Flashcards in Chapter 8 Legal interviewing Deck (31)
1. the act of hiring or engaging the services of someone, usually a professional.
2. An amount of money or other property paid by a client as a deposit as a deposit or advance against future fees, costs and expenses of providing services.
A letter that identifies the scope of services to be provided by a professional and the payments to be made for such services.
(1) an individual, business, or other organization with resources to pay a potential judgement. (2) sufficient assets for this purpose
A letter sent to a prospective client that explicitly states that the law office will not be representing him or her.
letter of nonengagement
a formal rejection
a law stating rthat civil or criminal actions are barred if not brought within a specified period of time.
statutue of limitations
the person being interviewed
a memorandum that summarizes the facts given by a client during the initial client interview.
concerning (in re in the title of a court opinion means "in the matter of".
a reason that is legally sufficient to obtain a remedy or other result
the application of one or more rules to the facts of a clients case in order to answer a legal question that will help (1) keep a legal dispute from arising (2) resolve a legal dispute that has arisen or (3) prevent a legal dispute from becomming worse
(1) logically tending to establish or disprove a fact. Pertinent. (2) Contributing to the resolution of a problem or issue.
a fact gathering technique to generate a large list of factual questions (who, what, where, when and why.) that will help you obtain a specific and comprehensive picture of all available facts that are relevant to a legal issue.
a comparison of similarities and differences
an inclination or tendency to think and act in a certain way. A danger of prejudgement. Prejudice for or against something or someone
the state of being dispassionate, the absence of a bias.
not actual or real but presented for purposes of discussion or analysis
a cause of action in which a party seeks a court remedy for the alleged failure of a party to perform the terms of an enforcable contract.
breach of contract
a case in which a client pays the attorney and paralegal fees only if they win through litigation or settlement.
technical language; words that do not have everyday meaning.
a broad, unstructured question that rarely can be answered in one or two words.
open ended question
an open ended question thart asks for a summary of an event or condition,
a narrowly structured statement that usually can be answered in one or two words. also called a directive question
close ended question
a question designed to encourage the interviewee to describe what happened in the order in which events occurred, by date, step by step
A question designed to verify facts by seeking information beyond what is provided by the interviewee.
a question that more than one part
a question that asks the interviewee to choose among two or more options states in the question.
multiple choice question
A question that stacks one or more additional questions within it
add on question
a question asked at the end of the interview (or at the end of a seperate topic within the interview) in which the interviewee is asked if there is anything he or she thinks has been left out or inadequately covered.
wrap up question