Canonum De Ius Positivum
Canons of Positive Law

one heaven iconVII.   Law

7.2 Principles of Law

Article 229 - Counsel

Canon 2792 (link)

The Right to Counsel is an ancient principle of Law, whereby all who are accused may seek the Counsel of an Advocate of their choosing to present their case before the court.

Canon 2793 (link)

The word Advocate is from ancient Latin advocatio combing two even earlier Latin words ad (with)+vocare (voice) meaning literally “to assist in legal defense with one’s voice”.

Canon 2794 (link)

The ancient right to Counsel is further reinforced through Trust Law when an accused as general executor to the trust representing the suit against them may nominate one or more general executors to act on their behalf. When this occurs Counsel is also known as Amicus Curiae.

Canon 2795 (link)

Justice requires that the Counsel selected by an Accused swear a valid oath or execute a valid deed to truthfully serve the interests of the accused ahead of any other interests. A Counsel that will not or cannot serve the interests of the accused above other interests is unfit to be Counsel.

Canon 2796 (link)

While a Counsel is duty bound to serve the interests of their client, they are obligated to do so within the confines of the law such that any facts present in defense are true to the best knowledge of the Counsel and no act to knowingly or deliberately injure the law is performed during such service.

Canon 2797 (link)

An Advocate that engages as Counsel for another while still honoring a higher pledge, oath or association that is in conflict with serving the best interests of their client, whether or not such conflict is divulged, is guilty of an injury of the law and unfit to be Counsel.

Canon 2798 (link)

The word Lawyer is from the late 16th Century combining the Latin words lar / lares = (customary law) + iuro / iurare = (to swear, take an oath, to conspire) meaning literally “one who has sworn an oath to customary law (of the private Guild)”. Hence the true and original meaning of a lawyer is “one who is authorized and licensed by the private Guilds of the Bar to practice law”. Therefore, no Lawyer can be Counsel without deliberately injuring the law and perverting the course of Justice.

Canon 2799 (link)

The word Attorn or Attornment is from 16th Century combining the Latin words at = (to) + torno (turn, round off) meaning “To consent, implicitly or explicitly, to a transfer of a right.” Hence the word Attorney means literally “a person to whom rights have been transferred by consent, implicitly or explicitly”. Therefore, no Attorney can be Counsel without deliberately injuring the law and perverting the course of Justice.

Canon 2800 (link)

The word Barrister is from the late 16th Century combining the Latin words baro = (dunce, incompetent) + sto/stare (to stand firm, to be in position) meaning literally “to stand/represent a dunce/incompetent”. Hence the meaning is “a student of the law (of the private Guild) that has been called to the Bar”. Therefore, no Barrister can be Counsel without deliberately injuring the law and perverting the course of Justice.

Canon 2801 (link)

As members of the Private Bar Guild are Lawyers, Attorneys and/or Barristers, no member of a Private Bar Guild can be Counsel without deliberately injuring the law and perverting the course of Justice.