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45 Cards in this Set

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AAFPE
American Association for Paralegal Education
ABA - American Bar Association
- largest professional legal association in the US
- no specific to any jurisdiction
- sets academic standards for law schools
ABA Model Rules of Professional Conduct
Set rules created by the ABA
- baseline standards for legal ethics and professional responsebility for laywers (recommended for paralegals)
ALS
basic certification for legal professionals from NALS
attorney-client privilege
legal concept that protects communication between a client and his attorney and keeps those communications confidential
chinese wall (also see ethical wall)
- used in law firms, when part of the firm, representing a party of a deal or litigation, is seperated from another part with contrary interest
- illegal in Ohia
ethical wall (also see chinese wall)
- used in law firms, when part of the firm, representing a party of a deal or litigation, is seperated from another part with contrary interest
- illegal in Ohia
CLA - Certified Legal Assistant
designation from NALA after taking and passing a 2-day exam
conflict of interest
- a conflict between the private interests and the official or professional responsibilities of a person in position of trust
- a conflict between competing duties
legal assistant <-> paralegal
a person qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts as customarily but not exclusively performed by a lawyer.
paralegal <-> legal assistant
a person qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts as customarily but not exclusively performed by a lawyer.
NALA - National Association of Legal Assistants (1975)
- provides continuing educaiton for legal assistants and paralegals
- responsible for content, standards and administration of the certified legal assistant/paralegal program
NALS - National Association of Legal Secretaries (1929)
administrates ALS, PLS and PP
NFPA - National Federation of Paralegal Associates
retains PES to administer the PACE
PACE
- Paralegal Advance Competency Exam
- administered by PES
PES
- Professional Education System
- administers PACE
PLS
advanced certification for legal professionals from NALS
PP
Professional Paralegal certified by NALS
privilege
exemption from a requirement to disclose information granted because of a relationship or position that demands confidentiality
procedural law (also called adjective law)
those rules that govern the mechanics of resolving a dispute in court or in an administrative agency
memorable quote: Jackson, Andrew
The great can protect themselves, but the poor and humble require the arm and shield of the law.
substantive law
nonprocedural rules that govern rights and duties, e.g. the requirements for the sale of land and the elements of battery
CLE - continuing legal education
training in the law (usually short-term) that a person receives after completing his or her formal legal training
traditional paralegal
a paralegal who is an employee of an attorney
independent contractor
one who operates his or her own business and contracts to do work for others who do not control many of the administrative details of how the work is performed
PI
personal injury
transactional paralegal
one who provides paralegal services for an attorney who represents clients in transactions such as entering contracts, incorporating a business, closing a real estate sale, or planning an estate
listserv
a program that manages computer mailing lists automatically, including the receipt and distribution of messages from and to memebers of the list
independent paralegal
an independent contractor (1) who sells his or her services to, and works under the supervision of, one or more attorneys; or (2) who sells his or her paralegal services directly to the public without attorney supervision.
unauthorized practice of law (UPL)
conduct by a person who does not have a license to practice law or other special authorization needed for that conduct
substantive legal work
nonclerical tasks that require legal experience or training; tasks that justify an award of paralegal fees
contingent fee (also contingency)
a fee that is paid onlyif the case is successfully resolved by litigation or settlement
paralegal fee
a fee that an attorney can collect for the nonclerical work of his or her paralegal on a client case
overhead
the operating expenses of a business for which customers and clients are not charged a seperate fee
American rule
the winning party cannot recover attorney fees and costs of litigation from the losing party unless (1) a statute authorizes such payment, (2) a contrct between the parties provides for such payment, or (3) the court finds that the losing party acted in bad faith in the litigation
English rule
the losing side in litigation must pay the winner's attorney fees and costs
fee shifting
the process of forcing one party to pay another's attorney fees and costs in litigation
statutory fee case
a case applying a special statute that gives a judge authority to order the losing party to pay the wining party's attorney and paralegals fees
lodestar
a method of calculating an award of attorney fees authorized by statute. the number of reasonable hours spent on the case is multiplied by a reasonable hourly rate.
law clerk
an attorney's employee who is in law school studying to become an attorney or who has graduated from law school and is waiting to pass the bar examination
contemporaneous
existing or occurring in the same period of time; pertaining to records that are prepared on events as the events are occurring or shortly thereafter
leveraging
making profit from the income-generating work of others
billable hours quota
a minimum number of hours expected from a timekeeper on client matters that can be charged (billed) to clients per week, month, year, or other time period
rule of three
a general guideline used by some law firms to identify budget expectations from hiring paralegals; gross revenue generated through paralegal billing should equal three times a paralegal's salary
realization rate
the hourly rate that a law office actually collects from the billable hours submitted by an attorney or paralegal