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Simple English definitions for legal terms
advice of counsel
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A quick definition of advice of counsel:
Advice of counsel refers to the guidance given by lawyers to their clients. It can be used as a defense in certain legal cases, such as malicious prosecution or wrongful litigation, where the defendant must show that they honestly followed their attorney's advice. This defense can also be used to avoid liability or punishment by claiming that the defendant acted reasonably and in good faith on their attorney's advice. However, the attorney cannot have knowingly participated in implementing an illegal plan.
A more thorough explanation:
Definition: Advice of counsel refers to the guidance given by lawyers to their clients. It can also be used as a defense in certain legal cases where a party seeks to avoid liability or punishment by claiming that they acted reasonably and in good faith on the advice of their attorney.
Examples:
- In a malicious-prosecution lawsuit, a defendant may use the defense of advice of counsel if they can prove that they provided their attorney with all the necessary information and followed their advice honestly.
- If a person is accused of a crime, they may use the defense of advice of counsel if they can prove that they acted in good faith on the advice of their attorney and did not knowingly participate in an illegal plan.
These examples illustrate how advice of counsel can be used as a defense in legal cases. It is important to note that this defense is not always successful and requires the waiver of attorney-client privilege.