Also known as: attorneys · attorney's · attornatus · lawyer · counsel · solicitor
Written by attorneys · grounded in primary & secondary sources — see below
A licensed practitioner authorized to practice law and represent clients in legal matters. The role carries duties of competence, loyalty, and candor imposed by professional conduct rules and court procedures.
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Albert Allen faces federal charges and appears before the magistrate without representation. He informs the court that he cannot afford a lawyer and asks for appointed counsel. The court appoints an attorney to represent him at all critical stages of the prosecution.
Ava Adebayo sues Arcadia Retail for breach of contract. Her attorney of record reviews the complaint and signs it with his name, address, email, and telephone number before filing. The court accepts the signed document as properly presented under the rules.
Alexis Archer is charged with fraud and meets with the prosecuting attorney to discuss a possible plea. During the meeting she makes statements about the facts of the case. When the discussions fail to produce a plea, those statements remain inadmissible at trial.
A sitting judge receives a request from a sibling to serve as counsel in a contract dispute. The judge declines the request and instead refers the sibling to another attorney. The judge may still provide uncompensated document review but cannot appear as the family member's lawyer in court.
Aisha Ahmed represents a client in a civil fraud action and learns that the client has submitted false documents to the court. The lawyer first urges the client to correct the record. When the client refuses, the lawyer discloses the falsity to the tribunal to prevent ongoing fraud on the court.
Avalon Pharmaceuticals faces a regulatory investigation. Its in-house counsel interviews several mid-level employees at the direction of senior management to gather facts for legal advice. The communications remain protected by attorney-client privilege even though the employees are not part of the control group.
A lawyer may decline when accepting the appointment would likely impose an unreasonable financial burden or force a violation of professional conduct rules such as conflicts or confidentiality duties.
The Sixth Amendment right to the assistance of counsel applies in all criminal prosecutions where imprisonment is imposed, including misdemeanors that result in jail time.
The attorney must take reasonable remedial measures, which may include urging the client to correct the record and, if necessary, disclosing the fraud to the tribunal.
…term, 1801, William Marbury, Dennis Ramsay, Robert Townsend Hooe, and William Harper, by their counsel Charles Lee, late Attorney General of the United States, severally moved the court for a rule to James Madison, Secretary of State of the United States, to show cause why a mandamus should not issue commanding him to…