Chapters 1-3 Vocab

Question 1

Integrated Bar Associations

Answer 1

Unified, membership is compulsory

Question 2

Model Rules

Answer 2

The ABA list of codes and regulations for legal ethics, adopted by most states, but not California

Question 3

Ethics Advisory Opinions

Answer 3

Written Opinions from a bar association interpreting relevant ethical precedents and applying them to an ethical issue.

Question 4

Disbarment

Answer 4

Rescinding of a lawyers license to practice, usually permanent

Question 5

Suspension

Answer 5

Attorney is deprived of the right to practice law for a specific period of time

Question 6

Probation

Answer 6

Attorney can practice law, but some requirements need to be met like attending an ethics course, receiving treatment or counseling.

Question 7

Reprimand

Answer 7

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.

Question 8

Aggravating and mitigating factors

Answer 8

factors like cooperation, attitude throughout investigation, community service and circumstances of offense.

Question 9

legal malpractice lawsuits

Answer 9

The civil name for a malpractice lawsuit, but criminal charges can be brought.

Question 10

Certification

Answer 10

Voluntary recognition of an occupation based on a person having met specific qualifications.

Question 11

Licensing

Answer 11

Mandatory form of regulation in which a government agency grants permission to engage in an occupation and use a title.

Question 12

Document Assistants and preparers

Answer 12

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.

Question 13

UPL

Answer 13

Unauthorized Practice of Law

Question 14

pro hac vice

Answer 14

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.

Question 15

What actions constitute unauthorized practice of law

Answer 15

Making court appearances, conducting depositions, writing pleadings,

Question 16

Exceptions to UPL

Answer 16

Self-representation and when appearing before certain admin agencies.

Question 17

quasi-judicial

Answer 17

disputes solved in hearings similar to, but less formal than a trial. Allows a non-lawyer to present and argue a case.

Question 18

Attorney -Client Relationship

Answer 18

fiduciary relationship, lawyer must set the fees and accept the case and establish the scope of representation.

Question 19

Legal advice

Answer 19

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.

Question 20

Exceptions for Paralegals and Attorney Client relationship

Answer 20

Paralegal can oversee and sign for a will execution, can assist with real estate closings, negotiating settlements and loan modifications

Question 21

Paralegal Disclosure

Answer 21

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.

Question 22

Independent Contractor and Freelance Paralegals

Answer 22

Paralegals who handle projects for attorneys on an as need basis

Question 23

Attorney -Client Privilege

Answer 23

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.

Question 24

What is not covered

Answer 24

Generally name and location, fees, and any evidence related to a crime,

Question 25

Conflict of Interest

Answer 25

When an attorney has either previously represented a current clients adversary or when one client (like a married couple) gets a divorce

Question 26

Control Group Test

Answer 26

Limits attorney client privilege to confidential communications between the attorney and top management personal

Question 27

Subject Matter test

Answer 27

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

Question 28

in camera

Answer 28

proceedings held in the judges chambers without the jury or public present.

Question 29

Mental Impressions

Answer 29

A lawyers ideas on how to conduct the case, theories strategies etc.

Question 30

Informational material

Answer 30

Factual research material, such as witness interviews, This confidentiality privilege only covers work done in preparation for litigation, not any evidence discovered before.