Understanding Defense, Good Faith Reliance on Counsel in Legal Context

Q: Can I use this defense if I did not disclose all facts?

No, full disclosure of all relevant facts to your lawyer is essential for this defense to apply.

Q: Is this defense applicable in civil cases?

It is primarily used in criminal cases, but it may also be relevant in certain civil contexts involving negligence.

Definition & Meaning

Good faith reliance on counsel refers to a legal defense where a person believes their actions are justified based on the advice of a lawyer. This defense applies when the individual has consulted with a lawyer, disclosed all relevant facts, and acted according to the lawyer's guidance. If willfulness is a necessary element of the charge, demonstrating good faith reliance on counsel can absolve the accused from liability.

Table of content

Legal Use & context

This term is primarily used in criminal law, where a defendant may argue that they acted without intent to commit a crime due to reliance on legal advice. It can also be relevant in civil cases involving negligence or liability. Users may find legal forms related to this defense useful, especially when preparing for consultations or court proceedings.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) A business owner is advised by their attorney that a certain business practice is legal. Believing this advice, the owner proceeds with the practice. If the practice is later deemed illegal, the owner may use good faith reliance on counsel as a defense, provided they fully disclosed all relevant facts to their lawyer.

State-by-state differences

Examples of state differences (not exhaustive)

State	Key Differences
California	Emphasizes full disclosure and good faith belief in legal advice.
New York	Requires proof that the reliance on counsel was reasonable under the circumstances.
Texas	Focuses on the intent of the accused at the time of action.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Negligence	Failure to take proper care in doing something.	Good faith reliance on counsel involves seeking and acting on legal advice, while negligence does not involve legal consultation.
Willfulness	Intentional and deliberate action.	Good faith reliance can negate willfulness if the accused acted based on legal advice.

Common misunderstandings

What to do if this term applies to you

If you believe you may need to rely on this defense, consider the following steps:

Consult with a qualified attorney to discuss your situation.
Ensure you disclose all relevant facts to your lawyer.
Follow your lawyer's advice closely.
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Quick facts

Typical use: Criminal defense
Key requirement: Full disclosure to counsel
Potential outcome: Defense against willfulness charges

Key takeaways

Frequently asked questions

What does good faith mean in legal terms?

Good faith refers to a sincere intention to deal fairly with others, without any intention to deceive or defraud.