Legal Vernacular

Question 1

Conflict of Interest

Answer 1

a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties.

Question 2

Adverse Party

Answer 2

The person/organization with opposing interests to you.

Question 3

Shell

Answer 3

A “skeleton” document which includes the basic information required for an attorney to begin drafting- typically the case caption, certificate of service and interrogatories/requests for production (if applicable).

Question 4

Request for Production

Answer 4

During discovery, counsel will file a request for production in order to get certain documents that they would like to review in order to make their case.

Question 5

Interrogatories

Answer 5

During the discovery period, interrogatories are filed, which is a set of questions to get direct answers from opposing counsel, to help with a finding a facts and make your case.

Question 6

Pleadings

Answer 6

Pleadings: The document filed with the court, and placed in the case file. (i.e. the Complaint, Answer and Affirmative Defenses, Discovery requests are amongst the operative pleadings of a case file.

Question 7

E-Filing

Answer 7

E-filing: Filing documents (pleadings) with the court online, using an e-portal. Website and procedure will vary by state.

Question 8

Service of process

Answer 8

Delivery of a writ, summons, or other legal papers to the person required to respond to them.

Question 9

Pre-suit

Answer 9

A dispute/deal/negotiation which has not yet formally been memorialized in a lawsuit.