Regs. of Legal Profession Assessment Flashcards
Disbarment
The permanent revocation of an attorney’s license to practice law
Legal Ethics
The rules of professional conduct for practicing attorneys
Examples of Professional Misconduct
Examples are breaching confidentiality, drug abuse, the failure to reach the standards and/or comply within one’s workplace, theft, and fraud.
Examples of Legal Malpractice
Examples of Legal Malpractice
Examples are missing deadlines, lack of communication and/or consent, errors within planning, or failure to foresee judgment.
Admonition versus Reprimand
Admonition is a letter from a state disciplinary board to the lawyer which states the facts forming the evidentiary basis for the finding of misconduct. Reprimand deals with the same context as admonition, however, it is more stronger than admonition.
Third Party Presence
A person present who is a part of an outside party, a part of the lawyer’s team of staff, an advisor, or even an interpreter.
Disciplinary Investigation
A process in which it begins with a complaint against a lawyer. Through the information provided throughout this session, the investigator will examine the facts and issue reports to the disciplinary board or grievance committee appointed by the state high court. After the board reviews this report, they could either dismiss the issue or request more investigation, or even issue a letter of advisement or private admonition to the lawyer.
Reasonable Diligence
Acting with commitment and dedication to further the interests of the client, proceeding with zeal in advocacy on the client’s behalf.
Competent Representation
Requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for legal representation as well as reasonable diligence and promptness in representing the client.
Diligent representation
Involves balancing conflicts between a lawyer’s responsibilities to clients and to the legal system, but the lawyer must stay within the bounds of the law and their professional responsibilities.
Corporations’ Legal Identity
Corporations are known to be a legal entity and can therefore can be sued, can sue, lend, and borrow.
Legal Agent
An individual who has been legally given power on the account of another person/entity.
professional conduct
Known to be a set list of attitudes, behaviors, or characteristics that is deemed to be fit in a professional standpoint/work profession.
dealing with the court
Attending court practices in which a criminal/person claimed to be at fault is brought in front of a judge to plead guilty or not.
attorney-client relationship
An individual looks for advice/assistance from an attorney and the attorney in return agrees to provide help.