Also known as:advise · advises · advised · advising · advisare · legal advice
Written by attorneys · grounded in primary & secondary sources — see below
Guidance offered by one person to another, especially legal guidance provided by a lawyer or other professional to a client or principal.
Sources & Authorities
How it applies
Common Examples
6
President Seeks Written Opinions
The President directed the Secretary of Defense to submit a written assessment of military readiness for an upcoming operation. The Secretary prepared and delivered the assessment as requested. The document supplied the President with the information needed to fulfill constitutional responsibilities.
Subpoena Advises Corporation
Plaintiff served a subpoena on Aether Technologies describing the topics for examination. The notice informed the company of its obligation to confer and designate witnesses. Aether Technologies then selected officers to testify on its behalf.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Judge Anita Ali reviewed a proposed contract for her adult child without charging a fee. She limited her involvement to informal review and did not appear in court on the child's behalf. The conduct complied with the prohibition on practicing law while permitting limited family assistance.
Lawyer Seeks Ethics Guidance
Attorney Alexandra Armstrong contacted outside counsel to discuss whether a proposed disclosure would violate confidentiality rules. The consultation addressed only the lawyer's own compliance obligations. The discussion remained protected from compelled disclosure.
Employee Communicates for Legal Advice
An engineer at Astra Aerospace sent a report to in-house counsel at the direction of a supervisor. The report described potential regulatory violations and requested an assessment of liability. The communication qualified for protection under the attorney-client privilege.
Defendant Advises Crime Commission
Antonio Alvarado urged his associate to falsify records to conceal inventory shortages. The statements were made with the intent that the associate commit the offense. The solicitation was complete upon the making of the statements regardless of whether the associate acted.
Common questions
Frequently Asked
4
When may a lawyer disclose client information to obtain advice about the lawyer's own ethical obligations?+
A lawyer may disclose information to secure legal advice about compliance with the rules of professional conduct. The disclosure is limited to what is necessary for that purpose.
Does a judge violate the prohibition on practicing law by giving informal advice to a family member?+
A judge may give legal advice to and draft or review documents for a family member without compensation. The judge may not serve as the family member's lawyer in any forum.
What communications between corporate employees and counsel receive attorney-client protection?+
Communications made by employees to corporate counsel at the direction of superiors for the purpose of securing legal advice are privileged. The protection extends beyond senior management to all employees acting within that scope.
What intent is required for criminal solicitation when a defendant advises another person?+
The defendant must act with the specific intent that the person solicited actually commit the crime. Mere general approval of criminal conduct does not satisfy the requirement.
5 U.S. (1 Cranch) 137 (1803)Property
…had been given to Mr. Madison; that Mr. Adams, the late President, nominated the applicants to the Senate; that the Senate advised and consented to the appointments; that commissions in due form were signed by the President and the seal of the United States affixed by the Secretary of State; that the applicants had…