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Introduction to Paralegalism > 5 - Attorney Ethics and Paralegal Ethics > Flashcards

5 - Attorney Ethics and Paralegal Ethics Flashcards

1
Q

ethics

A

rules or standards of behavior to which members of an occupation, profession or other organization are expected to conform

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2
Q

agent

A

1 - a person authorized to act for another; a representative

2 - a power or force that produces an effect

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3
Q

attorney in fact

A

one authorized to act in place of another; often in a business transaction

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4
Q

power of attorney

A

1 - a document that authorizes another to act as one’s agent or attorney in fact
2 - the authority itself

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5
Q

sanctions

A

1 - penalty or punishment imposed for unacceptable conduct

2 - permission or approval

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6
Q

integrated bar association (mandatory bar association, unified bar association)

A

a state bar association to which an attorney must belong in order to practice law in the state

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7
Q

Model Rules of Professional Conduct (MRPC)

A

the current set of ethical rules governing attorneys recommended by the ABA; these rules revised the ABA’s earlier rules found in the Model Code of Professional Responsibility (MCPR)

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8
Q

probable cause

A

1 - a reasonable belief that a specific crime has been committed and that the accused committed the crime
2 - a reasonable belief that a location contains items relevant to a crime
3 - a reasonable belief that good grounds exist to bring civil proceedings against someone

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9
Q

multidisciplinary practice (MDP)

A

a partnership consisting of attorneys and non-legal professionals that offers legal and non-legal services

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10
Q

paralegal code

A

rules and guidelines governing ethical issues involving paralegals

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11
Q

meritorious

A

having merit; having a reasonable basis to believe that a person’s claim or defense will succeed

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12
Q

letter of non-engagement

A

a letter sent to a prospective client that explicitly states that the law office will not be representing them

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13
Q

statute of limitations

A

a law stating that civil or criminal actions are barred if not brought within a specified period of time; action is time-barred if not brought within that time

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14
Q

time-barred

A

1 - prevented or barred from bringing a civil or criminal action because of the passage of a designated period of time without commencing the action
2 - being unable to sue because of the statute of limitations

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15
Q

retainer

A

1 - the act of hiring or engaging the services of someone, usually a professional
2 - an amount of money (or other property) paid by a client as a deposit or advance against future fees, court costs, and related expenses of providing services

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16
Q

bundled legal services

A

all tasks needed to represent a client; all-inclusive legal services

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17
Q

collaborative law

A

a method of practicing law in which the attorneys refuse to continue representing the parties if they cannot settle their dispute through mediations or another method of alternative dispute resolution (ADR)

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18
Q

alternative dispute resolution (ADR)

A

a method or procedure for resolving a legal dispute without litigating the dispute in a court or administrative agency

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19
Q

informed consent

A

agreement to let something happen after receiving a reasonable explanation of the benefits and risks involved

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20
Q

competent

A

1 - using the knowledge, skill, thoroughness, and preparation that are reasonably necessary to represent a particular client
2 - having the legal capacity to give testimony because the person understands the obligation to tell the truth, has the ability to communicate, and has knowledge of the topic of his or her testimony

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21
Q

dilatory

A

causing delay; often without merit or justification

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22
Q

minimum-fee schedule

A

a bar association list of the lowest fees an attorney can ethically charge for specific kinds of legal services

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23
Q

fee caps

A

a maximum amount or maximum percentage that can be charged as a fee in a case

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24
Q

fee-splitting (fee sharing, division of fees)

A

1 - the division or splitting of a single client’s fee between two or more attorneys who are not in the same firm
2 - the division or splitting of a fee between an attorney and a non-attorney

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25
Q

forwarding fee (finder’s fee, referral fee)

A

a fee received by one attorney from another to whom the first attorney referred a client

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26
Q

block billing

A

grouping multiple tasks under a single time charge rather than describing each task separately and assigning the actual time associated with each task; enters total time spent working blocks of tasks without itemizing the time spent on specific tasks for the case

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27
Q

double billing

A

fraudulently charging a client twice for the same service

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28
Q

padding

A

adding something without justification; adding unnecessary material in order to make something larger

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29
Q

time padding

A

inflating a client’s bill by charging for time that was not spent

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30
Q

task padding

A

inflating a client’s bill by charging for tasks that were not performed

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31
Q

client security fund

A

a fund (often run by a bar association or foundation) used to compensate victims of designated kinds of attorney misconduct

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32
Q

pretexting

A

using online deception as a pretext to obtain information from another person

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33
Q

attestation clause

A

a clause stating that you saw (witnessed) someone sign a document or perform other tasks related to the validity of the document

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34
Q

insider trading

A

improperly using or passing on to others any non-public information you learn about in the office in order to trade in the shares of a company

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35
Q

pirated software

A

software that has been placed (loaded) in a computer that is not authorized by the terms of the purchase or lease of the software

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36
Q

spoliation

A

intentionally destroying, altering, or concealing evidence

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37
Q

Federal Rules of Civil Procedure (FRCP)

A

the rules that govern the mechanics of resolving a dispute by a US district court, which is the main federal trial court

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38
Q

commingling

A

mixing what should be kept separate (depositing client funds into an account that also contains funds used for general operating expenses of the office)

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39
Q

material

A

1 - serious and substantial

2 - important enough to influence the decision that was made

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40
Q

confidential

A

1 - pertaining to information that others do not have a right to receive
2 - pertaining to all information related to the representation of a client whatever its source, including the fact that someone is a client

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41
Q

privileged

A

protected by a privilege so that disclosure is prohibited or limited

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42
Q

attorney-client privilege (ACP)

A

a client or client’s attorney can refuse to disclose any confidential (private) communication between them if the purpose of the communication was to facilitate the provision of legal services to the court

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43
Q

work-product rule

A

notes, working papers, memoranda, or similar things prepared by or for an attorney in anticipation of litigation are not discoverable by an opponent, absent a showing of substantial need; they are protected by privilege

44
Q

discoverable

A

pertaining to information or materials an opponent can obtain through deposition, interrogatories, or other discovery methods

45
Q

encrypt

A

convert text into a code that renders the text incomprehensible until it is reconverted to a readable format by a recipient with the right software

46
Q

legal malpractice

A

1 - malpractice committed by an attorney

2 - attorney negligence, which is the failure to exercise the reasonable care expected of an attorney in good standing

47
Q

adverse interest

A

a goal or claim of one person that is different from or opposed to the goal or claim of another person

48
Q

concerrent representation

A

the simultaneous representation of more than one current client who have adverse interests in the same litigated matter, in different litigated matters, in a negotiation, or in a transactional matter

49
Q

co-plaintiffs

A

two or more plaintiffs who bring a suit in the same civil case

50
Q

co-defendants

A

two or more defendants who are sued in the same civil case or who are prosecuted in the same criminal case

51
Q

transactional matter

A

anything involving a transaction such as entering a contract, incorporating a business, closing a real estate sale, or planning an estate

52
Q

successive representation

A

an attorney’s representation of a current client who is opposing a former client of this attorney

53
Q

overreaching

A

taking unfair advantage of another’s naivete or other vulnerability, especially by the deceptive means

54
Q

undue influence

A

improper persuasion, coercion, force, or deception

55
Q

bias

A

1 - an inclination, tendency, or predisposition to think or act in a certain way
2 - prejudice for or against something or someone
3 - a danger of prejudgment

56
Q

positional conflict

A

a conflict of interest that exists:
1 - if an attorney asserts inconsistent legal positions while representing two current clients in separate, unrelated cases and
2 - if success on behalf of a client in one case will harm or disadvantage the current client in the other case

57
Q

tainted

A

having or causing a conflict of interest; contaminated

58
Q

vicarious conflict

A

a conflict attributed to every attorney in a law office solely because of an actual conflict caused by one of the attorneys in the office

59
Q

vicarious disqualification (imputed disqualification)

A

the disqualification of every attorney in a law office from representing a client solely because of an actual conflict caused by one of the attorneys in the office

60
Q

imputed

A

attributed to

61
Q

screening

A

steps taken by a law office to isolate a tainted worker from involvement in a case in order to avoid vicarious disqualification of the office from representation of a client in that case

62
Q

quarantined

A

isolated or kept apart from a case because of a conflict of interest in connection with that case

63
Q

Chinese wall (ethical wall, cone of silence)

A

screening that prevents a tainted worker (attorney, paralegal, or other non-attorney) from having any contact with the case of a particular client in the office because the tainted worker has created a conflict of interest between that client and someone else; once the Chinese wall is set up around the tainted worker, the latter is referred to as a quarantined worker

64
Q

conclusive presumption

A

an assumption or inference of fact that a party will not be allowed to dispute or rebut

65
Q

rebuttable presumption

A

an assumption or interference of fact that can be overcome (rebutted) by sufficient contrary evidence but that will be treated as accurate if it is not rebutted

66
Q

career client list

A

a confidential list of every client or matter you worked on in any law office (as a paid employee or volunteer) from the beginning of your legal career to the present time; the list is used to help determine whether any of your future work might create a conflict of interest

67
Q

conflicts check

A

finding out whether a conflict of interest exists that might disqualify a law office from representing a prospective client or from continuing the representation of a current client

68
Q

lateral hire

A

a person hired from another law office

69
Q

disinterested

A

1 - not working for one side or the other in a controversy
2 - not deriving benefit if one side of a dispute wins or loses
3 - objective

70
Q

anti-contact rule (no-contact ruke)

A

an advocate must not contact an opposing party without permission of the latter’s attorney

71
Q

ex parte communications

A

communication with the court in the absence of the attorney for the other side

72
Q

solicitation

A

1 - an appeal or request for clients or business

2 - an attempt to obtain something by persuasion or application

73
Q

pecuniary

A

relating to money (pecuniary interest is financial interest)

74
Q

ambulance chasing

A

appeaching accident victims (or anyone else who might have a legal problem or claim) to encourage them to hire a particular attorney; if the attorney uses someone else to do the soliciting, called a runner; if this other person uses deception or fraud in the solicitation, sometimes called a capper or steerer

75
Q

real-time

A

occurring now; happening as you are watching; able to respond or otherwise interact immediately or within seconds

76
Q

barratry

A

the crime of stirring up quarrels or litigation; persistently instigating lawsuits, often groundless ones; the illegal solicitation of clients

77
Q

runner

A

1 - one who solicits business, especially accident cases

2 - an employee who delivers and files papers

78
Q

whistleblower

A

an employee who reports employer wrongdoing, usually to a government agency

79
Q

wrongful discharge

A

terminating an employee for a reason that is illegal or a violation of public policy

80
Q

cause of action

A

1 - a legally acceptable reason for bringing a suit; a rule that constitutes a legal theory for bringing a suit
2 - the facts that give a person a right to judicial relief; when you ‘state a cause of action’ you list the facts that give you a right to judicial relief against the alleged wrongdoer

81
Q

motion to dismiss

A

a request, often made before the trial begins, that the judge dismiss the case because the parties have reached a settlement or because of a serious procedural deficiency

82
Q

at-will employee

A

an employee who can be terminated for any reason that does not violate public policy; an employee with no union or other contractual protection

83
Q

public policy

A

the principles inherent in the customs, morals, and notions of justice that prevail in a state; the foundation of public laws; the principles that are naturally and inherently right and just

84
Q

gratuitous

A

1 - pertaining to what is performed or given without duty or obligation to do so
2 - free

85
Q

diversity of citizenship

A

the disputing parties are citizens of different states and the amount in controversy exceeds $75000; this diversity gives subject-matter jurisdiction to a US district court

86
Q

notice of appearance

A

a formal notification to a court by an attorney that he or she is representing a party in the litigation

87
Q

cured

A

corrected; removed a legal defect or error

88
Q

good cause (cause, just cause, sufficient cause

A

a legally sufficient ground; a justifiable reason

89
Q

letter of disengagement

A

a letter sent to a client formally notifying them that the law office will no longer be representing a client

90
Q

Model Rule 5.3

A

the rule in the ABA Model Rules of Professional Conduct governing the responsibility of different categories of attorneys for the conduct of paralegals and other non-attorney assistants in a law office

91
Q

tickler (come-up system)

A

a paper or computer system designed to provide reminders of important dates

92
Q

ratify

A

1 - to adopt or confirm a prior act or transaction, making one bound by it
2 - to give formal approval

93
Q

remedial

A

1 - corrective; intending to correct

2 - providing a remedy

94
Q

appellate brief

A

a document that a party files with an appellate court (and serves on an opponent) in which the party presents arguments on why the appellate court should affirm (approve), reverse, vacate (cancel), or otherwise modify what a lower court has done

95
Q

memorandum of law (memo, legal memorandum)

A

a written explanation of how one or more rules might apply to the facts of a client’s case

96
Q

complaint

A

1 - a plaintiff’s first pleading, stating a cause of action against the defendant (petition)
2 - a formal criminal charge

97
Q

pleading

A

a formal litigation document filed by a party that states or responds to the claims and defenses the parties have against each other; major pleadings are the complaint and answer

98
Q

closing

A

the meeting in which a transaction is finalized (example - meeting to complete a real estate sale or other transaction)

99
Q

depositions

A

1 - a method of discovery by which the parties and their prospective witness are questioned by the opposing party before trial at a location other than the courtroom; the purpose of discovery is to assist parties in trial preparation by allowing each side to uncover facts from the other side
2 - a post-trial method of discovery by which the winning party seeks to uncover facts that will help it enforce the judgment it obtained against the losing side

100
Q

deponent

A

a person who is questioned in a deposition

101
Q

transcripts

A

a word-for-word account of what was said

102
Q

execution

A

1 - signing a document and meeting other requirements needed to finalize the document and make it legal
2 - carrying out or performing some act to its completion
3 - carrying into effect the orders in a judgment
4 - a command or writ to a court officer (sheriff) to seize and sell the property of the losing litigant in order to satisfy the judgment debt (general execution, writ of execution)

103
Q

instrument

A

a formal written document that gives expression to or embodies a legal act or agreement (a contract, deed, will, lease, or mortgage)

104
Q

second chair

A

an assistant to the lead attorney in a trial; the assistant; usually another attorney sits at the counsel’s table in the courtroom

105
Q

subpoenas

A

1 - to command that someone appear at a certain time and place
2 - a command to appear at a certain time and place

106
Q

outsourcing

A

paying an outside company or service to perform tasks usually performed by one’s own employees

Introduction to Paralegalism (19 decks)

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