Good-Faith Reliance upon Advice of Counsel

• Category: Federal - Jury Instructions - 11th Circuit - Criminal
• State: Multi-State
• Control #: US-JURY-11THCIR-S18-CR
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Good-Faith Reliance upon Advice of Counsel is a legal defense to certain allegations of wrongdoing. It is based on the premise that a person acted in good faith and in reliance on the advice of a lawyer qualified in the relevant field of law. This defense is applicable when a defendant demonstrates they relied in good faith on the advice of a lawyer who is qualified in the relevant field of law, and the advice was relied upon to the defendant's detriment. There are two main types of Good-Faith Reliance upon Advice of Counsel: subjective and objective. The subjective version requires the defendant to prove that they had an actual good faith belief in the advice provided by the lawyer. This may be difficult to prove, as it requires the defendant to show that they reasonably believed that the advice provided was correct. The objective version only requires the defendant to show that a reasonable person, in the same circumstances, would have relied on the advice of counsel. This version may be easier to prove, as it does not require the defendant to prove that they had an actual good faith belief in the advice provided. Regardless of the version utilized, in order for the defense to be successful, the defendant must demonstrate that they relied on the advice of counsel and that the advice was relied upon to their detriment. The advice provided must also be reasonable and related to the matter at hand.

Good-Faith Reliance upon Advice of Counsel is a legal defense to certain allegations of wrongdoing. It is based on the premise that a person acted in good faith and in reliance on the advice of a lawyer qualified in the relevant field of law. This defense is applicable when a defendant demonstrates they relied in good faith on the advice of a lawyer who is qualified in the relevant field of law, and the advice was relied upon to the defendant's detriment. There are two main types of Good-Faith Reliance upon Advice of Counsel: subjective and objective. The subjective version requires the defendant to prove that they had an actual good faith belief in the advice provided by the lawyer. This may be difficult to prove, as it requires the defendant to show that they reasonably believed that the advice provided was correct. The objective version only requires the defendant to show that a reasonable person, in the same circumstances, would have relied on the advice of counsel. This version may be easier to prove, as it does not require the defendant to prove that they had an actual good faith belief in the advice provided. Regardless of the version utilized, in order for the defense to be successful, the defendant must demonstrate that they relied on the advice of counsel and that the advice was relied upon to their detriment. The advice provided must also be reasonable and related to the matter at hand.