Minnesota Jury Instruction - Good Faith Reliance Upon Advice of Counsel

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

The ?advice of counsel defense? is typically raised as an Affirmative Defense to refute the allegation that the insurer acted in ?bad-faith? by showing that it retained expert legal counsel to specifically address the issues regarding the coverage of a property claim or settlement of a liability action.

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.

The good faith defense is that the defendant acted in good faith and did not have the necessary intent to defraud anyone. It does not matter that a person's statement or belief is wrong, there is no action for fraud unless the intent is to deceive is present.

This defence requires proof that a person believed their conduct was necessary to defend themselves, and their conduct was a reasonable response to the circumstances as they perceived them.

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.

The defense contains four elements: (1) The defendant made a complete disclosure to counsel concerning the matter at issue, (2) the defendant sought advice as to the legality of his conduct, (3) the defendant received advice that his conduct was legal, and (4) the defendant relied on that advice in good faith.

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.

The advice of counsel defense is based on the substance of legal advice provided by counsel: the defendant argues that there was no fraudulent intent because counsel advised that the disclosure in question was lawful.

For example, if a lawyer believes* in good faith that the conduct of the opposing lawyer or party violates criminal or other laws, the lawyer may state that if the conduct continues the lawyer will report it to criminal or administrative authorities.

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.

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Minnesota Jury Instruction - Good Faith Reliance Upon Advice of Counsel