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A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in
legal Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a Socia ...
matters. It is a title often used interchangeably with the title of ''
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
''. The word ''counsel'' can also mean advice given outside of the context of the legal profession.


UK and Ireland

The legal system in England uses the term ''counsel'' as an approximate synonym for a
barrister-at-law A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giv ...
, but not for a
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
, and may apply it to mean either a single person who pleads a cause, or collectively, the body of
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
s engaged in a
case Case or CASE may refer to: Instances * Instantiation (disambiguation), a realization of a concept, theme, or design * Special case, an instance that differs in a certain way from others of the type Containers * Case (goods), a package of relate ...
. The difference between "Barrister" and "Counsel" is subtle. In England and Wales, "Barrister" is a professional title awarded by one of the four
Inns of Court The Inns of Court in London are the professional associations for barristers in England and Wales. There are four Inns of Court: Gray's Inn, Lincoln's Inn, Inner Temple, and Middle Temple. All barristers must belong to one of them. They have s ...
, and is used in a barrister's private, academic or professional capacity. "Counsel" is used to refer to a barrister who is instructed on a particular case. It is customary to use the third person when addressing a barrister instructed on a case: "Counsel is asked to advise" rather than "You are asked to advise". However, it is considered inappropriate to address an individual barrister verbally as 'counsel'. The correct form is to call the barrister 'Mr X' or 'Miss Y' but never 'Counsel'. The legal term ''counsellor'', or more fully, ''counsellor-at-law'', became practically obsolete in England, but continued in use locally in
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
, as an equivalent to ''barrister'', where a ''Senior Counsel'' (S.C.) is equivalent to the UK
King's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
(K.C.) After they have graduated from University with a law degree, they become a 'junior counsel', their work normally is completing most of the paperwork in cases (such as drafting legal documents). After about 10 to 15 years of practising as a junior counsel, a barrister may apply to become a senior counsel. This is sometimes called "taking silk" this because the senior counsel's gown was traditionally made of silk. A senior counsel may have the letters SC after his/her name.


North America

In the
United States of America The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 states and a federal capital district, Washington, D.C. The 48 contiguo ...
, the term ''counselor-at-law'' designates, specifically, an attorney admitted to practice in all
courts of law A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts gene ...
; but as the United States legal system makes no formal division of the
legal profession Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first pass a bar examination after obtaining a law degree or some other form of l ...
into two classes, as in the United Kingdom, most US citizens use the term loosely in the same sense as ''
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
'', meaning one who is versed in (or practicing)
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
. In the United States and
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
, many large and midsize law firms have lawyers with the job title of "counsel", " special counsel" or "
of counsel Of counsel is the title of an attorney in the legal profession of the United States who often has a relationship with a law firm or an organization but is neither an associate nor partner. Some firms use titles such as "counsel", "special couns ...
". These lawyers are employees of the firm like associates, although some firms have an independent contractor relationship with them. But unlike associates, and more like partners, they generally have their own clients, manage their own files, and may supervise associates.


Non-legal usage

The word "counsel" also means advice given by a professional (psychology and social sciences, religious, academic, etc.) regarding the judgment or conduct of another.


See also

*
Attorney at law Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa (for certain lawyers), Sri Lanka, the Philippines, and the Unit ...
*
General counsel A general counsel, also known as chief counsel or chief legal officer (CLO), is the chief in-house lawyer for a company or a governmental department. In a company, the person holding the position typically reports directly to the CEO, and their ...
*
Ineffective assistance of counsel In United States law, ineffective assistance of counsel (IAC) is a claim raised by a convicted criminal defendant asserting that the defendant's legal counsel performed so ineffectively that it deprived the defendant of the constitutional right gu ...


References

{{Authority control Lawyers by type