Term
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Definition
| the jurisprudential system in which the parties to a legal dispute are oponents. their attorneys advocate a great variety of theories of benefit to the cause of their clients both before and during the trial, and on any appeal. |
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Definition
| a legal system used in some countries that allows the judge to investigate, question witnesses, and seek out evidence before a trial |
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| a relationship between two persons wherein one has an obligation to perform services with scrupulous good faith and honesty |
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Term
| in propria persona (in pro se) |
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Definition
| term meaning the person represents herself or himself in a legal action without the appearance of an attorney |
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Term
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Definition
| a fixed percentage of the monetary recovery obtained by a lawyer for a client. it is agreed on in advance and accepted in full payment for services rendered |
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Term
| legal services corporation |
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Definition
| a federally funded corporation that distributes federal tax dollars to state programs that provide legal assistance in noncriminal proceedings to persons financially unable to afford sure services |
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Term
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Definition
| when an attorney provides legal services free of charge to poor but worthy clients or causes |
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Term
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Definition
| insurance plans designed to make legal services available to members of unions or other organizations, such as business firms. |
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Term
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Definition
| a nonprofit law firm that offers assistance in areas such as, employment, minority rights, civil rights, political rights, family law, and environmental law |
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Term
| alternative dispute resolution |
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Definition
| various methods of resolving disputes through means other than the judicial process. |
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Term
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Definition
| negotiation, mediation, arbitration, med-arb, private judging, ombudsperson, expert fact finding, early neutral evaluation, mini-trial, summary jury trial, collaborative law or practice, partnering |
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Term
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Definition
| communication between disputing parties for the purposes of persuasion and settlement or resolution |
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Term
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Definition
| the use of neutral third party to assist parties in voluntarily solving their disputes |
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Term
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Definition
| use of a third party to lower tensions, improve communications, and explore possible solutions to a conflict. |
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Term
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Definition
| a private confidential meeting between disputants and a third-party neutral |
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Term
| American Arbitrator Association |
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Definition
| Private nonprofit organization organized to provide education, training, and administrative assistance to parties who use nonjudicial methods- that is, ADR for resolving disputes |
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Term
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Definition
| alternative to litigation whereby conflicting parties select a neutral third party to hear and decide their dispute. Arbitration can be binding or nonbinding. |
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Term
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Definition
| the final decision of an arbitrator or other non-judicial officer in the resolution of a dispute |
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Term
| court-annexed arbitration |
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Definition
| a type of nonbinding arbitration required by some courts before the parties may proceed to trial |
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Term
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Definition
| an alternative dispute resolution process that combines mediation and arbitration |
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Term
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Definition
| the use of a legally trained arbitrator who follows formal judicial procedures in hearing a case outside a court. |
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Term
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Definition
| a proactive neutral party who investigates and determines facts and suggests resolutions to disputes |
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Term
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Definition
| a nonbinding process in which an appointed expert investigates or hears facts on selected issues. At the conclusion, he or she makes findings of fact. |
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Term
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Definition
| ADR process providing disputing parties with an early candid evaluation by an objective observer of the merits of a case |
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Term
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Definition
| a private, voluntary informal form of dispute resolution in which attorneys for each disputant make a brief presentation of his or her best case before officials for each side who have authority to sette |
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Term
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Definition
| a nonbinding alternative dispute resolution (ADR) process in which parties present their cases to a private mock jury, which then gives the parties an advisory verdict. |
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Term
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Definition
| a panel of lay citizens selected and paid to mirror the role of an actual jury. |
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Term
| collaborative law practice |
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Definition
| a method whereby the parties agree to resolve their disputes without court intervention using interest-based negotiation practices |
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Term
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Definition
| a team-building process designed to improve contract performance and reduce or eliminate contract litigation through common understanding of goals and improved communication. The process is used in large, complicated, and expensive contractswith its roots in the contruction industry. |
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Term
| canons of professional ethics |
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Definition
| first american bar set of rules |
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Term
| attorney client privilege |
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Definition
| the right of a client to keep communications with his or her attorney confidential and free from disclosure |
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Term
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Definition
| when a client's interests are at odds with another's because the attorney serves, might serve, or is tempted to serve the other |
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Term
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Definition
| a lawyer provided by the community for a person who is accused of a serious crime (felony) and cannot afford to hire counsel |
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Term
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Definition
| A. a sum of money paid to an attorney for a promise to remain available to the client for consultation when needed and requested. B. Fees paid in advance that are held in a trust account to be drawn down (taken) by the attorney as work progresses |
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Term
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Definition
| When all members of a group of persons who have suffered the same or similar injury join together in a single lawsuit against the alleged wrongdoer. The group must be so numerous that it is impractible to bring all members before the court individually |
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Term
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Definition
assisting a party to a lawsuit with money or otherwise, to prosecute or defend the lawsuit
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Term
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Definition
| an illegal agreement with a party to a suit for a portion of any recovery in exchange for paying the litigant's lawsuit expenses |
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Term
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Definition
| violation of a duty of due care by a professional person. |
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