Legal Terms Chapter 8 - Legal Ethics

Question 1

American Bar Association

Answer 1

The largest bar association in the United States; it sets academic standards for law schools and formulates a model of ethics codes related to the legal profession.

Question 2

Attorney-client privilege

Answer 2

This is related to the duty of confidentiality, but coming from evidence law; it protects the lawyer from having to testify against his or her client, even when issued a subpoena.

Question 3

Bar exam

Answer 3

The exam that lawyers have to pass in order to get licensed to practice law.

Question 4

Canons of professional ethics

Answer 4

The first set of ethics rules created by the American Bar Association in 1906.

Question 5

Comments

Answer 5

The official remarks that help a reader understand the focus of the rules in the American Bar Association Model of Rules.

Question 6

Competent

Answer 6

In a legal ethics context, the capability to adequately represent the client by possessing the underlying substantive and procedural legal expertise that is needed for the matter.

Question 7

Confidential communication

Answer 7

A conversation or writing that expresses personal or private information.

Question 8

Conflict of interest

Answer 8

A situation in which a lawyer is torn between loyalty to two or more clients, or loyalty between client and lawyer.

Question 9

Contingency fee

Answer 9

A percentage of the plaintiff’s awarded damages or settlement amount; this must be in writing and signed by the client.

Question 10

Diligence

Answer 10

An important part of competence involving keeping a client reasonably informed about the status of his or her matter and responding to client requests for information.

Question 11

Disbarment

Answer 11

Permanent loss of a law license, ordered by a court that oversees the practice of law.

Question 12

Disciplinary commission

Answer 12

A group of people empowered by its jurisdiction’s highest court to investigate grievances against lawyers.

Question 13

Duty of confidentiality

Answer 13

A rule requiring lawyers to protect his or her client information, including statements made to the lawyer, documents given to the lawyer, and any information the lawyer learns about the client, whatever the source.

Question 14

Ethics opinions

Answer 14

Formal answers (which have a similarity in style to appellate court opinions) to questions about the interpretation or application of the ethics rules.

Question 15

Ex parte communication

Answer 15

A lawyer communicating with the judge while the other party’s lawyer is unaware of the communication.

Question 16

Flat fee

Answer 16

One fee for legal work not billed by the hour; a sum certain cost of the lawyer’s services not based on an hourly rate and billable hours.

Question 17

Frivolous lawsuit

Answer 17

A lawsuit meant to harass someone or one that has no basis in law or fact for bringing the claim or appeal.

Question 18

Grievance

Answer 18

A written accusation against a lawyer and filed with the appropriate lawyer disciplinary commission.

Question 19

Guidelines

Answer 19

Direct to lawyers to address how to use their employees in support of the clients’ needs.

Question 20

Hourly billing

Answer 20

The lawyer’s hourly rate times the lawyer’s billable hours.

Question 21

Informed consent

Answer 21

Acknowledged awareness of the likely consequences of taking a course of action.

Question 22

Legal assistant

Answer 22

A person who is trained to work in a legal office; it is often synonymous with paralegal, although some lawyers consider a legal assistant to be someone less trained or educated than a paralegal.

Question 23

Legal fees

Answer 23

Charges for a lawyer’s time and efforts.

Question 24

License suspension, short

Answer 24

involves the lawyer automatically being able to practice law at the suspension’s conclusion.

Question 25

License suspension, long

Answer 25

The lawyer must apply for reinstatement to the practice of law at the suspension's conclusion.

Question 26

Model code for professional responsibility

Answer 26

Rules for lawyer conduct created by the American Bar Association in 1969.

Question 27

Model rules for professional conduct

Answer 27

Replaced the model code for professional responsibility in 1983; formulated with mandatory rules followed by explanatory comments.

Question 28

Multistate bar exam

Answer 28

A multiple choice exam covering 7 subject areas, developed by the National Conference of Bar Examiners; part of the Uniform bar exam.

Question 29

Multistate performance test

Answer 29

A test developed by the National Conference of Bar Examiners to evaluate an examinee's fundamental lawyering skills, rather than measuring substantive legal knowledge.

Question 30

Nonbillables

Answer 30

Overhead expenses, such as paper clips, rent, and utilities, that cannot be charged to a lawyer's client.

Question 31

Private reprimand

Answer 31

A sanction issued against an attorney for a grievance where the attorney's name is not included in the official censure.

Question 32

Public reprimand

Answer 32

A sanction issued against an attorney for a grievance where the attorney's name is listed on the official censure.

Question 33

Soliciting

Answer 33

The act of live-contact attempts to seek new clients.

Question 34

Tort

Answer 34

A wrong against an individual.

Question 35

Uniform bar exam

Answer 35

An exam coordinated by the National Conference of Bar Examiners that includes the Multistate bar exam and uniformly tests knowledge and skills required to practice law and results in a portable score that can be transferred for admission to practice in those jurisdictions that accept this test.

Question 36

Waiver

Answer 36

The voluntary relinquishment of a known privilege or right.

Question 37

Waste

Answer 37

The abuse or destructive use of property that is in one's rightful possession.