Deck 1 Flashcards
bar/state bar/appropriate disciplinary authority
agency w/in jx w/ auth to admin stndards of admission to practice law and maintenance of prof. competence and integrity
certified specialist
lawyer recognized as proficient in particular area of law w/in jx
may or proper
conduct that is professionally appropriate
subject to civil liability
conduct that would cause lawyer or his firm civil liability, e.g. malpractice or breach of fdciary duty
subject to criminal liability
conduct that would subject lawyer to crim liability for participation in or aiding or abetting criminal acts, e.g. destruction of evidence
subject to discipline
conduct that would subject lawyer to discipline under model rules or judge under code of jdcial conduct
subject to disqualification
conduct that would subject lawyer or his firm to fine, fee, forfeiture etc. by legal tribunal
appointment by a judge
an appointment to e.g. referee, commissioner, special master
belief
supposition by someone that a fact is true; subjective; can infer from circumstances
confirmed in writing
writing that acknowledges client’s informed consent; need not be signed by client
economic interest
ownership of more than de minimis legal/equitable interest
fraud
conduct fraudulent under substantive or procedural law w/in jx and has purpose to deceive
government legal engagement
engagement to provide legal svcs that a public official has direct or indirect power to award
informed consent
consent given after communicating adequate info. re: material risks, as well as reasonable alternatives; can take into account legal knowledge
knowledge
actual knowledge of fact; subjective but can be inferred from circumstances
law firm
asso. of lawyers auth. to practice law; includes sole proprietorships
partner
member of a partnership
reasonable
conduct of a reasonably prudent and competent lawyer; objective
reasonable belief
1) belief in matter (subjective) + 2) reasonable (objective)
reasonably should know
lawyer of reasonable prudence and competence would know; objective
screened
isolation of lawyer from matter through timely imposition of procedures reasonably adequate under circumstances to protect info lawyer is supposed to protect
signed
any means, incl. electronic, executed or adopted by person w/ intent to sign
substantial
clear and weighty importance
tribunal
entity that adjudicates; neutral, hears evidence or legal argument and enters binding legal judgment
