COUNSEL, an officer of court. One who undertakes to conduct suits and actions
in court. The same as counsellor.
COUNSEL, practice, crim. law. In the oath of the grand jurors, there is a
provision requiring them to keep secret " the commonwealth's counsel, their
fellows, and their own." In this sense this word is synonymous with knowledge;
therefore, all the knowledge acquired by grand jurors, in consequence of their
office, either from the officers of the commonwealth, from their fellow-jurors,
or which they have obtained in any manner, in relation to cases which come
officially before them, must be kept secret. See Grand Jury.
COUNSELLOR, government. A counsellor is a member of a council. In some of the
states the executive power is vested in a governor, or a governor and
lieutenant governor, and council. The members of such council are called
counsellors. See the names of the several states.
COUNSELLOR AT LAW, offices. An officer in the supreme court of the United
States, and in some other courts, who is employed by a party in a cause, to
conduct the same on its trial on his behalf. He differs from an attorney at
law. (q. v.)
2. In the supreme court of the United States, the two degrees of attorney and
counsel are kept separate, and no person is permitted to practise both. It is
the duty of the counsel to draft or review and correct the special pleadings,
to manage the cause on trial, and, during the whole course of the suit, to
apply established principles of law to the exigencies of the case. 1 Kent, Com.
307.
3. Generally in the other courts of the United States, as well as in the courts
of Pennsylvania, the same person perform's the duty of counsellor and attorney
at law.
4. In giving their advice to their clients, counsel and others, professional
men have duties to perform to their clients, to the public, and to themselves.
In such cases they have thrown upon them something which they owe to the fair
administration of justice, as well as to the private interests of their
employers. The interests propounded for them ought, in their own apprehension,
to be just, or at least fairly disputable; and when such interests are
propounded, they ought not to be pursued per fas et nefas . Hag. R. 22.
5. A counsellor is not a hired person, but a mandatory; he does not render his
services for a price, but an honorarium, which may in some degree recompense
his care, is his reward. Doubtless, he is not indifferent to this remuneration,
but nobler motives influence his conduct. Follow him in his study when he
examines his cause, and in court on the trial; see him identify himself with
the idea of his client, and observe the excitement he feels on his account;
proud when he is, conqueror, discouraged, sorrowful, if vanquished; see his
whole soul devoted to the cause he has undertaken, and which he believes to be
just, then you perceive the elevated man, ennobled by the spirit of his
profession, full of sympathy for his cause and his client. He may receive a
reward for his services, but such things cannot be paid for with money. No
treasures can purcbase the sympathy and devotedness of a noble mind to benefit
humanity; these things are given, not sold. See Honorarium. 6. Ridley says,
that the law has appointed no stipend to philosophers and lawyers not because
they are not reverend services and worthy of reward or stipend, but because
either of them are most honorable professions, whose worthiness is not to be
valued or dishonored by money. Yet, in these cases many things are honestly
taken, whi ch are not bonestly asked, and the judge may, according to the
quality of the cause, and the still of the advocate, and the custom of the
court, and, the worth of the matter that is in hand, appoint them a fee
answerable to their place. View of the Civil and Eccles. Law, 38, 39.
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