Georgia Jury Instruction - Good Faith Reliance Upon Advice of Counsel
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FAQ
Advice and counsel means legal assistance that is limited to the review of information relevant to the client's legal problem(s) and counseling the client on the relevant law and/or suggested course of action.
Reliance on the advice of counsel tends to be regarded as a unique kind of defense, perhaps because courts view the law as an especially esoteric field of knowledge in which laymen cannot be held responsible for exercising their own judgment in the face of expert opinion.
Definition: Advice of counsel refers to the guidance given by lawyers to their clients. It can also be used as a defense in certain legal cases where a party seeks to avoid liability or punishment by claiming that they acted reasonably and in good faith on the advice of their attorney.
Of counsel is a designation provided by law firms for lawyers that are neither associates nor partners but are affiliated with the firm.
Reliance on counsel is but a means of establishing "good faith" or "due care." If a problem requires the use of professional advice of a nonlegal nature, obtaining and relying on such advice should also satisfy these requirements.
In order to assert advice of counsel, a defendant must have made a full disclosure of all material facts to his or her attorney, received advice as to the specific course of conduct that he or she followed, and relied on the advice in good faith.
Everyone accused of a felony crime is entitled to a lawyer. States and Georgia require the state to provide effective and conflict-free counsel at public expense to indigent defendants in all critical phases of a criminal prosecution, which include pretrial and trial matters, motions for a new trial and direct appeals.