Chapter 3 - Case Evaluation and Strategy - Terminology Flashcards
A claim by the lawyer on any judgment or recovery obtained by the client to ensure payments of the lawyer’s fee
Attorney’s Lien
An agreement between the lawyer and client whereby the lawyer will receive as compensation for lawyer’s fee a certain percentage in the recovery ultimately obtained by the client. No recovery = no lawyer’s fee. Commonly used in personal injury.
Contingency fee agreement
Out-of-pocket expenses incurred by the lawyer during the course of representation of the client and that are reimbursed by the client.
Costs
Motions heard by the court any time before trial that have the effect of deciding and terminating the lawsuit without the necessity of trial
Dispositive motions
An agreement between the lawyer and client whereby the lawyer receives a predetermined sum as the amount of the fee regardless of how much work is expended on the client’s behalf.
Fixed flat fee
When the lawyer charges the client at a specific rate per hour multiplied by the number of hours spent on the client’s behalf
Hourly rate
Contract provisions usually requiring notice of intent to sue or presentation of claims before filing suit, and requiring that notice be given within a short period of time, usually much shorter than applicable statute of limitations period
Notice and claims provisions
The amount the client pays the lawyer at the commencement of the representation. This fee is credited against the costs incurred by the client.
Retainer fee
A resolution by the parties of their dispute without the necessity of trial
Settlement
The lawyer’s position on, and approach to, all the undisputed and disputed evidence that will be presented at trial. Another name for your side’s version of the facts.
Theory of the case
