Chapters 1-3 Vocab Flashcards
Integrated Bar Associations
Unified, membership is compulsory
Model Rules
The ABA list of codes and regulations for legal ethics, adopted by most states, but not California
Ethics Advisory Opinions
Written Opinions from a bar association interpreting relevant ethical precedents and applying them to an ethical issue.
Disbarment
Rescinding of a lawyers license to practice, usually permanent
Suspension
Attorney is deprived of the right to practice law for a specific period of time
Probation
Attorney can practice law, but some requirements need to be met like attending an ethics course, receiving treatment or counseling.
Reprimand
Warning that ethical violations have occurred and will not be tolerated. Also called a reproval. Always becomes a part of an attorneys record but can be made public or private.
Aggravating and mitigating factors
factors like cooperation, attitude throughout investigation, community service and circumstances of offense.
legal malpractice lawsuits
The civil name for a malpractice lawsuit, but criminal charges can be brought.
Certification
Voluntary recognition of an occupation based on a person having met specific qualifications.
Licensing
Mandatory form of regulation in which a government agency grants permission to engage in an occupation and use a title.
Document Assistants and preparers
Non-lawyers who are authorized to assist members of the public in representing themselves. But are not permitted to give legal advice or appear in court.
UPL
Unauthorized Practice of Law
pro hac vice
Special rules that allows a lawyer to represent a client in a state court in a state court in a state where the lawyer is not licensed to practice.
What actions constitute unauthorized practice of law
Making court appearances, conducting depositions, writing pleadings,
Exceptions to UPL
Self-representation and when appearing before certain admin agencies.
quasi-judicial
disputes solved in hearings similar to, but less formal than a trial. Allows a non-lawyer to present and argue a case.
Attorney -Client Relationship
fiduciary relationship, lawyer must set the fees and accept the case and establish the scope of representation.
Legal advice
Can not be given by anyone other than a lawyer without UPL, it is a substantive legal opinion that directs or recommends a course of action, explains options/rights/responsibilities, evaluates outcome and interprets primary documents regarding the case to the client.
Exceptions for Paralegals and Attorney Client relationship
Paralegal can oversee and sign for a will execution, can assist with real estate closings, negotiating settlements and loan modifications
Paralegal Disclosure
Must never claim or appear to be the attorney for a client, must state clearly on letterhead and business cards that one is a paralegal and introduces oneself as such.
Independent Contractor and Freelance Paralegals
Paralegals who handle projects for attorneys on an as need basis
Attorney -Client Privilege
a rule of evidence that protects clients confidential information. Only the client may waive the ability for an attorney to release some portion of confidentiality. Only covers legal advice and matters related to the case. This privilege extends to non-lawyer staff as well, the staff is not permitted to breach confidentiality.
What is not covered
Generally name and location, fees, and any evidence related to a crime,
Conflict of Interest
When an attorney has either previously represented a current clients adversary or when one client (like a married couple) gets a divorce
Control Group Test
Limits attorney client privilege to confidential communications between the attorney and top management personal
Subject Matter test
Applies attorney client privilege to all corporate employees who communicate in confidence with the attorney for the purpose of enabling the attorney to render legal services
in camera
proceedings held in the judges chambers without the jury or public present.
Mental Impressions
A lawyers ideas on how to conduct the case, theories strategies etc.
Informational material
Factual research material, such as witness interviews, This confidentiality privilege only covers work done in preparation for litigation, not any evidence discovered before.
