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A [[counsel]] or a counsellor gives advice, more particularly in [[law|legal]] matters.
A [[counsel]] or a counsellor gives advice, more particularly in [[law|legal]] matters.
==Origins==
Middle English. con-, counseil, -ail, -ayl, a. Old French. conseil, cunseil, in AFr. counseil (= Pr. conselh, Cat. consell, Sp. consejo, Pg. conseglo, It. consiglio):L. consilium consultation, plan decided on as the result of consultation, advice, counsel, advising faculty, prudence; a deliberating [[body]], a council of [[state]], war, etc.; a counsellor: a [[word]] of the same type as colloquium, connubium, etc., f. consulre to deliberate, etc., f. con- together + *sal- a root found also in consul, consulto, and prob. cognate with Skr. sar- to go. The various [[senses]] are retained in French; but in [[English]], those meaning a deliberating body are now written COUNCIL, by confusion with [[Latin]] concilium.
==Definitions==
*I. 1. a. Interchange of opinions on a matter of procedure; consultation, deliberation. to take counsel: to consult, deliberate.
::b. Conference, [[conversation]]. Obs. rare.
:2. a. Opinion as to what ought to be done given as the result of consultation; aid or instruction for directing the [[judgement]]; advice, direction.
::b. spec. in [[Theology]]. One of the advisory declarations of [[Jesus|Christ]] and the [[apostles]], in mediæval theology reckoned as twelve, which are considered not to be [[universal]]ly binding, but to be given as a means of attaining greater [[moral]] [[perfection]]; so counsel of perfection, esp. in [[reference]] to [http://nordan.daynal.org/wiki/index.php?title=Gospel_of_Matthew#Chapter_19 Matthew. xix. 21]; also transf.; evangelical counsels, the three obligations of voluntary poverty, chastity, and obedience to a religious superior (see quot. 1875).
::c. Phr. counsel of despair.
:3. The faculty of counselling or advising; judgement; prudence; sagacity in the devising of plans. Obs. or arch.
:4. That in which deliberation results; resolution, [[purpose]], [[intention]]; plan, design, scheme.
:5. a. A [[private]] or secret [[purpose]], [[design]], or opinion. Obs. (exc. as in d).
::b. A matter of confidence or secrecy; a secret; a confidence. Obs. (exc. as in d).
::c. in counsel: in private, in confidence. Obs.
::d. to keep or hold (a matter) counsel (later in counsel): to keep it secret (obs.). to keep (hold) counsel: to observe secrecy (arch. and dial.). to keep any one's counsel: to keep a secret which he has committed to one (arch. or obs.). to keep one's (own) counsel: to keep one's own secret, be reticent about one's intentions or opinions.
:6. of counsel with or for (a [[person]]), in, with or to (an [[act]], etc.): in the counsels, confidence, or secrets of; one of the advisers of (a person); privy to (an act). Obs.
*II. 7. a. An assembly or [[body]] of advisers. Obs. Now COUNCIL 4 and 6 q.v.
::b. A single [[person]] with whom one consults or advises; a counsellor. Obs.
:8. a. A body of legal advisers, engaged in the direction or conduct of a cause. (Usually a [[collective]] plural, but sometimes treated as a numeral plural; formerly, in ‘to desire the benefit of counsel’, ‘to be allowed counsel’, etc., treated as a collective sing.: cf. quot. 1681.) (In this sense erroneously stated in many legal [[text]]-books to be ‘an abbreviation of counsellor’.)
::b. as sing. (rarely with pl. counsels): A single legal adviser; a counsellor-at-law, advocate, or barrister.
==Legal Description==
The legal [[system]] in England uses the term counsel as an approximate synonym for a barrister-at-[[law]] ', and may apply it to mean either a single [[person]] who pleads a cause, or [[collective]]ly, the body of barristers engaged in a case. It seems uncertain as to whether the term also applies to a solicitor advocate. Some [[judge]]s and lawyers apply the term interchangeably between both barristers and solicitor advocates.
The legal [[system]] in England uses the term counsel as an approximate synonym for a barrister-at-[[law]] ', and may apply it to mean either a single [[person]] who pleads a cause, or [[collective]]ly, the body of barristers engaged in a case. It seems uncertain as to whether the term also applies to a solicitor advocate. Some [[judge]]s and lawyers apply the term interchangeably between both barristers and solicitor advocates.
