benefit of counsel

benefit of counsel

n. having the opportunity to have an attorney and legal advice in any legal matter, but particularly while appearing in court. It may be important if someone makes an appearance or agrees to a contract without benefit of counsel, when a lawyer would be either essential or at least quite valuable.

References in periodicals archive ?
Arrests must be made, the accused brought to court with benefit of counsel, and sentenced by an independent judiciary.
On the contrary, we took the legal route by going to the Court of Appeals when my clients were being held incommunicado without the benefit of counsel. We filed Petitions for Writs of Amparo, and a writ was in fact issued in January 2015,' Topacio said.
In arguing for bail in May, Phillipos' lawyers portrayed him as a frightened and confused young man ''who was subjected to intense questioning and interrogation, without the benefit of counsel, and in the context of one of the worst attacks against the nation.''
John Mortimer has, to the delight of his fans, brought back Rumpole of the Bailey, self-described as having a 'slightly raffish air?, a little tarnished, jovial but not quite respectable.' In a case very much of the times, Rumpole is called upon to defend a man who has been picked up by the police and detained, without benefit of counsel, or even of formal charges having been brought.
In these situations, consular officers, if notified of the detention, can provide their citizens with vital support, such as "attempting to ensure that they receive a fair and speedy trial with benefit of counsel; visiting them in prison to ensure that they are receiving humane treatment; and facilitating communications with their families." (2)
A staple of storytelling is the road trip, where the confused seeker sets off alone, determined to find herself on some lonely road without benefit of counsel or companionship (except maybe a dog).
As to why the enemy combatant may not have the benefit of counsel, the Administration is quite clear: it wants to be able to extract information from the detainee under interrogation, and granting counsel would interfere with that.
Taking the plaintiff's deposition early is key in order to lock a plaintiff into his or her story without the benefit of counsel's preparation and rehearsal.
Nevertheless, she has become skilled at bankruptcy law and has filed many of her objections and papers without benefit of counsel.
Approximately 90% of small cases and over 50% of regular cases in Tax Court are pro se, in which taxpayers represent themselves without benefit of counsel. The exclusion of CPAs from Tax Court practice has resulted in taxpayers being underrepresented, as evidenced by the overwhelming percentage of pro se cases.