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30 Cards in this Set

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  • Back
  • 3rd side (hint)
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.
supposed facts to be true
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.
tangibly recorded
Firm or law firm
denotes a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association; or lawyers employed in a legal services organization or the legal department of a corporation or other organization. Whether government lawyers should be treated as a firm depends on the particular Rule involved and the specific facts of the situation.
in same business entity
Fraud or fraudulent
denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive.
deceit for gain
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.
agreement with reasonable knowledge
Knowingly, known, or knows
denotes actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances.
actual knowledge
denotes a member of a xxxxxx, a shareholder in a law firm organized as a professional corporation, or a member of an association authorized to practice law.
law firm shareholder
Reasonable or reasonably
when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.
Reasonable belief or reasonably
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.
circumstances support
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.
if competent
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.
isolated re conflict of interest
when used in reference to degree or extent denotes a material matter of clear and weighty importance.
denotes a court, an arbitrator in an 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 legal judgment directly affecting a party's interests in a particular matter.
adjudicative body
Writing or written
denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or video recording and e-mail. 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.
tangible record
Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
Any authoritative caution or advice to desist certain action.
authoritative caution
A voluntary organization of lawyers, which among other things, participates in law school accreditation and continuing legal education in an effort to improve services and the administration of justice.
National Lawyer group
Bar Association
On a state level, it is an organization of members admitted to practice law in a state whose function is to promote professionalism and enhance the administration of justice.
members admitted to practice
Billable hours
time spent on legal services for a client that can be charged to the client.
chargeable time spent
Business Ethics
The study & evaluation of decision making by businesses according to moral concepts & judgments.
dactions according to moral concepts
process by which a formal reprimand is issued to an individual by an authoritative body.
authoritative reprimand
Form of self-regulation where an organization grants recognition and "license" to individuals that meet certain requirement.
self-regulated recognition for meeting requirements
Title awarded to paralegals who pass an exam and meet other criteria established by the NALA.
Title awarded to paralegals who pass CLA exam, and at least one of the specialty exams, and who meet other requirements established by NALA.
CLA exam, and a specialty
Chinese wall
In business, a Chinese wall (or sometimes "firewall") is a metaphor used to refer to the practice of making sure that different parts of the firm are kept apart so that information does not circulate freely and to prevent conflicts of interest. The term is especially common in areas such as brokerage, law firms and management consulting
different parts and information kept apart
Contempt, civil
Disregard outside of the court for court order behavior.
Disregard outside court
Code of conduct
A written set of rules prescribing the ethical behavior for all individuals claiming membership or license in a group.
set of rules for group
Code of ethics
Code or set of rules setting forth the standards and guidelines for appropriate behavior. May also be referred to as a code or professional responsibility, code of conduct or other similar names.
rules for appropriate behavior
defendant or defender who is required to answer the same complaint as another defender of a plaintiff or pursuer in a civil lawsuit before a court, or has been formally charged or accused of the same act and event which violates a criminal statute.
multiple defendents
Commingling of funds
is a breach of trust in which a fiduciary mixes funds that he holds in the care of a client with his own funds, making it difficult to determine which funds belong to the fiduciary and which belong to the client. This raises particular concerns where the funds are invested, and gains or losses from the investments must be allocated. In such circumstances, the law usually presumes that any gains run to the client and any losses run to the fiduciary who is guilty of commingling. The problem of commingling is of particular concern in the legal profession. Attorneys are strictly prohibited from commingling their clients funds with their own, and such activity is grounds for disbarment in virtually every jurisdiction, because of the ease of embezzlement and the difficulty of detection. Similar rules apply for licensed real estate brokers handling earnest money and other professionals who hold deposits as agents for clients in absentia.
fiduciary mixes funds