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Source: Powell v Alabama (1932)

...He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence. If that be true of men of intelligence, how much more true is it of the ignorant and illiterate, or those of feeble intellect. If in any case, civil or criminal, a state or federal court were arbitrarily to refuse to hear a party by counsel, employed by and appearing for him, it reasonably may not be doubted that such a refusal would be a denial of a hearing, and, therefore, of due process in the constitutional sense.

2.1. A group of people taking part in a particular activity or trip:

Am I right that the following definition applies? If so, should this be written as party OF counsel?

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    No. Party is a side in a trial. Listen to a party by counsel means that I listen to a party, as represented by counsel. So instead of listening to you, I listen to your lawyer. In legal texts, party almost exclusively means side in a dispute or contract (as in third party!). The fact that party is later referred to as him should have been a hint that party is one person ;)
    – oerkelens
    Dec 3, 2014 at 10:07
  • read it as refuse to hear 'a representative of the defendant' 'defendant, by his representative' Dec 3, 2014 at 10:07
  • @Tetsujin: with the small detail that party can also be the plaintiff :)
    – oerkelens
    Dec 3, 2014 at 10:08
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    books.google.co.uk/… makes it clearer, using that precise example Dec 3, 2014 at 10:09
  • @oerkelens for sure, I was just going by context & that I've read more extracts from law books since I started answering Law Area's posts than I ever previously thought healthy :P Dec 3, 2014 at 10:10

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In legal contexts, a party can represent himself or be represented by counsel|solicitor|lawyer. In the phrases "to hear a party by counsel" or "to hear a party by himself" the preposition "by" means "as represented by". It is a legal usage.

!The statutes of practical utility [1235-1895]: arranged in alphabetical and chronological order : with notes and indexes, Volume 10. Joseph Chitty, Great Britain, John Mounteney Lely Sweet and Maxwell, limited, 1895.

The statutes of practical utility [1235-1895]: arranged in alphabetical and chronological order : with notes and indexes, Volume 10. Joseph Chitty, Great Britain, John Mounteney Lely.

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