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PLS127 Legal Terminology > Legal Ethics Ch.8 > Flashcards

Legal Ethics Ch.8 Flashcards

1
Q

Define legal ethics

A

a tradition of do’s and don’ts applied in the legal profession. Most states
have adopted the ABA Model Rules and Guidelines as ethics rules.

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2
Q

In what year did the American Bar Association (ABA) created its first set of ethnic rules

A

1908

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3
Q

When did the ABA update its rules

A

2003

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4
Q

Define multistate professional responsibility exam (MPRE)

A

A national ethics exam must be passed to get licensed

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5
Q

Define multistate bar exam (MBE)

A

200 multiple choice exam covering 7 subject areas

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6
Q

Define multistate performance test (MPT)

A

Intended to evaluate and examinee’s fundamental lawyering skills, rather than measuring substantive legal knowledge

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7
Q

Define uniform bar exam (UBE)

A

uniformly test knowledge and skills required to practice law

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8
Q

Who regulates lawyers

A

The highest appellate court in the state

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9
Q

What are the 4 Things the highest appellate court in the state does

A
  1. Regulates lawyers conduct
  2. Adapts or creates a set of legal ethnic rules
  3. Investigate accusations of lawyers misconduct
  4. Has adapted the ABA model rules as the operating conductor rules in all states (except California)
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10
Q

What are the 2 largest paralegal and legal assistant organizations

A

National Federation of paralegal Association (NFPA)

National Association of legal assistance (NALA)

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11
Q

Do the NFPA and the NALA have their own set ethnic rules

A

Yes

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12
Q

Define model rule 1.1

A

It is a mandatory duty that lawyers provide competent representation

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13
Q

Define Competent

A

Lawyers may not take or engage in litigation where the area of law is beyond the lawyers knowledge base or skill

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14
Q

Define model rule 1.3

A

It requires a lawyer to act with reasonable diligence and promptness

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15
Q

Define Diligence

A

Diligence is an important of competence

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16
Q

What are the 2 prohibitions

A
  1. Dishonesty includes failing to disclose one’s status as attorney or paralegal and engaging in ex parte communication
  2. Lawyers are also prohibited from bringing frivolous suits and frivolous appeals
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17
Q

Define legal assistant

A

Often synonymous with paralegal, but some attorneys consider them to be less educated than a paralegal

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18
Q

What does attorney-client privilege do

A
  1. It protects lawyers from having to testify against their clients, even when issued a subpoena
  2. It applies when the attorney is asked to divulge a confidential communication
  3. Confidential communication conversations or writing expressing personal or private information that a client had with his or her attorney
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19
Q

What are guidelines

A

a set of guidelines pertaining to legal ethics, adopted by many states for the
use by lawyers on how to ethically use their employees in the support of client needs

20
Q

Define costs

A

Expenses associated with a legal matter, such as filing fees

21
Q

Define hourly billing

A

Lawyers using hourly billing may not charge to clients for the same amount of time

22
Q

Define nonbillables

A

Overhead expenses that lawyers may not charge for directly

23
Q

Define Contingency (contingent) fee

A

Agreement must be in writing and signed by the client

24
Q

Define model rule 1.5

A

Contingency fees are not allowed in criminal and divorce cases

25
Q

Define Diligence

A

a component of competence that requires a lawyer to keep a client reasonable
informed about the status of his or her matter, and responding to client requests for
information

26
Q

Under model rule 1.6 lawyers must protect their clients information

A
  1. Statements given to lawyers
  2. Documents given to lawyers
  3. Other information lawyers learn about clients, whatever the source
27
Q

Define hourly billing

A

a lawyer’s hourly rate times the lawyer’s billable hours. Firms may bill
hourly charges for paralegal work also provided that the client is aware and approves

28
Q

Define Contingency (contingent) fee

A

a fee a lawyer charges with an agreement is in writing and signed by
the client which is a percentage of the plaintiff’s awarded damages.

29
Q

Written solicitations must say on envelopes and letters written to potential clients

A

Advertising material

30
Q

Define grievance

A

A written accusation of a lawyer’s misconduct against a client file to the jurisdiction disciplinary commission

31
Q

Define paralegal

A

a nonlawyer employee of a lawyer who has received training and education
on how to engage in substantive legal work, while not practicing law, including giving
legal advice

32
Q

Define legal assistant

A

a nonlawyer employee of a lawyer who may be less educated than a
paralegal, but who could engage in substantive legal work while not being allowed to
practice law.

33
Q

Define nonbillables

A

law firm overhead expenses (rent, paperclips, utilities) that law firms
may not charge for in client billing

34
Q

Define private reprimand

A

a sanction issued by a jurisdiction’s disciplinary commission when
a lawyer is found to have violated his or her jurisdiction’s rules of professional conduct.
The lawyer’s name is not included in the official censure

35
Q

Define public reprimand

A

a sanction issued by a jurisdiction’s disciplinary commission when a
lawyer is found to have violated his or her jurisdiction’s rules of professional conduct.
The lawyer’s name is listed in the official censure

36
Q

Define license suspension

A

a limited time period when a lawyer’s license is invalid, preventing
the lawyer from practicing law.

37
Q

Define Disbarment

A

Permanent loss of a law license

38
Q

Define duty of confidentiality

A

the action of implementing ABA Model Rule 1.6 which
requires a lawyer (meaning lawyer’s staff also) to protect his or her client information.
The information includes statements made to the lawyer, documents given to the lawyer,
as well as other information the lawyer learns about the client, no matter whatever it’s
source. Prospective clients are protected by Model Rule 1.18 which prohibits lawyers
from using information that they learn from those whose cases they do not take

39
Q

Define ex parte communication

A

a lawyer in communication with a judge while the other

party’s lawyer is unaware of the communication

40
Q

Define frivolous suits

A

lawsuits meant to harass someone, or if there is no basis in law or fact
for bringing the claim or appeal

41
Q

Define informed consent

A

acknowledged awareness of the likely consequences for taking a
course of action.

42
Q

Define Model Code of Professional Responsibility

A

a set of ethics rules first adopted in 1969

by the American Bar Association (ABA)

43
Q

Define Model Rules of Professional Conduct

A

a set of ethics rules adopted in 1983 and

updated in 2003 to replace the Model Code of Professional Responsibility

44
Q

Define Rules

A

mandatory rules of ethics formatted in the American Bar Association (ABA)
Model Rules

45
Q

Define soliciting

A 
live contact (oral or written communication) by a lawyer with a prospective 
client designed to obtain that prospective client.

PLS127 Legal Terminology (21 decks)

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