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Paralegal > Chapter 1 > Flashcards

Chapter 1 Flashcards

1
Q

Continuing legal education (CLE)

A

Training for law that someone goes through after completing legal training or becoming employed.

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2
Q

Certification

A

It represents the level of qualifications someone has met that’s been recognized by a nongovernmental organization who set them.

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3
Q

National Federation of Paralegal Associations (NFPA)

A

It is affiliated with more than fifty state and local paralegal associations throughout the country.

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4
Q

Paralegal CORE Competency Exam (PCCE)

A

A voluntary certification for entry-level paralegals offered by NFPA.

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5
Q

Paralegal Advanced Competency Exam (PACE)

A

A voluntary certification for paralegals with experience offered by NFPA.

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6
Q

National Association of Legal Assistants (NALA)

A

It is primarily an association of individual paralegals that is affiliated with eighty-one state and local paralegal associations.

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7
Q

Certified Legal Assistant/Certified Paralegal (CLA)

A

A voluntary certification for entry-level paralegals offered by NALA.

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8
Q

Advanced Paralegal Certification (APC)

A

A voluntary certification for paralegals with experience offered by NALA.

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9
Q

National Association for Legal Professionals (NALS)

A

It is an association that consists of more than four thousand paralegals and legal secretaries in 100+ chapters throughout the country.

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10
Q

Professional Paralegal Exam (PP)

A

A voluntary certification for paralegals offered by NALS.

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11
Q

American Bar Association (ABA)

A

A voluntary association of attorneys that has a Standing Committee on Paralegals.

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12
Q

Standing Committee on Paralegals (SCOP)

A

They do publications of research on paralegals, the establishment of a voluntary program that approves paralegal schools, and the creation of an associate membership category for paralegals.

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13
Q

Paralegal/Legal Assistant

A

Someone who is qualified by education, training or work experience and is employed to perform specifically delegated substantive legal work for which a lawyer is responsible.

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14
Q

What is the difference between a Paralegal and Legal Assistant?

A

A paralegal would strictly be responsible for doing substantive tasks on behalf of a lawyer, while an assistant might be prone to doing legal secretary tasks along with substantive tasks.

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15
Q

Legal Secretary

A

Someone who strictly performs clerical work for a law office or organization.

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16
Q

Traditional Paralegal

A

A paralegal who is an employee of an attorney.

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17
Q

Independent Contractors

A

Self-employed people who operate their own business and contract to do work for others. Many of the administrative details of how they perform their services are not controlled by the employer, but what happens to the product of their work is.

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18
Q

Transactional Paralegal

A

Someone who provides assistance to attorneys with clients engaged in a large variety of transactions, like contracts, incorporating a business, closing a real estate sale, or planning an estate.

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19
Q

Sole Practitioner

A

An attorney who practices alone. There are no partners or associates in the office.

20
Q

Independent Paralegal

A

Someone who sells their services and works under the supervision of one or more attorneys.

21
Q

Document Service Provider (DSP)

A

Someone who works without attorney supervision to provide legal-document assistance to individuals who are representing themselves.

22
Q

Unauthorized Practice of Law (UPL)

A

The act of attempting to use legal skills to help resolve a specific person’s legal problem when the assistance is provided by someone who does not have a required license to practice law.

23
Q

Paralegal fee

A

A fee that an attorney can collect for the non-clerical work of the attorney’s paralegal; covers the paralegal’s substantive legal work on behalf of the client.

24
Q

Contingent fee

A

A fee that is paid only if the case is successfully resolved by litigation or settlement; regardless of the number of hours spent on the case.

25
Q

Court costs

A

Charges or fees paid to and imposed by the court that are directly related to litigation in that court.

26
Q

Overhead

A

The operating expenses of a business for which customers or clients are not charged a separate fee (e.g. rent, insurance, and secretaries); However, some attorneys do charge clients for clerical actions done by secretaries.

27
Q

Engagement letter

A

A letter that identifies the extent of services to be provided by a professional and the payments to be made for such services.

28
Q

American rule

A

Each party pays his or her own attorney fees regardless of who wins the case.

29
Q

English rule

A

The losing side in litigation must pay the winner’s attorney fees.

30
Q

Fee-shifting

A

Requires one party to pay another party’s attorney fees and paralegal fees because of prior agreement, bad faith, or special statute.

31
Q

Bad faith

A

Dishonesty of abuse in one’s purpose or conduct.

32
Q

Frivolous

A

Lacks merit and pertains to a legal position that cannot be supported by a good-faith argument based on existing law or on the need for a change of one.

33
Q

Aggrieved

A

Injured or wrong and thereby entitled to a remedy.

34
Q

Remedy

A

The means by which a right is enforced or the violation of a right is prevented, compensated for; or otherwise fixed.

35
Q

Statutory-fee cases

A

A case applying a special statute that gives a judge authority to order the losing party to pay the winning party’s attorney and paralegal fees/costs.

36
Q

Lodestar

A

A method of calculating an award of attorney fees authorized by statute. The number of reasonable hours spent on the case is multiplied by the prevailing hourly rate in the community for similar work by attorneys.

37
Q

Law clerk

A

An attorney’s employee who is in law school studying to become an attorney who has graduated from law school and is waiting to pass the bar examination.

38
Q

Amicus curiae brief

A

An appellate brief submitted by a nonparty who obtains court permission to file the brief setting out its views on how the case should be resolved.

39
Q

Timekeeping

A

Recording time spent on a client matter for purposes of billing and productivity assessment.

40
Q

Contemporaneous

A

Happening in the same period of time; pertains to records that are prepared regarding events as they are occurring or very shortly thereafter.

41
Q

Leveraging

A

Making profit from the income-generating work of others.

42
Q

Billable

A

Pertaining to those tasks requiring time that can be charged to and paid by the client.

43
Q

Closing

A

The meeting in which a transaction is finalized.

44
Q

Billable hour quota

A

A minimum number of hours expected from a timekeeper on client matters that can be charged to clients per week, month, year or other time period.

45
Q

Rule of Three

A

A guideline used by law firms to determine the budget expectations that may come from hiring a paralegals: gross revenue accumulated through paralegal billing should equal three times a paralegal’s salary.

46
Q

Realization rate

A

The percentage of total client billings of an attorney or paralegal that the office actually collects.

47
Q

Attorney attestation

A

A signed statement by an attorney that a paralegal applying for membership in an association meets one or more of the criteria for it.

Paralegal (6 decks)

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