Also known as:attorney · attorneys · attorney's · attorneys' · lawyer · counsel
Written by attorneys · grounded in primary & secondary sources — see below
A licensed professional authorized to provide legal advice, represent clients in legal proceedings, and perform other functions requiring specialized legal training.
Sources & Authorities
How it applies
Common Examples
6
Defendant Requests Appointed Counsel
Andre Antoine faces felony charges in federal court and lacks funds to hire representation. The judge appoints counsel to assist with his defense at trial. The appointment satisfies the constitutional guarantee that allows the accused to have assistance in presenting a defense.
Attorney Signs Complaint
Abigail Alvarez, an attorney of record, files a civil complaint on behalf of her client. She includes her name, address, email, and telephone number on the pleading. The court accepts the document because it bears the required signature of counsel.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Arthur Abrams discusses a potential plea with the prosecutor through his attorney. The talks end without a guilty plea. At trial the government cannot introduce statements made during those discussions to prove guilt.
Judge Declines Family Representation
A sitting judge receives a request from a sibling to serve as counsel in a contract dispute. The judge provides informal advice but refuses to appear in court or file papers on the sibling's behalf.
Lawyer Discloses Client Fraud
Amelia Amari learns that her client submitted false evidence in an ongoing civil trial. She first asks the client to correct the record. When the client refuses, she discloses the falsity to the court to prevent further use of the fraudulent material.
Corporate Employee Communicates With Counsel
An employee at Atlas Ventures, acting at a supervisor's direction, emails in-house counsel about facts relevant to a threatened lawsuit. The company later asserts privilege over the email when opposing counsel seeks discovery.
Common questions
Frequently Asked
6
Does the Sixth Amendment right to counsel apply in civil cases?+
No. The constitutional guarantee of assistance of counsel applies only in criminal prosecutions. Civil litigants generally must retain their own counsel or proceed pro se.
What happens if an attorney fails to sign a pleading under Rule 11(a)?+
The court must strike the unsigned paper unless the omission is promptly corrected after being called to the attorney's attention.
Are statements made during unsuccessful plea negotiations admissible at trial?+
No. Rule 410 generally excludes statements made during plea discussions with a prosecutor when the discussions do not result in a guilty plea or the plea is later withdrawn.
May a judge represent family members in court?+
No. A judge is prohibited from serving as a family member's lawyer in any forum, although the judge may give informal advice or draft documents without compensation.
What must a lawyer do upon learning of client fraud in a proceeding?+
The lawyer must take reasonable remedial measures, which may include disclosure to the tribunal if necessary to correct the fraud.
Does the attorney-client privilege extend only to communications with senior corporate officers?+
No. The privilege protects communications between corporate counsel and any corporate employee when the communications are made at the direction of superiors for the purpose of securing legal advice.
5 U.S. (1 Cranch) 137 (1803)Property
…term, 1801, William Marbury, Dennis Ramsay, Robert Townsend Hooe, and William Harper, by their counsel Charles Lee, late Attorney General of the United States, severally moved the court for a rule to James Madison, Secretary of State of the United States, to show cause why a mandamus should not issue commanding him to…