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Legal Definitions - counsel
Definition of counsel
The term counsel has two primary meanings in a legal context:
- As a verb, "to counsel" means to provide legal advice, guidance, or instruction to someone regarding a specific legal matter.
- As a noun, "counsel" refers to a lawyer or legal professional who provides such advice, represents clients, or acts on their behalf in legal proceedings.
In essence, it encompasses both the act of giving legal guidance and the person who gives it.
Examples:
Example 1 (Verb - providing legal advice): A startup company is developing a new mobile application and needs to understand the privacy regulations and data protection laws in various countries. They hire a legal expert to explain these complex requirements and advise them on how to structure their app's terms of service and data handling policies.
Explanation: In this scenario, the legal expert's act of explaining the regulations and guiding the startup on compliance is an example of "to counsel." They are providing specific legal advice and instruction to the company.
Example 2 (Noun - the lawyer): A homeowner discovers a significant defect in their newly purchased house shortly after moving in and believes the seller misrepresented the property's condition. They decide to hire a lawyer to help them pursue a claim against the seller.
Explanation: The lawyer the homeowner hires to represent them in this property dispute is referred to as their "counsel." This usage refers to the legal professional themselves.
Example 3 (Noun - collective legal advice/team): A non-profit organization is planning a major fundraising campaign and wants to ensure all its promotional materials and activities comply with state and federal charity solicitation laws. They consult with their internal legal department to review their plans.
Explanation: The legal department, or the specific lawyers within it who review the campaign and provide guidance on compliance, collectively serve as the organization's "counsel." The advice and strategic input they offer are also considered "counsel."
Simple Definition
Counsel refers to the act of providing legal advice or guidance on a specific matter. It also describes a lawyer who offers such advice and represents clients in legal proceedings.