Legal Definitions - counter

Historically, a counter was a legal professional who acted as an advocate or pleader for clients in court. Their primary function involved orally presenting, or "counting," a client's case, arguments, and legal points before a judge or other judicial authority. This term refers to an early form of legal representative, similar to what we would now call a lawyer or barrister, specializing in verbal argumentation.

Here are some examples illustrating the role of a historical "counter":

• Imagine a scenario in 14th-century England where a local farmer, unable to read or write, found himself in a dispute with a neighboring landowner over the boundaries of their fields. Instead of attempting to argue his case himself before the manor court, the farmer would hire a counter. This professional would then stand before the court and orally recite the farmer's claim, detailing the historical use of the land, the agreed-upon markers, and the alleged encroachment, effectively speaking on the farmer's behalf.

  This illustrates the counter as a professional pleader who articulates a client's legal position in a formal setting, especially when the client lacked the necessary skills or knowledge to do so themselves.

• Consider a wealthy merchant in medieval London who had a complex contractual disagreement with a supplier regarding a large shipment of damaged goods. Rather than navigating the intricacies of legal procedure and argumentation personally, the merchant would engage a counter. This legal expert would then appear before the King's Bench, meticulously "counting" or reciting the terms of the broken agreement, the evidence of the damaged merchandise, and the legal basis for the merchant's claim for compensation, presenting a coherent and persuasive argument to the court.

  Here, the counter acts as an advocate, translating complex commercial disputes into clear, persuasive oral arguments, demonstrating their specialized role in representing clients in significant legal matters.

• In a dispute over an inheritance following the death of a prominent noble, several distant relatives might challenge the will, claiming a closer lineage or a more legitimate right to the estate. The primary heir, perhaps a young woman unfamiliar with legal proceedings and the detailed history of her family's claims, would retain a counter. This professional would then orally present her family tree, the validity of the existing will, and the legal precedents supporting her inheritance rights to the court, defending her claim against the challengers through detailed recitation and argument.

  This example shows the counter as a professional who "pleads" a client's case, presenting factual and legal arguments to secure their rights, particularly in matters of inheritance where detailed oral recitation of lineage and legal documents would be crucial.