Legal Terms Chapter 8 - Legal Ethics Flashcards
American Bar Association
The largest bar association in the United States; it sets academic standards for law schools and formulates a model of ethics codes related to the legal profession.
Attorney-client privilege
This is related to the duty of confidentiality, but coming from evidence law; it protects the lawyer from having to testify against his or her client, even when issued a subpoena.
Bar exam
The exam that lawyers have to pass in order to get licensed to practice law.
Canons of professional ethics
The first set of ethics rules created by the American Bar Association in 1906.
Comments
The official remarks that help a reader understand the focus of the rules in the American Bar Association Model of Rules.
Competent
In a legal ethics context, the capability to adequately represent the client by possessing the underlying substantive and procedural legal expertise that is needed for the matter.
Confidential communication
A conversation or writing that expresses personal or private information.
Conflict of interest
A situation in which a lawyer is torn between loyalty to two or more clients, or loyalty between client and lawyer.
Contingency fee
A percentage of the plaintiff’s awarded damages or settlement amount; this must be in writing and signed by the client.
Diligence
An important part of competence involving keeping a client reasonably informed about the status of his or her matter and responding to client requests for information.
Disbarment
Permanent loss of a law license, ordered by a court that oversees the practice of law.
Disciplinary commission
A group of people empowered by its jurisdiction’s highest court to investigate grievances against lawyers.
Duty of confidentiality
A rule requiring lawyers to protect his or her client information, including statements made to the lawyer, documents given to the lawyer, and any information the lawyer learns about the client, whatever the source.
Ethics opinions
Formal answers (which have a similarity in style to appellate court opinions) to questions about the interpretation or application of the ethics rules.
Ex parte communication
A lawyer communicating with the judge while the other party’s lawyer is unaware of the communication.
Flat fee
One fee for legal work not billed by the hour; a sum certain cost of the lawyer’s services not based on an hourly rate and billable hours.
Frivolous lawsuit
A lawsuit meant to harass someone or one that has no basis in law or fact for bringing the claim or appeal.
Grievance
A written accusation against a lawyer and filed with the appropriate lawyer disciplinary commission.
Guidelines
Direct to lawyers to address how to use their employees in support of the clients’ needs.
Hourly billing
The lawyer’s hourly rate times the lawyer’s billable hours.
Informed consent
Acknowledged awareness of the likely consequences of taking a course of action.
Legal assistant
A person who is trained to work in a legal office; it is often synonymous with paralegal, although some lawyers consider a legal assistant to be someone less trained or educated than a paralegal.
Legal fees
Charges for a lawyer’s time and efforts.
License suspension, short
involves the lawyer automatically being able to practice law at the suspension’s conclusion.
License suspension, long
The lawyer must apply for reinstatement to the practice of law at the suspension’s conclusion.
Model code for professional responsibility
Rules for lawyer conduct created by the American Bar Association in 1969.
Model rules for professional conduct
Replaced the model code for professional responsibility in 1983; formulated with mandatory rules followed by explanatory comments.
Multistate bar exam
A multiple choice exam covering 7 subject areas, developed by the National Conference of Bar Examiners; part of the Uniform bar exam.
Multistate performance test
A test developed by the National Conference of Bar Examiners to evaluate an examinee’s fundamental lawyering skills, rather than measuring substantive legal knowledge.
Nonbillables
Overhead expenses, such as paper clips, rent, and utilities, that cannot be charged to a lawyer’s client.
Private reprimand
A sanction issued against an attorney for a grievance where the attorney’s name is not included in the official censure.
Public reprimand
A sanction issued against an attorney for a grievance where the attorney’s name is listed on the official censure.
Soliciting
The act of live-contact attempts to seek new clients.
Tort
A wrong against an individual.
Uniform bar exam
An exam coordinated by the National Conference of Bar Examiners that includes the Multistate bar exam and uniformly tests knowledge and skills required to practice law and results in a portable score that can be transferred for admission to practice in those jurisdictions that accept this test.
Waiver
The voluntary relinquishment of a known privilege or right.
Waste
The abuse or destructive use of property that is in one’s rightful possession.
