Legal Definitions - pro consilio impendendo

Pro consilio impendendo is a Latin legal phrase that translates to "for counsel to be given." It describes a specific type of contractual agreement where one party commits to providing ongoing legal advice or services to another party. In exchange for this commitment, the party receiving the advice agrees to make regular, periodic payments, often for a specified duration or for life. This series of regular payments is known as an annuity. Essentially, it outlines a long-term arrangement for legal services compensated through a consistent stream of installments.

Here are some examples to illustrate this concept:

• Corporate Retainer for Ongoing Advice: A growing technology startup, anticipating frequent legal questions regarding intellectual property, contracts, and regulatory compliance, enters into a specialized agreement with a law firm. Under this agreement, the law firm commits to providing continuous legal consultation and advice on an as-needed basis for the next five years. In return, the startup agrees to pay the law firm a fixed monthly fee.

  How this illustrates the term: The law firm's commitment to provide ongoing legal consultation represents the "counsel to be given." The fixed monthly fee paid by the startup acts as the regular, periodic payment, akin to an annuity, for this continuous legal service.

• Estate Planning and Trust Management: An individual with a complex estate and multiple trusts seeks long-term legal oversight and guidance. They establish a formal arrangement with a specialized legal practice where the firm commits to regularly reviewing, updating, and advising on their estate plan, trust administration, and tax implications for the remainder of their life. In exchange, a designated trust makes quarterly payments directly to the law firm.

  How this illustrates the term: The legal practice is committed to providing continuous legal "counsel" regarding estate planning and trust management. The quarterly payments from the trust serve as the regular, periodic payments (annuity) for this enduring commitment to legal advice.

• Non-Profit Advisory Services: A newly established charitable foundation, needing consistent legal guidance on governance, fundraising regulations, and compliance, secures a long-term advisory agreement with a legal expert specializing in non-profit law. The expert agrees to serve on their advisory board, offering regular legal insights and strategic advice for the next ten years. In return, the foundation commits to paying the expert a fixed annual stipend.

  How this illustrates the term: The legal expert provides "counsel to be given" by offering continuous legal insights and guidance to the foundation. The fixed annual stipend paid by the foundation functions as the regular, periodic payment (annuity) for this ongoing commitment to legal advisory services.