PR Definitions Flashcards
Model Rule 1.0 (n): “Writing” or “written”
Denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or videorecording, and electronic communications. A “signed” writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing.
Model Rule 1.0 (a): “Belief” or “believes”
Denotes that the person involved actually supposed the fact in question to be true. A person’s belief may be inferred from circumstances.
Model Rule 1.0 (b): “Confirmed in Writing”
When used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent. See paragraph (e) for the definition of “informed consent.” If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter.
Model Rule 1.0 (c): “Firm” or “law firm”
Denotes a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a legal services organization or the legal department of a corporation or other organization.
Model Rule 1.0 (d):
“Fraud” or “fraudulent”
Denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive.
Model Rule 1.0 (e):
“Informed consent”
Denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
Model Rule 1.0 (f):
“Knowingly,” “known,” or “knows”
Denotes actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances.
Model Rule 1.0 (g):
“Partner”
Denotes a member of a partnership, a shareholder in a law firm organized as a professional corporation, or a member of an association authorized to practice law.
Model Rule 1.0 (h): “Reasonable” or “reasonably”
When used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.
Model Rule 1.0 (i): “Reasonable belief” or “reasonably believes”
When used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable.
Model Rule 1.0 (j): “Reasonably should know”
When used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.
Model Rule 1.0 (k): “Screened”
Denotes the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under these Rules or other law.
Model Rule 1.0 (l): “Substantial”
When used in reference to degree or extent denotes a material matter of clear and weighty importance.
Model Rule 1.0 (m): “Tribunal”
Denotes a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party’s interests in a particular matter.
