sixth Amendment, to representation by a court-appointed lawyer if the defendant cannot afford to hire one. - Also termed access to counsel See ASSISTANCE OF COUNSEL
senior counsel
1 See lead counsel. 2. See KING'S COUNSEL; QUEEN'S COUNSEL.
special counsel
See COUNSEL.
standby counsel
An attorney who is ap- pointed to be prepared to represent a pro se criminal defendant if the defendant's self- representation ends. 9 The standby counsel may also provide some advice and guidance to the defendant during the self-representation. - Also termed advisory counsel.
trial counsel
1 A lawyer who represents a party at trial. ( The term is often used in contrast with appellate counsel. 2. Military law. The person who prosecutes a case on the government's behalf.
withdrawal of counsel
An attorney's termination of his or her role in representing a party in a lawsuit. ( An attorney usu. must obtain the court's permission to withdraw from a case. Such permission is usu. sought by a written motion (1) explaining the reason for the requested withdrawal (often, a conflict between attorney and client over a matter such as strategy or fees), and (2) stating whether the client agrees.