Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Assistance of counsel
representation by a lawyer, esp. In a criminal case. See right to counsel.
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.
Ineffective assistance of counsel
a representation in which the lawyer cannot devote full effort to the defendant, usu. Because of a conflict of interest.
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).
effective assistance of counsel
See ASSIS:CE OF COUNSEL.
ineffective assistance of counsel
See Asses TANCE OF COUNSEL.
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.
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.