chapter 5 Flashcards
rules that embody standards of behavior to which members of an organization are expected to conform.
Ethics
(1) penalty or punishment imposed for unacceptable conduct (2) permission or approval
sanction
A state bar association to which an attorney must belong in order to practice law in the state.
integrated bar association
the process by which individuals or institutions list their names on a roster kept by an agency of government or by a nongovernmental organization.
registration
a partnership consisting of attorneys and nonlegal professionals that offers legal and nonlegal services
multidisciplinary practice (MDP)
rules and guidelines covering ethical issues involving paralegals
paralegal code
using the knowledge and skill that are reasonably necessary to represent a particular client
competent
a clinical program in which students work on real cases under attorney supervision.
clinical education
a law stating that civil or criminal actions are barred if not brought within a specified period of time.
statute of limitations
causing delay, usually without merit or justification
dilatory
a bar association list of the lowest fees an attorney can charge for specific kinds of legal service
minimum fee schedule
a fee that is paid only if the case is successfully resolved by litigation or settlement. Also referred to a contingency fees.
contingent fee
a single client bill covering the fees of two or more attorneys who are not in the same firm. also called fee sharing.
fee splitting
a fee received by one attorney from another to whom the first attorney referred a client. also called a referral fee
forwarding fee
a maximum amount or maximum percentage that can be charged as a fee in particular kinds of cases
fee cap
a fee that an attorney can collect for the nonclerical work of his or her paralegal on a client case.
paralegal fee
a case applying a special statute that gives a judge authority to order the losing party to pay the winning partys attorney and paralegal fees.
statutory fee case
grouping multiple tasks under a single time charge rather than describing each task separately and assigning the actual time associated with each task.
block billing
existing or occuring in the same period of time: pertaining to records that are prepared on events as they are occurring or shortly thereafter.
contemporaneous
fraudulently charging a client twice for the same service
double billing
adding something without justification; adding unnecessary material in order to make something larger.
padding
inflating a clients bill by charging for time that was not spent
time padding
inflating a clients bill by charging for tasks that were not needed.
task padding
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
billable hours quota
an employee who can quit or be terminated at any time for any reason; an employee who has no union or other contract protection.
at will employee
a fund (often run by a bar association or foundation) used to compensate victims of designated kinds of attorney misconduct
client security fund
a clause stating that you saw (witnessed)someone sign a document or perform other tasks related to the validity of the document.
attestation clause
improperly using material, nonpublic information to trade in the shares of a company.
insider conflict
software that has been placed (loaded)in a computer that is not authorized by the terms of the purchase or lease of the software.
pirated software
a tort with the following elements (1) to initiate or procure the initiation of civil or criminal legal proceedings (2)without probable cause (3) with malice or an improper purpose (4)the proceedings terminate in favor of the person against whom the proceedings were brought
malicious prosecution
a tort consisting of (1) the use of a criminal or civil process (2)for a purpose for which the process is not designed (3)resulting in actual damage
abuse of process
intentionally destroying, altering or concealing evidence
spoliation
a method of resolving a legal dispute whereby the parties (alone or through their advocates) argue their conflicting claims before a neutral decision maker
adversary system
a position taken of behalf of a client that the attorney cannot support by a good faith argument based on existing law or on the need for a change in existing law.
frivolous position
one whose duty is to act in the interests of another with a high standard of care. Someone in whom another has a right to place great trust and to expect great loyalty.
fiduciary
a bank account controlled by an attorney that contains client funds that may not be used for office operating expenses or for any personal purposes of the attorney
client trust account
mixing what should be kept separate, e.g.,depositing client funds in a single account with general law firm funds or with an attorneys personal funds.
commingling
- An amount of money or other property paid by a client as a deposit or advance against future fees, costs and expenses of providing services.
- the act of hiring or engaging the services of someone, usually professional.
Retainer
a formal notification to a court by an attorney that he or she is representing a party in litigation.
notice of appearance.
to correct or overcome; to remove a legal defect or error.
cure
a letter sent to a client formally notifying him or her that the law office will no longer be representing the client.
letter of disengagement
a letter sent to a prospective client that explicitly says that the law office will not be representing him or her.
letter of nonengagement
that which should not be revealed; pertaining to information that others do not have a right to receive
confidential
protected by a privilege, e.g.,does not have to be disclosed.
privileged
(1)to waive a right; to agree. (2)voluntary agreement or permission, express or implied.
consent
a client and an attorney can refuse to disclose any communication made between them if the purpose of the communication was to facilitate the provision of legal services for the client.
attorney-client privilege
pertaining to information or other materials an opponent can obtain through deposition, interrogatories, or other discovery devises.
discoverable
notes, working papers, memoranda, or similar documents and tangible things prepared by or for an attorney in anticipation of litigation are not disposable by an opponent, absent a showing of substantial need.
work-product rule
the express or implied relinquishment of a right or privilege. Examples of an implied relinquishment include failing to claim it at the proper time or acting in a manner that is inconsistent with its existence.
waiver
data about data. Data about a computer document that are hidden within the document itself, e.g, earlier versions of the document
metadata
converted into a code that renders it incomprehensible until it is reconverted to a readable format by an authorized recipient.
encrypted
to edit or prepare a document for publication or release, often by deleting, altering, or blocking out text that you do not want enclosed.
redact
divided loyalty that actually or potentially harms someone who is owed undivided loyality
conflict of interest
prejudice for or against something or someone. An inclination or tendency to think and to act in a certain way. A danger of prejudgement.
bias
not working for one side or the other in a controversy; not deriving benefit if one side of a dispute wins or loses; objective.
disinterested
representing more than one side in a legal matter or controversy.
multiple representation
opposing purposes or claims
adverse interests
agreement to let something happen after obtaining a reasonable explanation of the benefits and risks involved.
informed consent
the obligation to protect the interests of a client without having a similar obligation to anyone else that would present an actual or potential conflict.
duty of loyality
all attorneys in the same firm are ineligible to represent a client because one of the attorneys or other employees in the firm has a conflict of interest with that client.
Imputed disqualification
having or causing a conflict of interest
tainted
a paralegal who brings a conflict of interest to a law office because of the paralegals prior work at another law office.
tainted paralegal
steps taken to prevent a tainted employee from having any contact with the case of a particular client in the office because the employee created a conflict of interest between that client and the office; a tainted employee shielded by a Chinese Wall becomes a quarantined employee.
Chinese wall
Isolated; kept away from information that would disqualify the firm.
quarantined
An inference of fact that can be overcome by sufficient contrary evidence
rebuttable presumption
a confidential list of every client and matter you worked on in any law office from the beginning of your legal career to the present time that can be used to help determine whether any of your future work might create a conflict of interest.
career client list
a determination of whether a conflict of interest exists that might disqualify a law firm from representing a client or from continuing the representation.
conflicts check
a law firm employee, often a paralegal, who helps the firm determine whether a conflict of interest exists between prospective clients and current or former clients.
conflicts specialist
an attorney, paralegal, or other employee who has been hired from another law firm
lateral hire
an advocate should not contact an opposing party without permission of the latters attorney; if the party is unrepresented, the advocate must not convey the impression that the advocate is disinterested.
anticontact rule
taking unfair advantage of anothers naiveté or other vulnerability, especially by deceptive means
overreaching
communication with the court in the absence of the attorney for the other side
ex parte communication
relating to money. a pecuniary interest is a financial interest
pecuniary
- an appeal or request for clients or business. 2
2. An attempt to obtain something by persuasion or application.
solicitation
approaching accident victims to encourage them to hire a particular attorney.
ambulance chasing
occuring now; happening as you are watching; able to respond immediately.
real time
the crime of stirring up quarrels or litigation; persistenly instigating lawsuits, often groundless ones. the illegal solicitation of clients.
barratry
- one who solicits business, especially accident cases. 2. an employee who delivers and files papers.
Runner
calling the attention of the public to a service or product for sale
advertising
personal injury
PI
the rule in the ABA model rules of professional conduct governing the responsibility of different categories of attorneys for the misconduct of paralegals and other non attorney assistants in a law firm.
Model Rule 5.3
- to adopt or confirm a prior act or transaction, making one bound by it. 2. to give formal approval
ratify
a system designed to provide reminders of important dates
Tickler
to reduce or minimize the severity of impact. To render less painful
mitigate
using legal skills to assist a specific person in resolving his or her specific legal problem.
practice of law
the application of laws and legal principles to the facts of a particular persons legal problem
legal advice
the meeting in which a transaction is finalized. also called settlement.
closing
a method of discovery by which parties and their prospective witnesses are questioned outside the courtroom before a trial. A pre-trial question or answer session to help parties prepare for trial. The person being questioned is the deponent
deposition
ask questions of a witness in a deposition
depose
a seat at the counsels table in the courtroom used by an assistance to the trial attorney during the trial.
second chair
a word for word account. a written copy of oral testimony
transcript
a command to appear at a certain time and place
subpoena
to use Shepards citations to obtain validation and other data on whatever you are shepardizing
shepardize
Guarantees the freedom of religion, speech and the press and the right to assemble peacefully and to petition the government
First Amendment
Prohibits in peacetime the lodging of soldiers in any house without the owners consent
The Third Amendment
Guarantees the right to keep and bear arms.
The Second Amendment
Prohibits unreasonable searches and seizures of persons or property
The Fourth Amendment
An equitable remedy requiring the performance that was specified in a contract: usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique (ex. real property)
Specific Performance
With respects to lawsuits, the plaintiff or the defendant. Some cases involve multiple parties (more than one plaintiff or defendant).
Party
A court decree ordering a person to do or refrain from doing a certain act.
Injunction
One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence and make determinations of fact.
Administrative law judge
Guarantees the rights to indictment by grand jury and to due process of law and prohibits compulsory self incrimination and double jeopardy.
Also prohibits the taking of private property for public use without just compensation.
The fifth Amendment
Guarantees the accused in a civil case the right to a speedy and public trial by an impartial jury and the right to counsel. The accused has the right to cross examine witnesses against him or her and to solicit testimony from witnesses in his or her favor.
The sixth Amendment
Prohibits excessive bail and fines as well as cruel and unusual punishment
The eighth amendment
An order, rule or law enacted by a municipal or county government to govern a local matter not addressed by state of federal legislature.
ordinance
An identification number assigned to a statute
Public Law Number
A doctrine under which a federal law preempts, or takes precedence over, conflicting state and local laws.
Preemption
A reference numner that indicated where a particular constitutional provision, statute, reported case or article can be found.
Citation
A legal system in which the parties to a lawsuit are opponents or adversaries, and present their cases in the light most favorable to themselves. The impartial decision maker (the judge or jury) determines who winds based on an application of the law to the evidence presented.
Adversarial system of justice
A statement by the court setting forth the applicable law and the reasons for its decision in a case.
opinion
