Chapter 8 Legal interviewing Flashcards Preview

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Flashcards in Chapter 8 Legal interviewing Deck (31)
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1

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.

Retainer

2

A letter that identifies the scope of services to be provided by a professional and the payments to be made for such services.

engagement letter

3

(1) an individual, business, or other organization with resources to pay a potential judgement. (2) sufficient assets for this purpose

Deep Pocket

4

A letter sent to a prospective client that explicitly states that the law office will not be representing him or her.

letter of nonengagement

5

a formal rejection

declination

6

a law stating rthat civil or criminal actions are barred if not brought within a specified period of time.

statutue of limitations

7

the person being interviewed

interviewee

8

a memorandum that summarizes the facts given by a client during the initial client interview.

intake memo

9

concerning (in re in the title of a court opinion means "in the matter of".

re

10

a reason that is legally sufficient to obtain a remedy or other result

ground

11

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

legal analysis

12

(1) logically tending to establish or disprove a fact. Pertinent. (2) Contributing to the resolution of a problem or issue.

relevant

13

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.

fact particularization

14

a comparison of similarities and differences

analogy

15

an inclination or tendency to think and act in a certain way. A danger of prejudgement. Prejudice for or against something or someone

Bias

16

the state of being dispassionate, the absence of a bias.

objectivity

17

not actual or real but presented for purposes of discussion or analysis

hypothetical

18

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

19

a case in which a client pays the attorney and paralegal fees only if they win through litigation or settlement.

contingency fee

20

technical language; words that do not have everyday meaning.

jargon

21

a broad, unstructured question that rarely can be answered in one or two words.

open ended question

22

an open ended question thart asks for a summary of an event or condition,

overview question.

23

a narrowly structured statement that usually can be answered in one or two words. also called a directive question

close ended question

24

a question designed to encourage the interviewee to describe what happened in the order in which events occurred, by date, step by step

chronological question

25

A question designed to verify facts by seeking information beyond what is provided by the interviewee.

corroborative question

26

a question that more than one part

combination question

27

a question that asks the interviewee to choose among two or more options states in the question.

multiple choice question

28

A question that stacks one or more additional questions within it

add on question

29

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

30

a deduction or conclusion reached from the facts

inference