Term
|
Definition
the body of law that deals with marriage, divorce, custody,
adoption, support, paternity, and other domestic relations issues. |
|
|
Term
|
Definition
without legal representation |
|
|
Term
|
Definition
without advance notice to or hear-
ing argument from the opposing
party based on the urgency of the
matter or the harm that might
otherwise result |
|
|
Term
|
Definition
a distinguishable
group of persons who through formal education, training, and experience, have
knowledge and expertise regarding the legal system and substantive and proce-
dural law which qualify them to do work of a legal nature under the supervision of
an attorney. |
|
|
Term
4 things that shape the role of the paralegal: |
|
Definition
1.Size of the Practice
2.Style and expectations of the supervising attorney
3.The scope of the practice
4.the skill of the paralegal |
|
|
Term
|
Definition
a person, usually a lawyer,
appointed by the court to conduct
an investigation and/or represent a
party who is a minor or otherwise
unable to represent himself or
herself in a legal proceeding; the
guardian’s role may be limited to
investigation of a particular matter,
such as custody |
|
|
Term
Qualified Domestic Relations Order
(QDRO) |
|
Definition
a court order directing the adminis-
trator of a pension plan to pay a
specified portion of a current or
former employee’s pension to an
alternate payee to satisfy a support
or other marital obligation |
|
|
Term
unauthorized practice of law |
|
Definition
engaging in the practice of the law without a license |
|
|
Term
|
Definition
a letter from an attorney to a client
confirming that the attorney agrees
to represent the client in a particular
legal matter |
|
|
Term
|
Definition
a letter from an attorney to an indi-
vidual confirming that the attorney
will NOT be representing that indi-
vidual with respect to a particular
legal matter |
|
|
Term
Reasons attornies may decline representation: |
|
Definition
-inability to pay
-baseless/frivolous claims
-conflicts of interest
-concerns about perjury
-case complexity beyond scope of practice
|
|
|
Term
|
Definition
a contract between an attorney and
a client regarding payment for the
attorney’s professional services |
|
|
Term
unbundling of legal services |
|
Definition
an alternative to full representation
in which an attorney performs dis-
crete tasks rather than comprehen-
sive representation in a legal matter,
usually at a substantial overall
savings to the client |
|
|
Term
|
Definition
an agreement between an attorney
and a client that specifically limits
the nature and extent of the profes-
sional representation to be provided |
|
|
Term
|
Definition
the standards or rules of conduct to
which members of a profession are
expected to conform
|
|
|
Term
|
Definition
a geographical area in which a cer-
tain law or procedure is governing;
the authority of a court to issue en-
forceable orders concerning a par-
ticular type of legal matter, person,
or thing |
|
|
Term
subject matter jurisdiction |
|
Definition
the authority of a court to hear and
decide a particular type of claim or
controversy |
|
|
Term
personal jurisdiction
(personam jurisdiction) |
|
Definition
the authority of a court to issue and
enforce orders binding a particular
individual; sometimes called in per-
sonam jurisdiction |
|
|
Term
|
Definition
[Latin: against a thing] the authority
a court has over a property or thing
rather than over a person |
|
|
Term
doctrine of respondeat superior |
|
Definition
the doctrine under which an
attorney is held vicariously liable for
the acts of his or her employees
performed within the scope of
employment |
|
|
Term
|
Definition
intentional or negligent professional
misconduct of an attorney that may
occur in the form of a failure to
properly supervise a paralegal |
|
|
Term
|
Definition
informing an
adverse party of the nature of a
claim or defense
***
a document in which a party to a legal proceeding sets forth or
responds to a claim, allegation, defense, or denial |
|
|
Term
|
Definition
applications to the court for an order
***
a written or oral request that a court issue a particular ruling
or order |
|
|
Term
|
Definition
a situation or circumstance that in-
terferes with the attorney’s or a pa-
ralegal’s duties of zealous advocacy
and loyalty to the client |
|
|
Term
|
Definition
a screening mechanism designed
to protect a client from a conflict of
interest by preventing one or more
lawyers (or paralegals) within a firm
from participating in any legal mat-
ter involving that client |
|
|
Term
attorney-client privilege |
|
Definition
the client’s right to refuse to dis-
close and to prevent the attorney
from disclosing confidential com-
munications between the client and
the attorney unless the communica-
tion concerns future commission of
a serious crime; the privilege is es-
tablished by statute |
|
|
Term
rule of attorney-client confidentiality |
|
Definition
the duty of an attorney not to reveal
any information relating to represen-
tation of a client; the rule is an ethi-
cal rule established in codes of
professional conduct |
|
|
Term
|
Definition
laws that relate to rights and obligations/duties rather than to technical procedures
|
|
|