R 1.0 - Terminology

Question 1

Belief or Believes

Answer 1

Denotes that the person involved actually supposed the fact in question to be true. A person’s belief may be inferred from circumstances.

Question 2

Confirmed in writing

Answer 2

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.

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.

Question 3

Firm or Law Firm

Answer 3

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.

Question 4

Fraud or Fraudulent

Answer 4

Denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive.

Question 5

Informed consent

Answer 5

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.

Question 6

Knowingly, Known, or Knows

Answer 6

Denotes actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances.

Question 7

Partner

Answer 7

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.

Question 8

Reasonable or Reasonably

Answer 8

When used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.

Question 9

Reasonable belief or Reasonably believes

Answer 9

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.

Question 10

Reasonably should know

Answer 10

When used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.

Question 11

Screened

Answer 11

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.

Question 12

Substantial

Answer 12

When used in reference to degree or extent denotes a material matter of clear and weighty importance.

Question 13

Tribunal

Answer 13

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.

Question 14

Writing or Written

Answer 14

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.

Question 15

When an attorney has obtained informed consent, the attorney may . . .

Answer 15

The attorney may act in reliance on that consent so long as it is confirmed in writing within a reasonable time thereafter.

Question 16

What must you look at to determined whether two or more lawyers constitute a firm?

Answer 16

Depends on specific facts under the circumstances.

Question 17

Does a law department of an organization, including the government, constitute as a firm?

Answer 17

Yes, ordinarily the members of the department constitute a firm with the meaning of the word “firm.”

Question 18

Does a legal aid or legal services organization constitute as a firm?

Answer 18

Yes.

Question 19

What does fraud or fraudulent not include? And are showing of damages necessary?

Answer 19

It does not include merely negligent misrepresentation or negligent failure to appraise another of relevant information.

It is not necessary that anyone has suffered damages or relied on the misrepresentation or failure to inform.

Question 20

What does informed consent consist of?

Answer 20

The attorney must make reasonable efforts to ensure that the client possesses the information reasonably adequate to make an informed decision.

The communication will requires disclosure of the facts and circumstances giving rise to the situation, any explanation reasonably necessary to inform the client of the material advantages and disadvantages of the proposed course of conduct and a discussion of the client’s opinion and alternatives.

Question 21

What does an attorney need to do to obtain informed consent from the client?

Answer 21

The attorney requires an affirmative response by the client.

Question 22

What is the purpose of screening?

Answer 22

To protect the confidential information known by a screened attorney is not further distributed to other non-disqualified attorneys.

The disqualified attorney within a firm should make it known to the other non-disqualified attorneys to not communicate with the disqualified attorney.

Measures should be taken within the firm to remind all staffed attorneys that there are screening in place; should be noticed in writing.

Question 23

When should screening measures take place?

Answer 23

It should be implemented as soon as practical after a lawyer or law firm knows or reasonably should know that there is a need for screening.