Legal Definitions - uncounseled

The term uncounseled describes a situation or action taken by an individual who does not have the benefit, participation, or advice of a legal professional. It means proceeding or acting without legal representation.

Here are some examples to illustrate this concept:

• Example 1: Small Claims Court Appearance
  Imagine a person suing a dry cleaner in small claims court for damaging an expensive suit. If this individual chooses to present their case, argue their points, and question witnesses entirely on their own, without hiring or consulting with an attorney, their actions in court would be considered uncounseled. They are navigating the legal process without professional legal guidance.

• Example 2: Signing a Settlement Agreement
  Consider an employee who is offered a severance package and a settlement agreement by their former employer. If the employee reviews and signs this complex legal document without first having an employment lawyer explain its terms, potential waivers of rights, and long-term implications, their decision to sign would be an uncounseled act. They are making a significant legal commitment without the benefit of legal advice.

• Example 3: Responding to a Disciplinary Board
  Suppose a licensed professional, such as an architect, receives a complaint from a client and is asked to respond to their state's professional licensing board. If the architect drafts their written response and attends any subsequent hearings to defend themselves without engaging an attorney specializing in professional ethics or administrative law, their defense and statements to the board would be considered uncounseled. They are handling a potentially career-impacting legal matter without expert legal assistance.