Also known as: legal representations · representation by counsel · right to counsel
Written by attorneys · grounded in primary & secondary sources — see below
The provision of advice and advocacy by a licensed attorney acting on behalf of a client in legal matters. A party has access to such representation when given reasonable opportunity to retain counsel of choice and receive that counsel's guidance before taking action that affects legal rights.
Lola Langley was arrested and invoked her right to counsel during custodial questioning. The next day a different officer approached her in jail without providing counsel and resumed questioning about the same offense. Her later statements were obtained in violation of the rule that bars reinitiation once the right has been clearly asserted.
Logan Lane presented a premarital agreement to Leah Lamb two days before their wedding and gave her no time or resources to consult an attorney. Lamb signed without independent counsel. The agreement is unenforceable because she lacked access to independent legal representation.
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Luis Lopez asked Lila Lin to sign a waiver of her elective share rights the day before their marriage. Lin had no opportunity to retain her own lawyer. The waiver is unenforceable because she did not have access to independent legal representation.
Lamar Lewis agreed to serve as a gestational surrogate for Legacy Motors executives. The contract was prepared by the intended parents' lawyer and Lewis received only a written notice that he could hire separate counsel. Because Lewis never obtained independent legal representation of his choice, the agreement fails a statutory prerequisite.
Lakewood Manufacturing employees were shown a single photograph of a former worker suspected of theft. The employee identified the person in the photo. No Sixth Amendment violation occurred because photo arrays are not a critical stage requiring the presence of counsel.
Lone Peak Energy presented a marital agreement to Lattice Systems' CEO without providing any lawyer. The document contained only a generic waiver clause and no plain-language explanation of the rights being relinquished. The agreement is unenforceable for lack of the required notice or explanation when independent legal representation was absent.
No. Photo identifications are not considered a critical stage of prosecution under the Sixth Amendment, so counsel need not be present even after formal charges have been filed.
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A party has access if given reasonable time before signing to decide whether to retain a lawyer, to obtain the lawyer's advice, and to consider that advice.
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Once the Miranda right to counsel is clearly invoked, police must cease interrogation and may not reinitiate questioning about any offense until counsel is provided or the suspect initiates further communication and validly waives the right.
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Yes. The prospective surrogate must have independent legal representation of her choice throughout the arrangement regarding the terms and legal consequences of the agreement.
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…to the 17th Detective Squad headquarters in Manhattan where he was interrogated for several hours. He was not advised of his right to counsel. A detective testified that the defendant had confessed to the robbery. This confession was admitted at trial and the defendant was convicted. In Westover v. United States , the defendant…