I can easier teach twenty what were good to be done, than be one of the twenty to follow mine own teaching.
William Shakespeare
The best receipt—best to work and best to take—is the admonition of a friend.
Bacon
Consult your friend on all things, especially on those which respect yourself. His counsel may then be useful, where your own self-love might impair your judgment.
Seneca
Let no man value at little price a virtuous woman's counsel.
George Chapman
Category:Discourse
A
counsel or a
counselor gives advice, more particularly in
legalLaw is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
matters.
U.K. and Ireland
The legal system in England uses the term
counsel as an approximate synonym for a
barrister-at-lawBarristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. -Origin of the profession:The work of senior legal professionals in England and Wales...
, and may apply it to mean either a single person who
pleadIn law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
s a cause, or collectively, the body of
barristerA barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s engaged in a
caseA legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
. It seems uncertain as to whether the term also applies to a
solicitor advocateSolicitor advocate is the title used by a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or in Scotland.-Origin:...
. Some judges and lawyers apply the term interchangeably between both barristers and solicitor advocates.
The difference between "Barrister" and "Counsel" is subtle. "Barrister" is a professional title awarded by one of the four
Inns of CourtThe Inns of Court in London are the professional associations for barristers in England and Wales. All such barristers must belong to one such association. They have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional...
, and is used in a barrister's private, academic or professional capacity. "Counsel" is used to refer to a barrister who is instructed on a particular case. It is customary to use the third person when addressing a barrister instructed on a case: "Counsel is asked to advise" rather than "You are asked to advise".
The legal term
counselor, or more fully,
counselor-at-law, became practically obsolete in England, but continued in use locally in
IrelandIreland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
as an equivalent to
barrister, where a
Senior Counsel (S.C.) is equivalent to the English
Queen's CounselQueen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(Q.C.)
North America
In the United States of America, the term
counselor-at-law designates, specifically, an attorney admitted to practice in all courts of law; but as the United States legal system makes no formal division of the legal profession into two classes, as in the United Kingdom, and most US citizens use the term loosely in the same sense as
lawyerA lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, meaning one who is versed in (or practicing)
lawLaw is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
.
In the United States and
CanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, many large and midsize law firms have lawyers with the job title of "counsel", "special counsel" or "
of counselOf counsel is often the title of an attorney who is employed by a law firm or an organization, but is not an associate or a partner. Some firms use titles like "counsel," "special counsel," and "senior counsel" for the same concept...
". These lawyers are employees of the firm like associates, although some firms have an independent contractor relationship with them. But unlike associates, and more like partners, they generally have their own clients, manage their own files, and supervise associates.
(For more information, see the Law firmA law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
article.)
See also
- Attorney at law
- Council
-In politics:* Borough council, a form of local government* City council, a form of local government* Community council, the most local official representative bodies in Scotland and Wales...
- Ineffective assistance of counsel
Ineffective assistance of counsel is an issue raised in legal malpractice suits and in appeals in criminal cases where a criminal defendant asserts that their criminal conviction occurred because their attorney failed to properly defend the case...