Article 1 Terminology and Article 2 Counselor Flashcards
Belief or Believes
The person involved actually supposed the fact in question to be true. A person’s belief may be inferred from circumstances.
Confirmed in Writing
When used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent. If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter.
Firm or Law Firm
A lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a legal services organization or the legal department of a corporation or other organization.
Fraud or Fraudulent
Conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive.
Informed Consent
The agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
Knowingly, Known, or Knows
Actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances.
Partner
A member of a partnership, a shareholder in a law firm organized as a professional corporation, or a member of an association authorized to practice law.
Reasonable or Reasonably
When used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.
Reasonable Belief or Reasonably Believes
When used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable.
Reasonably Should Know
When used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.
Screened
The isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under these Rules or other law.
Substantial
When used in reference to degree or extent denotes a material matter of clear and weighty importance.
Tribunal
A court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party’s interests in a particular matter
Writing or Written
A tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or videorecording, and electronic communications. A “signed” writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing.
2.1 Advisor
In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client’s situation.
