Legal counsel

“ As an advocate in the Criminal Court, as counsel in the Civil Courts, as a cross-examiner in involved Equity suits, or in reducing complicated issues, he could dive into the depths of the sea of legal lore and bring out conclusive points in favour of his clients. ”

“ Whenever the head of a department or bureau gives the attorney general due notice that the interests of the United States require the service of counsel upon the examination of witnesses touching any claim, or upon the legal investigation of any claim, pending in such department or bureau, the attorney general shall provide for such service. ”

“ The practical value of argument by paid counsel on both sides is shown in many ways. In the first place, it is well understood in weighing legal precedents that there is little authority in the decision of a court which has been reached without the benefit of the argument of counsel. In some states, courts are required to answer questions from the legislature as to the constitutionality of proposed laws. ”

“ The latter is a fine client for any attorney to have on his list, being wealthy and liberal, but as the lady is giving her counsel, who has represented her in a legal way for four years, notice that she proposes to put her legal business in the hands of another lawyer, the dejected look upon the face of Attorney Lincoln is easily accounted for. ”

“ Finally, the Court's "offense-specific" characterization of the constitutional right to counsel ignores the substance of the attorney-client relationship that the legal profession has developed over the years. The scope of the relationship between an individual accused of crime and his attorney is as broad as the subject matter that might reasonably be encompassed by negotiations for a plea bargain or the contents of a presentence investigation report. ”

“ For the testimony of all the witnesses points unerringly to the existence of the uncertainty which was obviously just below the surface of the petitioner's statements to the judge.
Fifth. The right to counsel guaranteed by the Constitution contemplates the services of an attorney devoted solely to the interests of his client. ”

“ We further beg leave to suggest for the consideration of this honorable court that, as counsel careful as well of their own reputation as of the interests of their client in a case of such magnitude as this, so out of the ordinary range of professional experience, where so much responsibility is felt, they submit to the candid consideration of the court that they have a right to ask for themselves such opportunity to discharge their duty as seems to them to be absolutely necessary. ”

“ Attorneys and counsellors-at-law-and the two characters are in this country generally united in the the same person-are officers of the court, admitted to be such by its order upon evidence that they possess sufficient learning to advise as to the legal rights of parties, and to conduct proceedings in the courts for their prosecution or defence, and that they have such fair private characters as to insure fidelity to the interests intrusted to their care. ”

“ Of equal importance with the duty of the court to see that an accused has the assistance of counsel is its duty to refrain from embarrassing counsel in the defense of an accused by insisting, or indeed, even suggesting that counsel undertake to concurrently represent interests which might diverge from those of his first client, when the possibility of that divergence is brought home to the court. ”

“ The Court of Appeals has held in Black, and we agree, that counsel must be afforded to the child in waiver proceedings. Counsel, therefore, have a 'legitimate interest' in the protection of the child, and must be afforded access to these records. ”

“ Without this additional warning, the admonition of the right to consult with counsel would often be understood as meaning only that he can consult with a lawyer if he has one or has the funds to obtain one. The warning of a right to counsel would be hollow if not couched in terms that would convey to the indigent-the person most often subjected to interrogation-the knowledge that he too has a right to have counsel present. ”

“ In 1691, being member of the house of commons, he argued warmly in favour of a law to grant the assistance of counsel in trials for high-treason; and, in the midst of his speech falling into some confusion, was for a while silent; but, recovering himself, observed, “how reasonable it was to allow counsel to men called as criminals before a court of Justice ”

“ Does not a fair trial also involve the right of the citizen to have the aid of a counsel?
Third. If the defendant is to have the aid of counsel, can my employment be any more objectionable than the employment of one who is an enemy of the law? ”

“ That policy is best served by a rule that creates an incentive to retain counsel in every case rather than a disincentive to employ counsel whenever a plaintiff considers himself competent to litigate on his own behalf. ”

“ He lays one hand on the Book, and the other is in the plaintiff's or defendant's pocket. He feeds upon his conscience, as a monkey eats his tail. He kisses the Book to show he renounces and takes his leave of it. Many a parting kiss has he given the Gospel. He pollutes it with his lips oftener than a hypocrite. He is a sworn officer of every court and a great practiser, is admitted within the Bar, and makes good what the rest of the counsel say. The attorney and solicitor fee and instruct him in the case, and he ventures as far for his client as any man to be laid by the ears. ”

“ We wish it to be distinctly understood that in future no such application will be entertained, except when a justice of this court, upon consideration of the reord , has deemed it proper, under special circumstances, to indorse thereon a request that counsel be permitted to proceed in that way. ”

“ Why did I not insist that he have some able counsel! To think that I—his closest friend, did not do for him what some hired [Pg 15] advocate could have done! His blood is on my hands—the hands he grasped as the jurors filed from the Court Room—and I did not hide my head in shame.
How gloomy this place is. I shudder at its every shadow, and the very air is poison. They’re lighting more gas jets now. That’s better. ”

“ The Constitution is silent upon it. The word 'attorney' is not mentioned, and the word 'counsel' is only mentioned in it as the right of a person accused of crime. It is an act of Congress that creates us and gives us the right to appear here as attorneys and counsellors at law under certain limitations. Congress has imposed very few upon us. Congress very wisely have given to the court the power to receive or to exclude, and to lay down the terms upon which a counsellor shall be admitted. ”

“ Over the years, the Federal Bureau of Investigation has compiled an exemplary record of effective law enforcement while advising any suspect or arrested person, at the outset of an interview, that he is not required to make a statement, that any statement may be used against him in court, that the individual may obtain the services of an attorney of his own choice, and, more recently, that he has a right to free counsel if he is unable to pay. ”

“ When a ruling is made in the course of a trial the lawyer, whose client is adversely affected by it, accepts it without further discussion, simply reserving his exception, if he have one, for purposes of review in a higher court. If, in addressing the jury, counsel exceed the bounds of professional license in commenting on testimony or alluding to the character of the parties, the court will check them without hesitation. ”

“ Answer. I was spoken to on that subject, and told that complainant wanted me to act as her attorney in this case. But I was never requested to act in the matter for or on account of any one else?
Question. By whom were you spoken to?
Answer. From the course taken in this examination, and from the declarations of defendant, I do not believe I can answer it without revealing facts that are my own property as counsel, and that I have no right to reveal. ”

“ Thus then it is: you can be allowed counsel to examine your own witnesses, and cross-examine the witnesses for the crown, and speak to points of law, to be started by yourself,—but no further.
He then asked her what gentleman there present he should assign to her for counsel.
Her reply to this inquiry took the whole court by surprise, and made her solicitor, Houseman, very miserable. "None, my Lord," said she. "Half-justice is injustice; and I will lend it no color. I will not set able men to fight for me with their hands tied, against men as able whose hands be free. ”

“ Counsel for the United States insist that a party in the Court of Claims has a right to bring before this court for review any and every ruling of the Court of Claims upon the admission or the rejection of evidence, and also its weight and effect upon the case. ”

“ But the learned counsel for the defendant take a somewhat loftier flight still. They are more concerned, they assure us, for the law itself, than even for their client. Your decision in this case, they say, will stand as a precedent. Gentlemen, we hope it will. We hope it will be a precedent both of candor and intelligence, of fairness and of firmness; a precedent of good sense and honest purpose pursuing their investigation discreetly, rejecting loose generalities, exploring all the circumstances, weighing each, in search of truth, and embracing and declaring the truth when found. ”

“ No counsel shall dare to make a bargain with his client for a part of the property to which he lays claim; [10] and, if he shall do so, he shall have no authority to act in the said office for him or for any other.
219. [Advocates are to be examined and approved by the president and auditors, and entered on the list of advocates; no one without a degree may appear in a court, except the party in his own behalf. Penalties graduated.]
220. [Advocates must use care and diligence in behalf of their clients, and conduct their cases honorably. Penalty: suspension, in the judgment of the court.] ”

“ The attorney general shall, whenever in his opinion the public interest requires it, employ and retain, in the name of the United States, such attorneys and counselors at law as he may think necessary to assist the district attorneys in the discharge of their duties, and shall stipulate with such assistant attorneys and counsel the amount of compensation, and shall have supervision of their conduct and proceedings. ”

“ If upon the grounds of public policy and free administration of the law the privilege be extended to judges and witnesses, although they speak maliciously and without reasonable or probable cause, is it not for the benefit of the administration of the law that counsel also should have an entirely free mind? Of the three classes—judge, witness, and counsel—it seems to me that a counsel has a special need to have his mind clear from all anxiety. A counsel’s position is one of the utmost difficulty. ”

“ A service set aside is never service by which a judgment in the action can be upheld.
The doctrine invoked by counsel, that, where a court has once acquired jurisdiction, it has a right to decide every question which arises in the cause, and its judgment, however erroneous, cannot be collaterally assailed, is undoubtedly correct as a general proposition, but, like all general propositions, is subject to many qualifications in its application. ”

“ The no-merit letter and the procedure it triggers do not reach that dignity. Counsel should, and can with honor and without conflict, be of more assistance to his client and to the court. [3] His role as advocate requires that he support his client's appeal to the best of his ability. Of course, if counsel finds his case to be wholly frivolous, after a conscientious examination of it, he should so advise the court and request permission to withdraw. That request must, however, be accompanied by a brief referring to anything in the record that might arguably support the appeal. ”

“ Whether, as a matter of practice, the challenge to the authority of counsel was seasonably interposed, it is not important to decide, for in any event the trial court, or this court, has power, at any stage of the case, to require an attorney, one of its officers, to show his authority to appear. ”

“ We determine whether an intelligent waiver of the right to counsel has been made in each case on the particular facts and circumstances, including the background, the experience, and the conduct of the accused. ”

“ An attorney is bound to disclose to his client every adverse retainer, and even every prior retainer, which may affect the discretion of the latter. No man can be supposed to be indifferent to the knowledge of facts, which work directly on his interests, or bear on the freedom of his choice of counsel. ”

“ We do not doubt power in a proper case to issue such writs. But they have the unfortunate consequence of making the judge a litigant, obliged to obtain personal counsel or to leave his defense to one of the litigants before him. ”

“ It is not shown by the record that the defendants informed the court or in any way indicated that they desired counsel. We have repeatedly held that the right to be represented by counsel is a personal right which a defendant may waive or claim as he himself may determine. People v. ”

“ A judge has been a counsel, and he may carry to the bench some of the professional prejudices of the bar. Indeed, if you consider the absurd license permitted to counsel in their treatment of witnesses, and the hostile attitude adopted by some judges toward medical and other scientific men who have to give their evidence, you will see that the judicial mind is not always quite as judicial as one would wish, especially when the privileges and immunities of the profession are concerned. Now, your appearance in person to conduct your case must, unavoidably, cause some inconvenience to the Court. ”