1.

counsel
An attorney or lawyer. The rendition of advice and guidance concerning a legal matter,
contemplated form of argument, claim, or action.The terms counsel and advise are frequently
employed as synonyms for the term aid and abet to describe a person who, while not actually
performing a criminal act, induced its performance or contributed to it.
The term junior counsel refers to the younger member of the team of attorneys retained on the
same side of a case, or the one lower in the hierarchy of the firm, or one who is assigned to the
preparation or trial of less significant aspects of the case.
The term of counsel refers to the description given to an attorney who is not the principal lawyer
in charge of a case but who merely contributes his advice on the way it should be handled.
Where of counsel follows an attorney's name on a letterhead or office sign, this designation
indicates that the person is employed by the firm primarily as a consultant on specialized matters,
not as a full-time partner or associate.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All
rights reserved.
counsel
1) n. a lawyer, attorney, attorney-at-law, counsellor, counsellor-at-law, solicitor, barrister,
advocate or proctor (a lawyer in admiralty court), licensed to practice law. In the United States
they all mean the same thing. 2) v. to give legal advice. 3) v. in some jurisdictions, to urge
someone to commit a crime, which in itself is a crime
2. Practice

of Law

The professional tasks performed by lawyers in their offices or in court on a day-to-day basis.
With the growth of specialization, it has become difficult to generalize about the practice of law.
Nevertheless, common elements can be identified in the disparate typical workday of, for
example, a criminal defense attorney and a probate attorney.
The practice of law depends on lawyers having clients. Therefore, lawyers must spend time with
clients or potential clients. In these meetings lawyers are expected to do more than just listen to
their clients' concerns and desires. Lawyers must ask questions that help identity the legal issues
at stake and use the answers to make an initial assessment of the case. If the legal and factual
issues are simple a lawyer may be able to offer the client legal advice. If the issues are more
complex or the facts are unclear the lawyer will defer offering advice. At the end of the meeting
the client or the lawyer may decide they do not want to pursue the matter any further. If they
agree to proceed, however, the client will often sign a retainer agreement that specifies what the
lawyer will charge and how payments will be made.
Once a legal problem or issue has been identified the lawyer must act on the client's behalf and
research the law of the state or jurisdiction. If the client wants a will or contract prepared, the

lawyer will draft the document. If the client has a dispute with a party, the lawyer may contact
that party or the party's attorney, to discuss the situation. If the problem cannot be resolved
informally the lawyer may file a civil lawsuit with a local court and begin the litigation process.
These types of actions are mirrored in the Criminal Law, where prosecutors represent the state
and defense lawyers represent those persons charged with crimes. If a criminal matter cannot be
resolved through a plea bargain, the case must be tried in court.
The practice of law is most public when a matter is tried before a court. In both civil and criminal
hearings and trials, lawyers must understand rules of procedure and evidence. Lawyers select
jurors, challenge the introduction of evidence, make arguments to the judge and jury, propose
jury instructions and do whatever is necessary to represent their clients. Lawyers also may file
appeals on behalf of their clients if they lose in the trial court. Appeals require the preparation of
a brief and oral argument in front of appellate judges.
An overlooked part of the practice of law is the collection of money on behalf of the client. Once
a court issues a final judgment awarding damages, court costs, and attorneys' fees, an attorney
must secure payment from the other party. If the party fails to pay the judgment the attorney can
garnish the wages of the party and attach the party's Personal Property in order to obtain the
money to which the client is legally entitled.