TERMS IN LEGAL ETHICS Flashcards
Amicus Curiae
Amicus Curiae- is an experienced and impartial attorney invited by the court to appear and help in the disposition of the issues submitted to it. It implies friendly intervention of counsel to call the attention of the court to some matters of law or facts which might otherwise escape its notice and in regard to which it might go wrong. An amicus curiae appears in court not to represent any particular party but only to assist the court.
Amicus Curiae par excellence
bar associations who appear in court as amici curiae or friends of the court. Acts merely as a consultant to guide the court in a doubtful question or issue pending before it.
Attorney ad hoc
Attorney ad hoc- a person named appointed by the court to defend an absentee defendant in the suit in which the appointment is made
Attorneys-At-Law
Attorneys-At-Law – that class of persons who are licensed officers of the courts empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence
Attorney in fact
Attorney in fact- simply an agent whose authority is strictly limited by the instrument appointing him. His authority is provided in a special power of attorney or general power of attorney or letter of attorney. He is not necessarily a lawyer.
Attorney of record
Attorney of record is the attorney whose name is entered in the records of an action or suit as the lawyer of a designated party thereto.
Bar and Bench
“Bar” refers to the whole body of attorneys and counselors collectively, the members of the legal profession:
“Bench” denotes the whole body of judges.
Bar Association
Bar Association – an association of members of the legal profession like the IBP where membership is integrated or compulsory.
Client
Client is one who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a suit in behalf and usually for a fee.
Counsel/Attorney de oficio
Counsel/Attorney de oficio is an attorney appointed by the court to defend an indigent defendant in a criminal action.
How counsel de official is appointed
In a criminal action, if the defendant appears without an attorney, he must be informed by the court that it is his right to have an attorney before being arraigned and must be asked if he desires the aid of an attorney. If he desires and is unable to employ an attorney, the court must assign a counsel de oficio to defend him. He is also designated as counsel of indigent litigants. The appointment of a counsel de oficio in that instance is a matter of right on the part of the defendant.
On appeal in a criminal case, the appellate court must also appoint a counsel de oficio if, as shown by the certificate of the clerk of court of the trial court, a defendant (a) is confined in prison, (b) without means to employ an attorney, (c) desires to be defended de oficio.
House Counsel
House Counsel – one who acts as attorney for business though carried as an employee of that business and not as an independent lawyer.
Lawyer
Lawyer – this is the general term for a person trained in the law and authorized to advice and represent others in legal matters
Lead Counsel
Lead Counsel – the counsel on either side of a litigated action who is charged with the principal management and direction of a party’s case, as distinguished from his juniors or subordinates
Of Counsel
Of Counsel – an experienced lawyer, usually a retired member of the judiciary, employed by law firms as consultants.
