meaning of legal representation

representation - Meaning in Law and Legal Documents, Examples and FAQs

Representation refers to the act of an authorized person, such as a lawyer, speaking or acting on behalf of someone else in legal matters, ensuring their rights and interests are properly advocated for and protected.

In normal language you would also say " advocacy " instead of " representation "

Need help understanding your legal documents?

What does "representation" mean in legal documents?

In legal documents, the term "representation" refers to the act of one party speaking or acting on behalf of another party. This means that the representative is authorized to make decisions, take actions, or provide information on behalf of the person or entity they are representing.

Representation can take many forms, such as a lawyer representing a client in a court case, a business owner authorizing an employee to negotiate a contract, or a parent acting on behalf of their child. The key aspect of representation is that the representative has the legal authority to act in the place of the person or entity they are representing.

When you see the term "representation" in a legal document, it's important to understand the specific context and the nature of the relationship between the representative and the person or entity being represented. This will help you determine the scope of the representative's authority and the responsibilities they have in carrying out their duties.

For example, in a power of attorney document, the person granting the power (the principal) is authorizing the representative (the agent) to make decisions and take actions on their behalf, such as managing their finances or making healthcare decisions. The power of attorney outlines the specific powers and limitations of the agent's representation.

Similarly, in a contract, the parties may be represented by their respective lawyers or other authorized agents. The contract will typically specify the scope of the representatives' authority and the responsibilities they have in negotiating and executing the agreement.

Understanding the concept of representation is crucial in navigating the legal landscape, as it helps you identify the key players involved in a legal matter and the extent of their decision-making power. By familiarizing yourself with this term, you can better understand the roles and responsibilities of the various parties involved in a legal process.

What are some examples of "representation" in legal contracts?

Here are some examples of how the term "representation" might be used in various legal contracts:

Employment Contract: "The employee represents that they have the necessary skills and qualifications to perform the duties outlined in this agreement."

Real Estate Purchase Agreement: "The seller represents that they have the legal authority to sell the property and that there are no outstanding liens or encumbrances on the title."

Loan Agreement: "The borrower represents that they have provided accurate financial information and that they have the ability to repay the loan according to the terms of this agreement."

Merger Agreement: "The parties represent that they have obtained all necessary approvals and authorizations to complete the merger transaction."

Confidentiality Agreement: "The recipient represents that they will keep all information disclosed under this agreement strictly confidential and will not use it for any purpose other than the intended purpose."

Partnership Agreement: "Each partner represents that they will contribute their fair share of resources and expertise to the partnership and will act in the best interests of the business."

Trademark License Agreement: "The licensor represents that they are the rightful owner of the trademark and have the authority to grant the license to the licensee."

These examples illustrate how the concept of representation can be applied in various legal contracts to establish the rights, responsibilities, and authorities of the parties involved.

FAQs about "representation"

What is legal representation.

Legal representation refers to having a qualified lawyer or attorney represent you in legal matters. This means the lawyer will handle all the legal aspects of your case, such as filing paperwork, negotiating with the other side, and appearing in court on your behalf.

Who can provide legal representation?

Legal representation can only be provided by licensed attorneys or lawyers who are authorized to practice law in your state or jurisdiction. These professionals have the necessary education, training, and credentials to represent clients in legal proceedings.

How does legal representation work?

When you hire a lawyer for legal representation, they will first meet with you to understand your situation and goals. They will then develop a legal strategy, handle all the necessary paperwork and communications, and advocate for your interests in negotiations or in court. The lawyer acts as your advocate and advisor throughout the legal process.

What are the benefits of having legal representation?

The main benefits of having legal representation include:

• Expertise in navigating the complex legal system
• Protecting your rights and interests
• Ensuring proper procedures are followed
• Negotiating on your behalf to achieve the best possible outcome
• Reducing the stress and burden of handling legal matters on your own

How much does legal representation cost?

The cost of legal representation can vary widely depending on the complexity of your case, the lawyer's experience, and your location. Many lawyers offer free initial consultations and work on an hourly or contingency fee basis. It's important to discuss the fees and payment options with any potential lawyer before hiring them.

What if I can't afford a lawyer?

If you cannot afford a private lawyer, there are several options available:

• Legal aid organizations that provide free or low-cost legal services to those who qualify based on income
• Pro bono lawyers who volunteer their services for certain types of cases
• Law school clinics where law students, supervised by professors, provide legal assistance
• Payment plans or sliding scale fees offered by some private law firms

The key is to explore all available options to ensure you have the legal representation you need, even if you have limited financial resources.

These legal terms could also be helpful

representative payee

A representative payee, or money manager, is someone legally appointed to receive and manage government benefits on behalf of an individual who is unable to manage their own finances due to age, disability, or other circumstances.

representative

A representative, commonly referred to as a proxy, is someone legally authorized to act on behalf of another person or entity in specific matters or transactions.

A reprieve is a temporary delay or postponement of a punishment or execution, giving someone a chance to have their case reviewed or reconsidered.

repudiation

Repudiation, commonly referred to as rejection, is the act of refusing to honor or fulfill a legal obligation or contract.

The Law Dictionary

Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

REPRESENTATION Definition & Legal Meaning

Definition & citations:.

In Contracts. A statement made by one of two contracting parties to the other, before or at the time of making the contract, in regard to some fact, circumstance, or state of facts pertinent to the contract, which is influential in bringing about the agreement. In insurance. A collateral statement, either by writing not inserted in the policy or by parol, of such facts or circumstances , relative to the proposed adventure, as are necessary to be communicated to the underwriters, to enable them to form a just estimate of tlie risks. 1 Marsh. Ins. 450. The allegation of any facts, by the applicant to the insurer, or vice versa, preliminary to making the contract, and directly bearing upon it, having a plain and evident tendency to induce the making of the policy. The statements may or may not be in writing, and may be either express or by obvious implication . Lee v. Howard Fire Ins. Co., 11 Cush. (Mass.) 324; Augusta Insurance & Banking Co. of Georgia v. Abbott, 12 Md. 34S. In relation to the contract of insurance , there is an important distinction between a representation and a warranty.The former, which precedes the contract of insurance, and is no part of it, need he only materially true: the latter is a part of the contract, and must be exactly and literally fulfilled, or else the contract is broken and inoperative. Glendale Woolen Co. v. Protection Ins. Co., 21 Conn. 19, 54 Am. Dec. 309. In the law of distribution and descent. The principle upon which the issue of a deceased person take or inherit the share of an estate which their immediate ancestor would have taken or Inherited, if living; the taking or inheriting per stirpes . 2 Bl. Comm. 217, 517. In Scotch law . The name of a plea or statement presented to a lord ordinary of the court of session , when his judgment is brought under review.

This article contains general legal information but does not constitute professional legal advice for your particular situation. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

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The Right to Adequate Representation

By Samuel Strom, J.D. | Legally reviewed by Rhonda Earhart, Esq. | Last reviewed December 15, 2023

Legally Reviewed

This article has been written and reviewed for legal accuracy, clarity, and style by  FindLaw’s team of legal writers and attorneys  and in accordance with  our editorial standards .

Fact-Checked

The last updated date refers to the last time this article was reviewed by FindLaw or one of our  contributing authors . We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please  contact an attorney in your area .

The right to the effective assistance of counsel is important for several reasons. First, it provides a legal professional to advocate for the defendant with zeal. Second, it legitimizes the adversarial court system by producing more just case results.

The Sixth Amendment to the U.S. Constitution guarantees numerous rights to criminal defendants. Among these, it promises the  right to an attorney  and the right to adequate representation. These rights whether the defendant is indigent and received a public defender or they hired their own attorney.

The right to adequate representation doesn't mean perfect representation, but a lawyer's incompetence may justify a court overturning a guilty verdict.

This article summarizes the right to adequate representation. Specifically, it covers the following:

• How courts analyze the right
• What happens if an attorney violates the right
• Common claims of the inadequate assistance of counsel

For more information about the right to counsel, consider browsing  FindLaw's Criminal Rights section .

Sixth Amendment Right to Counsel and Adequate Representation

The  Sixth Amendment right to counsel  is one of several rights that guarantees criminal defendants a  fair trial  in criminal law. An attorney's legal knowledge gives defendants a chance to prevail in a  criminal trial . The  Sixth Amendment  also provides for the  appointment of counsel  for indigent defendants. The court will appoint a public defender to such defendants.

The right to counsel applies at all critical stages of a criminal proceeding. Typically, this means from the  arraignment hearing , when the court notifies a defendant of their criminal charges, through the first appeal, if any, of the verdict.

Criminal defense attorneys owe their clients a duty of loyalty. They must also avoid any  conflicts of interest . In general, the attorney must assist the client throughout the case. This includes appearing on their behalf at trial and advising them of various courses of action. The attorney must appear competent during the trial to promote fairness in the criminal justice system.

The right to counsel does not in and of itself guarantee a fair trial. The attorney's performance must be adequate, and they must put in the appropriate time and effort to represent their client. This is known as the  effective assistance of counsel .

The Ineffective Assistance of Counsel

What if a defense attorney is ineffective during a criminal prosecution? They violate the defendant's  Sixth Amendment right to a fair trial . In analyzing claims of ineffective counsel, the argument centers on whether the lawyer's conduct so undermined the case that the trial cannot be relied upon as having produced a just result.

In  Strickland v. Washington  (1984), the U.S. Supreme Court clarified when a criminal defense attorney's ineffective representation violates the Sixth Amendment. There, the Supreme Court established a test for determining such violations. Courts must judge these claims based on the “reasonably effective assistance" test. They must also consider all the surrounding circumstances.

This means, in a criminal case, the defendant challenging their attorney's assistance must show the following:

• Their lawyer's legal representation was so deficient that it fell below an objective standard of reasonableness. In other words, the lawyer made errors so severe that they didn't function as the counsel guaranteed by the Sixth Amendment.
• The deficient performance unfairly prejudiced the defense such that, but for the ineffective assistance of counsel, there is a reasonable probability the result of the case would have been different. That means the errors were so severe that they deprived the defendant of a fair trial.

The defendant must prove both elements. If they cannot, the conviction or sentence cannot be said to result from a breakdown in the judicial process such that the result is unreliable.

When courts review a lawyer's advocacy, they're deferential to the lawyer. In other words, courts are bound by a strong presumption that a lawyer's conduct falls within the range of reasonable professional assistance.

As the court noted in  Strickland , the guide to whether assistance was effective or ineffective focuses on whether a fair trial occurred. Courts view the attorney's challenged conduct through the attorney's point of view when they made various decisions. So long as the attorney's decisions were reasonable at the time, courts will find their assistance was effective.

Common Claims of Inadequate Representation

Not every action or inaction is a violation of a defendant's right to adequate representation. However, some common claims would prejudice a case in an unfair manner. These include an attorney's failure to:

• Investigate a case
• Present supporting witnesses
• Interview or cross-examine witnesses
• Object to harmful evidence or statements
• Seek DNA or blood testing (where available)
• File timely appeal(s)
• Determine if there is a  conflict of interest  in representing the defendant

In  a case involving burglary and sexual assault , the defendant's attorney decided not to perform a DNA test at trial due, in part, to its cost. On appeal, DNA tests were performed and  provided exonerating evidence . The court reversed the conviction. It found that the trial attorney's decision not to seek DNA testing constituted ineffective assistance of counsel.

Exercise Your Right to Adequate Counsel Today

Do you have concerns about your attorney's representation? You can always get a second opinion from a different lawyer. Acting quickly to change course if needed may be essential to your case. Consider contacting a  criminal defense lawyer  near you today.

Can I Solve This on My Own or Do I Need an Attorney?

• Complex criminal defense situations usually require a lawyer
• Defense attorneys can help protect your rights
• A lawyer can seek to reduce or eliminate criminal penalties

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1) To serve as one’s agent . 

2) To serve as one’s attorney . An attorney can represent a client in litigation proceedings, settlement negotiations, or in transactional negotiations. 

3) A close alignment of litigants’ interests in class actions , which enables courts to treat all litigants as present in the litigation, even if not all were. For example, Federal Rule of Civil Procedure Rule 23 refers to the litigating parties as “representative parties” of the other affected but non-litigating class members. 

4) In certain jurisdictions, to serve as an executor of an estate —i.e. an individual charged with managing and distributing decedent’s assets. For example, Wisconsin statute Chapter 857 lays out the “power and duties of personal representatives” in managing decedent’s estate. 

5) In republican systems of government, a member of a legislative body elected by the citizens of a fixed geographic area who legislates on their behalf. The elected member is referred to as a representative . Contrast with direct democracy or referendums , where all the citizens vote on legislative or constitutional measures. 

6) To manifest something as a fact, either through words or conduct. For example, an individual could represent that “there are no pending lawsuits against my business.” Compare with misrepresent . 

[Last updated in April of 2021 by the Wex Definitions Team ]

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