Representation by a lawyer, esp. in a criminal case. • The phrase in its modern uses derives from the Sixth Amendment: “In all criminal prosecutions, the accused shall enjoy the right… to have the assis-tance of counsel for his defense.” U.S. Const. amend. VI. See RIGHT TO COUNSEL. [Cases: Criminal Law 641.13. C.J.S. Criminal Law […]
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entail, n. A fee abridged or limited to the owner’s issue or class of issue rather than descending to all the heirs. — Also termed (in Scots law) tailzie. See BARRING OF ENTAIL; FEE TAIL. [Cases: Estates in Property 12. C.J.S. Estates §§ 22–27.] — entailable, adj. “Entail is fee entailed, viz; abridged, limited, and
malpractice (mal-prak-tis). An instance of negligence or incompetence on the part of a professional. • To succeed in a malpractice claim, a plaintiff must also prove proximate cause and damages. — Also termed professional negligence. [Cases: Negligence 321. C.J.S. Negligence § 162.] legal malpractice. A lawyer’s failure to render professional services with the skill, prudence,
reporter. 1. A person responsible for making and publishing a report; esp., a lawyer-consultant who prepares drafts of official or semi-official writings such as court rules or Restatements (the reporter to the Advisory Committee on Bankruptcy Rules explained the various amendments). [Cases: Reports 3. C.J.S. Reports §§ 10–13.] 2. REPORTER OF DECISIONS. 3. REPORT (3)
not law. A judicial decision regarded as wrong by the legal profession. “Even when it is not possible to point out any decision that affects the point in question in any one of the ways enumerated, it sometimes happens that the profession has grown to ignore the old decision as wrong or obsolete; and though
reprimand, n. In professional responsibility, a form of disciplinary action — imposed after trial or formal charges — that declares the lawyer’s conduct improper but does not limit his or her right to practice law; a mild form of lawyer discipline that does not restrict the lawyer’s ability to practice law. [Cases: Attorney and Client
defense attorney. A lawyer who represents a defendant in a civil or criminal case. — Also termed defense counsel; defense lawyer.
suspension. 1. The act of temporarily delaying, interrupting, or terminating something (suspension of business operations) (suspension of a statute). 2. The state of such delay, interruption, or termination (corporate transfers were not allowed because of the suspension of business). 3. The temporary deprivation of a person’s powers or privileges, esp. of office or profession; esp.,
sandbagging, n. 1. A trial lawyer’s remaining cagily silent when a possible error occurs at trial, with the hope of preserving an issue for appeal if the court does not correct the problem. • Such a tactic does not usu. preserve the issue for appeal because objections must be promptly made to alert the trial
fair warning. Criminal law. The requirement that a criminal statute define an offense with enough precision so that a reasonable person can know what conduct is prohibited and so that a reasonably skilled lawyer can predict what conduct falls within the statute’s scope. — Also termed fair notice. [Cases: Criminal Law 13.1(1). C.J.S. Criminal Law